HomeMy WebLinkAbout04-01 - Floodplain and Floodway DistrictsORDINANCE NO. 04-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 13,
ARTICLE 10, OF THE COSTA MESA MUNICIPAL CODE
REGARDING FLOODPLAIN AND FLOODWAY DISTRICTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Title 13, Article 10, Floodplain and Floodway Districts, of the Costa Mesa
Municipal Code is hereby amended as shown in Attachment A.
Section 2. Environmental Determination. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's environmental procedures, and has been found to be
exempt.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to affect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5. Publication. The Mayor shall sign and the Deputy City Clerk shall certify
to the passage and adoption of this Ordinance and shall cause the same to be
published and posted pursuant to the provisions of law in that regard and this
Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND ADOPTED this 20� day of January, 2004
ATTEST:
Deputy ity Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
e
wva t warr"M
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor of the ity of Costa Mesa
I, JULIE FOLCIK, Deputy City Clerk and ex -officio clerk of the City Council of the
City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 04-1
was introduced and considered section by section at a regular meeting of said City
Council held on the 5" day of January, 2004, and thereafter passed and adopted as a
whole at a regular meeting of said City Council held on the 20`" day of January, 2004,
by the following roll call vote:
AYES: Monahan, Mansoor, Cowan, Steel, Scheafer
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 21st day of January, 2004.
01
Dep City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
Attachment A
Amendments to Title 13, Article 10
ARTICLE 10. FLOODWAV AND FLOODPLAIN DISTRICTS
Sec. 13.77. PURPOSE
The floodway and Floodplain districts and regulations are intended to be applied to those areas of the City
which, under present conditions, are subject to periodic flooding and accompanying hazards. The
objectives of the floodway and floodplain districts include:
(a) Prevention of loss of life and property and minimization of economic loss caused by flood flows.
(b) Establishment of criteria for land management and land use in floodprone areas that are consistent
with the criteria promulgated by the Federal Emergency Management Agency for the purpose of
providing flood insurance eligibility for property owners.
(c) Prohibition of encroachments, new construction or other improvements or development that would
obstruct or divert the flow of floodwaters within a regulatory floodway.
(d) Regulation and control of use of land below the elevation of the design flood flow within the
remainder of the floodplain.
Sec. 13-78. DEFINITIONS
The following words and phrases shall have the definition and construction set forth in this section as used
in this article, unless otherwise provided:
Area of shallow flooding. A designated AH or AO zone on the flood insurance rate map (FIRM) in which:
(a) The base flood depths range from one to 3 feet;
(b) A clearly defined channel does not exist; and
(c) The path of flooding is unpredictable and indeterminate.
Area of special flood hazard. The land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year.
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Desian flood. That flood against which protection is to be provided by means of land use regulation, flood
protective or flood control works. For the purposes of this article, the design flood shall be at the 100 -year
recurrence interval, corresponding to the base flood as defined above.
Development. Any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, grading or paving located within the flood hazard area.
Flood. A general and temporary condition of partial or complete inundation of land areas from the overflow
of inland and tidal waters, and the rapid accumulation of runoff of surface waters from any source and
mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or
under the ground.
Flood hazard area. An area having flood, mud -slide (i.e., mudflow) and flood -related erosion hazards, or
as shown on a sectional district map, flood insurance rate map (FIRM) or food boundary and floodway map.
Flood insurance rate map (FIRM) and flood boundary and floodway map. The official maps published
by the Federal Insurance Administration (dated August 9, 2002, and any subsequent amendments or
revisions thereof) on which are delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
Flood Insurance study. The "Flood Insurance Study for the City of Costa Mesa, Califomia, Orange Coun-
ty" (preliminary study dated August 9, 2002, and any subsequent revisions or updates thereof) prepared by
the Federal Insurance Administration providing flood profiles, as well as the boundaries and the water
surface elevations of the base flood, including the flood boundary and flood -way map.
Floodplain. The land area adjacent to a watercourse, and other land areas susceptible to being inundated
by water from any source (see definition of "flood").
Flood proofing. Any combination of structural and nonstructural additions, changes or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, and structures and their contents.
Flood Protection system. Those physical structural works for which funds have been authorized,
appropriated and expended and which have been constructed specifically to modify flooding in order to
reduce the extent of the area within a community subject to a flood hazard and the extent of the depth of
associated flooding. Such a system typically included channels, storm drains or levees or dikes. These
specialized flood modifying works are those constructed in conformance with sound engineering standards.
Flood related erosion. The collapse or subsidence of land along the shore of a lake or other body of water
as a result of erosion or undermining, caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as a flash flood or by an abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in flooding.
Floodway. The channel of a river or other watercourse and adjacent land areas that must be reserved in
an open manner, and that can be designated to provide for the discharge of the design flood without
cumulatively increasing the water surface elevation more than one foot. The floodway may also be that land
area necessary for the design flood discharge for an authorized Federal flood control project.
Floodwav fringe. That area between the design flood boundary and the floodway shown on the flood
boundary and floodway map.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a
basement area, is not considered a building's lowest Floor, provided that the enclosure is not built so as to
render the structure in violation of the applicable non -elevation design requirements of this article.
Land use district symbol. The applicable designation for the zoning of property, contained in this title.
Regulatory floodway. The floodway areas designated by the City as FP -1 overlay districts and/or the
flooding areas delineated on the official Federal Insurance Administration flood boundary and floodway
maps for the City of Costa Mesa.
Structure. Anything constructed or erected requiring a fixed location on the ground or attached to
something having a fixed location on the ground except business signs and other improvements of a minor
character. For floodplain management purposes, "structure" means a walled and roofed building, including
a gas or liquid storage tank that is principally above ground, and includes a manufactured home.
Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of which
equals to or exceeds 50 percent of the market value of the structure either (a) before the improvement or
repair is started, or (b) if the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
Manufactured home. Any structure that is transportable in one or more sections, built on a permanent
chassis, and designated to be used with or without a permanent foundation when connected to the required
utilities. For floodplain management purposes the term "manufactured home" also includes park trailers,
travel sailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes the term "manufactured home" does not include park trailers, travel sailers, and other
similar vehicles.
Manufactured home park or subdivision. Any lot (or abutting lots) of land divided into 2 or more
manufactured home lots for rent or sale.
Start of construction. The date the building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not
include the following:
(a) land preparation, such as clearing, grading and filling;
(b) Installation of streets and/or walkways;
(c) Excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor
(d) Installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
Sec. 13-79. APPLICATION
(a) In any base district where the district symbol is followed by, as a part of such symbol, the
parenthetically enclosed symbols (FP -1) or (FP -2), or when the property is included within a
designated flood hazard area shown on the adopted Orange County (countywide) Flood Insurance
Rate Map (FIRM) dated August 9, 2002, or a subsequent FIRM, of flood boundary and floodway
maps as published by the Federal Emergency Management Agency (FEMA), the additional
requirements, limitations and standards contained in this article shall apply. The land use district
symbol shall constitute the "base district' and the symbol (FP -1), (FP -2), or those flood hazard zone
designations on the flood insurance rate map as listed below, shall constitute the "combining
district". In the event of conflicting provisions of the combined district regulations, the requirements
of the FP Floodplain district shall take precedence over the requirements of the base district. These
regulations are applicable as follows:
(1) Areas shown as (FP -1) on the official land use map and areas shown as a "floodway'on an
adopted flood boundary and flood -way map are subject to the FP and FP -1 provisions of
this article.
(2) Areas shown as (FP -2) on the official land use and district maps and areas shown as A,
A7, A8, At 1, AO, and AH on any adopted flood insurance rate map are subject to the FP,
FP -2, and floodway fringe area provisions of this article, except that where there is a
conflict with the provisions of (a)(1) above, those provisions are applicable.
(b) Flood hazard areas shall be identified and mapped, based upon:
(1) The base flood and criteria set forth by the "Flood Insurance Study for the City of Costa
Mesa, California, Orange County' (preliminary study dated August 9, 2002, and any
subsequent amendments or revisions thereof). If FEMA has not provided base flood
elevations in the study, such base flood data shall be obtained from other available
sources or studies meeting with City approval; or,
(2) The design flood as determined from engineering studies reviewed and found satisfactory
by the City as approved by the City Council.
(c) The following documents are hereby adopted for the application of FP floodplain district regulations
only: (1) all the standards of Paragraph 60.3(b) of the National Flood Insurance Program, (2) The
Orange County (countywide) FIRM and flood boundary and floodway maps as zoning district maps
(dated August 9, 2002, and any subsequent amendments or revisions thereof), and (3) Flood
Insurance Study for the City of Costa Mesa (dated August 9, 2002, and any subsequent revisions or
updates thereof).
Sec. 13-60. USES PERMITTED IN THE (FP -1) OVERLAY DISTRICT AND IN FLOODWAY AREAS.
(a) The following uses shall be allowed in the (FP -1) overlay district and in floodway areas:
(1) Flood control channels, levees, spreading basins and grounds, roads, bridges, storm drains
and other flood control facilities and devices where the design has been approved by the
Director of the Environmental Management Agency and the Board of Supervisors of
Orange County or the Public Services Director and the City Council.
(2) General agricultural uses including farming or pastures provided there are no permanent
structures, landfill, storage of materials or equipment or stream alterations that would result
in any diversion or increase in flood levels within the designated floodway.
(3) Public utility transmission lines and conduits.
(4) Recreation areas, parks, fishing lakes, riding and hiking trails, golf courses, athletic fields
and similar open space uses not including any permanent structures or improvements.
(b) The following uses are prohibited in the (FP -1) overlay district and in floodway areas:
(1) Any permanent structures or buildings excepting those necessary for conveyance of flood
and drainage waters and for transit of public utilities and roads.
(2) Dwelling units.
(3) Landfills, excavations, improvements, developments or encroachments that would obstruct
or create debris -catching obstacles to passage of a design flood, or cause a cumulative
increase in the elevation of the design flood -water profile at any point, or would tend to
broaden the floodplain or divert flood flows out of the regulatory floodway or in any way
impair the design flood conveyance capacity of the regulatory floodway or cause a potential
hazard to public safety or property resulting from flood flows.
(4) Storage or disposal of floatable substances or materials, dangerous chemicals, explosives,
flammable liquids or other toxic materials.
(c) Additional uses not specifically listed above as either a permitted or prohibited use may be
considered for approval as a conditional use, according to the procedures set forth in CHAPTER III
PLANNING APPLICATIONS. However, no use permit shall be approved unless the following
finding can be made:
(1) The proposed project, alone or in combination with any existing developments, will not
endanger public safety, will not restrict the carrying capacity of the regulatory floodway, will not
increase flood heights and will not increase the velocity of floodwaters.
(2) Applicants for conditional use permits shall be required to submit studies, plans or other
evidence prepared by a registered professional engineer or architect to support the required
findings necessary for approval of the use permit.
Sec. 13-81. USES PERMITTED IN THE (FP -2) OVERLAY DISTRICT AND IN DESIGNATED
FLOODWAY FRINGE AND SPECIAL FLOOD HAZARD AREAS INDICATED ON THE FLOOD
INSURANCE RATE MAP.
(a) Permitted uses.
(1) All permitted uses in the (FP -1) overlay district.
(2) New structures and improvements, including the placement of buildings within the (FP -2)
district and floodway fringe or special flood hazard areas developed in conformance with
the provisions of Section 13-82(d) PROCEDURES AND DEVELOPMENT STANDARDS
through 13-82(f), inclusive.
(b) Prohibited uses.
(1) Landfills, excavations, improvements, developments or encroachments that will obstruct or
create debris -catching obstacles to passage of the design flood, or that cause a cumulative
increase in the elevation of the design flood -water profile more than one foot at any point,
or that will tend to broaden or direct flood flows out of the natural floodplain, or otherwise
cause a potential hazard to public safety or property resulting from flood flows in the
floodway fringe or special flood hazard areas.
(2) Storage of floatable substances or materials.
(3) Storage or disposal of chemicals, explosives, flammable liquids or other toxic materials in
areas or structures that have not been made floodproof.
(c) Conditional uses.
(1) Additional uses not specifically listed above as either a permitted or prohibited use may be
considered for approval as a conditional use, according to the procedures set forth in
CHAPTER III PLANNING APPLICATIONS. However, no conditional use permit shall be
approved unless the following finding can be made,
a. The proposed project, along or in combination with any existing developments, will not
endanger public safety, will not increase flood heights, and will not increase the velocity
of floodwaters.
(2) Applicants for conditional use permits shall be required to submit studies, plans or other
evidence prepared by a registered professional engineer or architect to support the required
findings necessary for approval of the conditional use permit.
Sec. 13.82. PROCEDURES AND DEVELOPMENT STANDARDS FOR FP -1 AND FP -2 OVERLAY
DISTRICTS
(a) Review procedures. Pursuant to FEMA's National Flood Insurance Program regulations, the
Planning Division shall review projects proposed in areas subject to the FP district regulations to
determine compliance with the provisions of this article. Specific responsibilities shall include, but
not be limited to:
(1) Require permits for all proposed development within Zone A on the City's FIRM;
(2) Review proposed development to assure that all necessary permits have been received
from those governmental agencies from which approval is required by Federal or State law,
including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334;
(3) Review all permit applications to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new
construction and substantial improvements shall (a) be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (b)
be constructed with materials resistant to flood damage, (c) be constructed by methods and
practices that minimize flood damages, and (d) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(4) Review subdivision proposals and other proposed new development to determine whether
such proposals will be reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood -prone area, any such proposals shall be reviewed
to assure that (a) all such proposals are consistent with the need to minimize flood damage
within the Flood -prone area, (b) all public utilities and facilities, such as sewer, gas,
electrical, and water systems are located and constructed to minimize or eliminate flood
damage, and (c) adequate drainage is provided to reduce exposure to flood hazards;
(5) Require within flood -prone areas new and replacement water supply systems to be
designed to minimize or eliminate infiltration of flood waters into the systems;
(6) Require within flood -prone areas (a) new and replacement sanitary sewage systems to be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters and (b) onsite waste disposal systems to be
located to avoid impairment to them or contamination from them during flooding; and
(7) Require that all new subdivision proposals and other proposed new developments
(including proposals for subdivisions greater than 50 lots or 5 acres whichever is the
lesser), include within such proposals base flood elevation data.
(b) Submittal requirements. Al development, subdivision, structure and substantial improvement
proposals shall include submittal of detailed drainage studies and plans drawn to scale showing the
nature, location, dimensions and elevation of the area in question, and all existing or proposed
structures, fill, storage of materials, drainage facilities and their locations. Specifically, the following
information is required:
(1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of
all structures; in Zone AO, elevation of existing 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) Certification by a registered professional engineer or architect that the floodproofng
methods for any nonresidential structure meet the floodproofng criteria contained in this
article.
(4) Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development. The plans, floor height information, and certfications shall be
maintained on file by the Development Services Department for flood insurance reference
purposes.
(c) Alteration or relocation of watercourse. The Planning Division shall notify adjacent communities
and the State Department of Water Resources prior to approval of any project which would alter or
relocate a watercourse having an effect on the flood hazard areas shown on the flood insurance
rate maps and submit evidence of such notification to the appropriate Federal agency. Any approval
action for such project shall require that maintenance is provided within the altered or relocated
portion of a watercourse so that the Flood -carrying capacity of the watercourse is not diminished.
(d) Standards of construction. In all areas of special flood hazards, the following standards are
required:
(1) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
(2) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage using methods and practices that minimize flood
damage.
(3) New construction and substantial improvement of any structure shall have the lowest floor,
including basement, elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in subsection (d)(5). Upon completion of the structure,
the elevation of the lowest floor including basement shall be certified by a registered
professional engineer or surveyor and provided to the Development Services Department.
(4) New construction and substantial improvement of any structure in Zone AO shall have the
lowest floor, including basement, elevated to or above the depth number specifed on the
FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall
be elevated at least 2 feet above the highest adjacent grade. Nonresidential structures
may meet the standards in subsection (d)(5). Upon completion of the structure, a
registered professional engineer shall certify that the elevation of the structure meets this
standard and such certification shall be provided to the Development Services Department.
(5) Nonresidential construction shall either be elevated in conformance with subsections (d)(3)
or (d)(4) or, together with attendant utility and sanitary facilities:
Be floodproofed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of flood water.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects on buoyancy; and
Be certified by a registered professional engineer or architect that the standards of
this subsection are satisfied. The certifications shall be provided to the
Development Services Department.
(6) For all new construction and substantial improvements, fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles, building access or storage in an
area other than a basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following minimum
criteria:
a. A minimum of 2 openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
C. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
d. Within Zones AH and AO, adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures are required.
(e) Standards for utilities.
(1) All new and replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system and discharge from systems
into floodwaters.
(2) Onsite waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(3) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facili ies shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(f) Standards for subdivisions.
(1) All preliminary subdivision proposals shall identify the flood hazard area and the elevation
of the base flood.
(2) Al final subdivision plans will provide the elevation of proposed structure(s) and pads. If
the site is filled above the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and such certification shall be provided to the
Development Services Department.
(3) All subdivision proposals shall be consistent with the need to minimize flood damage.
(4) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
(5) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage.
(g) Construction standards for manufactured homes and manufactured home parks and
subdivisions.
(1) All manufactured homes and additions to manufactured homes shall be anchored to resist
flotation, collapse, or lateral movement.
(2) For newly placed manufactured homes, new manufactured home parks or subdivisions,
expansions to existing manufactured home parks or subdivisions, and repair,
reconstruction, or improvements to existing manufactured home parks or subdivisions that
equal 50 percent or greater of the value of the streets, utilities, and pads, (before the repair,
reconstruction, or improvements commenced), the following standards shall apply:
Adequate surface drainage and access for a hauler shall be provided.
All manufactured homes shall be placed on pads or lots elevated on compacted rill
or on pilings so that the lowest floor of the manufactured home is at or above the
base flood level. If elevated on pilings, the following standards shall also apply:
The lots or pads shall be large enough to accommodate steps;
The pilings shall be placed in stable soil no more than 10 feet apart; and
iii. Reinforcement shall be provided for pilings more than 6 feet above ground
level.
(3) Written certification of compliance with the standards contained in this section shall be
provided by the installer of the manufactured home, the developer of the manufactured
home park of subdivision, or the State agency responsible for regulating placement. The
certification shall be maintained on file by the Development Services Department for flood
insurance purposes.
(4) No manufactured home shall be placed in a floodway or the FP -I District.
(h) Findings.
(1) Application for a permit maybe denied where the Planning Division is unable to find that:
a. The development will not produce a significant risk to human life in the event of
the design flood;
b. The development is designed and sited so as to offer minimal obstruction to the
flow of floodwater; and
c. The development will not create a potential hazard or otherwise adversely affect
property because of diversions, increased heights or velocities of floodwaters or
because of increased debris or otherwise adversely affect the safety, use or
stability of any public way, drainage channel or adjacent property during a flood
condition.
(2) Applicants for permits as provided for in this article shall be required to submit studies, plans
or other evidence prepared by a registered professional engineer or architect to support the
required findings necessary for approval of the permit.
Sec. 13-83. EXCEPTIONS TO DESIGNATED FLOOD HAZARD AREA
The Planning Division may determine that certain properties within a floodplain district are not required to
comply with the provisions of this article, "floodplain" district, when it can be shown that any of the following
circumstances or conditions are present:
(a) The zoning map includes property within an FP district that is found not to be within a floodplain
area due to incorrect preparation of the zoning map or to physical alteration or surrounding property
which effectively removed the subject property from the floodplain area. The Director's
determination shall be based on a study of topographic and design flood elevation contours on the
subject property, and on such additional information as is found necessary or appropriate.
(b) Flood protective or flood control work, adequate to protect against the design flood and in
compliance with County flood control and flood protective standards and policies, has been
completed. The Director's finding shall confirm that any stream, channel, storm drain or landfill
improvements fully offset flood surface elevations established by the applicable Floodplain map; and
that if the property is included on a flood insurance rate map or a flood boundary and floodway map,
all such flood protective or flood control work has been approved by the appropriate Fedeml agency
and the property removed from the floodplain designation on such maps.