HomeMy WebLinkAboutORD 1228ORDINANCE NO. 1228
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING SECTIONS 28.06.020 AND
28.08.030 OF TITLE 28 — FLOOD DAMAGE PREVENTION, OF THE
PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NO. 985)
RELATIVE TO THE STATE OF CALIFORNIA DEPARTMENT OF
WATER RESOURCES REQUIREMENTS
WHEREAS, the City Council adopted Ordinance No. 985 on April 26, 2001,
establishing floodplain management regulations; and
WHEREAS, the State of California Department of Water Resources has
requested updates to the City's Floodplain Ordinance No. 985 (Title 28) in order to meet
the minimum National Flood Insurance Program requirements pursuant to Title 44,
Code of Federal Regulations, Sections 59, 60.3-60.6, and 65.3; and
WHEREAS, the adoption of an amended floodplain management ordinance is a
prerequisite for continued participation in the National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm,
California, that the following sections of the Palm Desert Municipal Code are hereby
amended as follows. -
Title 28 — Flood Damage Prevention
Section 1. Chapter 28.06 General Provisions
"Section 28.06.020 Basis for establishing the areas of
special flood hazard.
The areas of special flood hazard identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency
(FEMA) in the Flood Insurance Study (FIS) dated August 28, 2008 and
accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary
and Floodway Maps (FBFMs), dated August 28, 2008, and all subsequent
amendments and/or revisions, are adopted by reference and declared to
be a part of this title. This FIS and attendant mapping is the minimum area
of applicability of this title and may be supplemented by studies for other
areas which allow implementation of this title and which are recommended
to the city council by the floodplain administrator. The study, FIRMs and
FBFMs are on file at the public works department, Palm Desert Civic
Center, 73-510 Fred Waring Drive, Palm Desert, California."
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ORDINANCE NO. 1228
Section 2. Chapter 28.08 Administration
"Section 28.08.030 Duties and responsibilities of the floodplain
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. Permit requirements of this title 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 title. "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.
When base flood elevation data has not been provided in
accordance with Section 28.06.020, 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 28.10. 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 28.10:
a. Simplified method:
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ORDINANCE NO. 1228
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:
One hundred -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. 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.
D. Base Flood Elevation changes due to physical alterations. -
Within 6 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).
2. All LOMR's 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
(CLOMR's). Approved CLOMR's allow construction of the
proposed flood control project and land preparation as
specified in the "start of construction" definition.
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E. Documentation of Floodplain Development. Obtain and maintain
for public inspection and make available, as needed the following: - -
1. Certification required by Sections 28.10.010(C)(1) and
28.10.040,
2 Certification required by Section 28.10.010(C)(2),
3. Certification required by Section 28.10.010(C)(3),
4. Certification of elevation required by Section 28.10.030(B),
5. Certification required by Section 28.10.060(A),
7. Reports required by Section 28.10.080(C).
F. 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. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Chapter 28.12.
G. Remedial Action. Take action to remedy violations of this title as
specified in Section 28.06.030."
The foregoing ordinance was approved and adopted at a regular meeting of the
Palm Desert City Council held on this 13th day of October, 2011, by the following vote,
to wit:
AYES: FINERTY, HARNIK, KROONEN, SPIEGEL, and BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JEAN M. BENS , M Y R
ATTEST:
R CHELLE D. KLASS N, CITY CL K
CITY OF PALM DESERT, CALIFORNIA
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