Chapter 13.88
ADMINISTRATION
Sections:
13.88.010 Establishment of development permit.
13.88.030 Designation of the administrator.
13.88.040 Duties and responsibilities.
13.88.050 Documentation of floodplain development.
13.88.060 Alteration of watercourses.
13.88.075 Remedy of violations.
13.88.080 Maintenance of flood protection measures.
13.88.010 Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 13.84.020. Application for a development permit shall be made on forms furnished by the development services manager and may include, but not be limited to, plans in duplicate scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
A. Site plan, including but not limited to:
1. For all proposed structures, spot ground elevations at building corners and twenty feet or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site;
2. Proposed locations of water supply, sanitary sewer, and utilities;
3. If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and
4. If applicable, the location of the regulatory floodway;
B. Foundation design detail, including but not limited to:
1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
2. For a crawl space foundation, location and total net area of foundation openings as required in Section 13.92.010(C)(3) and FEMA Technical Bulletins 1-93 and 7-93; and
3. For foundations placed on fill, the location and height of fill, and requirements (compacted to ninety-five percent using the Standard Proctor Test method).
C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 13.92.010(C)(2) and FEMA Technical Bulletin TB3-93;
D. All appropriate certifications listed in Section 13.88.040(D) and FEMA Technical Bulletin TB 3-93; and
E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 2022-10 § 2, 2022; Ord. 2003-12 § 1 (part), 2003: Ord. 98-8 § 22, 1998; Ord. 711 (part), 1988; Ord. 649 § I (part), 1982)
13.88.020 Inspections.
A. Inspections in General. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
B. Inspections of Development Other Than Buildings and Structures. The floodplain administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The floodplain administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
C. Inspections of Manufactured Homes Installations. The floodplain administrator shall make, or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 13.92.040(B) the floodplain administrator shall inspect the installation or have the installation inspected.
D. Buildings and Structures. The building official shall make, or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
1. Lowest Floor Elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official.
2. Final Inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official. (Ord. 2022-10 § 2, 2022)
13.88.030 Designation of the administrator.
The director of public works and the building official are appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 2022-10 § 2, 2022; Ord. 649 § 1 (part), 1982. Formerly 13.88.020)
13.88.040 Duties and responsibilities.
Duties and responsibilities of the director of public works under this section shall include but are not necessarily limited to the following:
A. Permit Review. The director shall review all development permits to determine:
1. The permit requirements of this section have been satisfied:
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For the purposes of this section, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point; and
5. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
B. Development of Substantial Improvement and Substantial Damage Procedures.
1. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value.”
2. Assure procedures are coordinated with other departments/divisions and implemented by community staff.
C. Review, Use and Development of Other Base Flood Data.
1. When base flood elevation data has not been provided in accordance with Section 13.84.020, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Chapter 13.92. Any such information shall be submitted to the city of Dinuba for adoption; or
2. If no base flood information data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of the two methods from the FEMA publication “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995 in order to administer Chapter 13.92.
a. Simplified Method.
i. One-hundred-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or discharge-drainage area method; and
ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. Detailed Method. The one-hundred-year or base flood discharge and the base shall be obtained using detailed methods identified in FEMA publication 265, published in July 1995 and titled: “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations.”
D. Notification of Other Agencies.
1. Alteration or Relocation of a Watercourse.
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management Agency; and
c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base flood elevation changes due to physical alterations:
a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. (Ord. 2022-10 § 2, 2022; Ord. 2009-02 § 2, 2009; Ord. 2003-12 § 1 (part), 2003; Ord. 98-8 § 23, 1998. Formerly 13.88.030)
13.88.050 Documentation of floodplain development.
Obtain and maintain for public inspection and make available, as needed, the following:
A. The certification required by Sections 13.92.010(C) and 13.92.040. (Ord. 2022-10 § 2, 2022; Ord. 2003-12 § 1 (part), 2003: Ord. 98-8 § 24, 1998; Ord. 711 (part), 1988; Ord. 649 § 1 (part), 1982. Formerly 13.88.040)
13.88.060 Alteration of watercourses.
The director shall:
A. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
B. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained. (Ord. 2022-10 § 2, 2022; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982. Formerly 13.88.050)
13.88.070 Map determinations.
The director shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 13.88.090. (Ord. 2022-10 § 2, 2022; Ord. 2003-12 § I (part), 2003: Ord. 649 § 1 (part), 1982. Formerly 13.88.060)
13.88.075 Remedy of violations.
The director of public works shall take action to remedy violations of the ordinance codified in this section as specified in Section 13.84.030. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 25, 1998. Formerly 13.88.065)
13.88.080 Maintenance of flood protection measures.
The maintenance of any and all flood protection measures, levees, dikes, dams or reservoirs will be required of the jurisdiction where such measures provide protection. If these measures are privately owned, an operation or maintenance plan will be required of the owner to be on file with the director. (Ord. 2022-10 § 2, 2022; Ord. 649 § 1 (part), 1982. Formerly 13.88.070)
13.88.090 Appeals.
The city council of Dinuba, as the governing body of the city, shall hear and decide appeals by any party interested in an application made for a development permit under this chapter who is dissatisfied with the decision on that application made by the floodplain administrator or anyone acting in his name or on his behalf, particularly when such an appeal alleges that there was an error in any requirements, decision or determination by the floodplain administrator in the enforcement or administration of any of the provisions of this division. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 3, 1996. Formerly 13.88.080)