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9-70.1. Establishment of Development Permit.A Development Permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 9-69. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans prepared by a registered civil engineer 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.Proposed elevation in relation to mean sea level (by licensed surveyor) of the lowest floor (including basement) of all structures; in Zone A0 elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

2.Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

3.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; and

4.Proposed locations of water supply, sanitary sewer, and utilities; and

5.If available, the base flood elevation from the Flood insurance Study and/or Flood Insurance Rate Map; and

6.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; and

2.for a crawl-space foundation, location and total net area of foundation openings as required in Section 9-71.1.C.3 of this ordinance and FEMA Technical Bulletins 1-93 and 7-93; and

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 Section 9-71.1.C.2 of this ordinance and FEMA Technical Bulletin TB 3-93; and

D.all appropriate certification listed in Section 9-70.3.D of this ordinance; and

E.description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

9-70.2. Designation of the Floodplain Administrator.The Chief of Inspection Services/Building Official is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions.

9-70.3. Duties and Responsibilities of the Floodplain Administrator.The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

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

1.review all development permits to determine that the permit requirements of this ordinance 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 purposes of this ordinance, “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. Use of Other Base Flood Data.

1.When base flood elevation data has not been provided in accordance with Section 9-69.2, the applicant shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 9-71. Any such information shall be submitted to the Planning Commission for adoption and the Flood Administrator shall reasonably utilize said information; 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 Section 9-71:

(a)Simplified method:

i.100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program; and

ii.base flood elevation shall be obtained using the U.S. Army Corps of Engineer’s HEC-RAS computer program.

(b)Detailed method:

i.100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program; and

ii.base flood elevation shall be obtained using the U.S. Army Corps of Engineers’ HEC-RAS computer program.

C. Alteration of Watercourse.Whenever a watercourse is to be altered or relocated:

1.Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

2.Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

D. Information to be Obtained and Maintained.Obtain and maintain for public inspection and make available as needed:

1.the certification required in Section 9-71.1.C.1 and Section 9-71.4 (lowest floor elevations);

2.the certification required in Section 9-71.1.C.2 (elevations or floodproofing of nonresidential structures);

3.the certification required in Section 9-71.1.C.3 (elevation or floodproofing of nonresidential structures);

4.the certification required in Section 9-71.1.C.4(a) or Section 9-71.1.C.4(b) (wet floodproofing standard);

5.the certified elevation required in Section 9-71.3 (subdivision standards);

6.the information required in Section 9-71.5 (coastal construction standards).

E. Interpretation of FIRM Boundaries.Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, 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 9-72.

F. Act to Remedy Violations.Take action to remedy violations of this ordinance as specified in Section 9-69.3 herein.

9-70.4. Appeals.The Planning Commission of the City of Monterey 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 ordinance. (Ord. 3653 § 4, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)