Chapter 16.86


16.86.010    Establishment of development permit.

16.86.020    Designation of the Administrator.

16.86.030    Duties and responsibilities of the Administrator.

16.86.040    Appeals.

16.86.010 Establishment of development permit.

A development permit shall be obtained before any construction, encroachments, obstructions or development begins within any area of special flood hazard established in PMC 16.84.020. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation 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 20-foot 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; and

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 PMC 16.88.010(C)(3) and FEMA Technical Bulletins 1-93 and 7-93;

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and

C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in PMC 16.88.010(C)(2) and FEMA Technical Bulletin TB 3-93; and

D. All appropriate certifications listed in PMC 16.86.030(D); and

E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 686 § 2, 2009; Ord. 599 § 2, 2004; Ord. 518, 1999; Ord. 503, 1998; Ord. 245 § 3, 1987; Ord. 174, 1985)

16.86.020 Designation of the Administrator.

The Director of Development Services is hereby appointed to administer, implement and enforce this division by granting or denying development permit applications in accordance with its provisions. (Ord. 599 § 2, 2004; Ord. 518, 1999; Ord. 503, 1998; Ord. 174, 1985)

16.86.030 Duties and responsibilities of the Administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

A. Permit Review. Review all development permits to determine that:

1. The permit requirements of this division have been satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

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 purposes of this division, “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.

B. Review, Use, and Development of Other Base Flood Data.

1. When base flood elevation data has not been provided in accordance with PMC 16.84.020, 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 16.88 PMC. Any such information shall be submitted to the City Council for adoption; or

2. If no base flood elevation data is available from a Federal or State agency or other source, then a base flood elevation shall be obtained using one of 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 16.88 PMC:

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 the 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 100-year or base flood discharge and the base flood elevation 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.”

C. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained;

4. 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;

5. 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.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by PMC 16.88.010(C)(1) and 16.88.040 (lowest floor elevations);

2. Certification required by PMC 16.88.010(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by PMC 16.88.010(C)(3) (wet floodproofing standard);

4. Certification of elevation required by PMC 16.88.030(B) (subdivision standards);

5. Certification required by PMC 16.88.060 (floodway encroachments);

6. Reports required by PMC 16.88.070 (mudflow standards).

E. Map Determinations. 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 pursuant to the process outlined in subsection B of this section. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 16.90 PMC.

F. Remedial Action. Take action to remedy violations of this division as specified in PMC 16.84.030. (Ord. 743 § 3, 2012)

16.86.040 Appeals.

The City Council of the City of Poway shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this division. (Ord. 599 § 2, 2004)