§ 1500-25-025. Development in Flood Hazard Areas

All actions involving Zoning Clearance and Administrative Permits, Design Reviews and Minor Design Reviews, Use Permits and Use Permit Amendments, Zoning Code Amendments, General Plan Amendments, Specific Plans, and Development Agreements shall be required to make a flood protection finding in either subsection A or B, depending on location. The inability to make one of the findings is grounds for denial of an application:

A.

Urban Level of Flood Protection Finding. A ULOP finding is required when all of the following four location conditions are met:

1.

It is located within an urban area with 10,000 residents or more, or an urbanizing area that is planned or anticipated to have 10,000 residents or more within the next 10 years (as defined in California Government Code section 65007);

2.

It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official Flood Insurance Rate Map (FIRM) for the National Flood Insurance Program (NFIP);

3.

It is located within an area of potential flooding depth above 3.0 feet from sources of flooding other than local conditions that may occur anywhere in a community; and

4.

It is located within a watershed with a contributing area of 10 or fewer square miles, as determined by the County.

If all four of the conditions are met, the Approving Authority shall make one of the following findings related to an urban level of flood protection:

• The facilities of the State Plan of Flood Control or other flood management facilities provide the required urban level of flood protection to the property, development project or subdivision.

• The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the required urban level of flood protection.

• The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas, to be achieved by 2025.

• The property in an undetermined risk area has met the urban level of flood protection.

B.

National FEMA Standard of Flood Protection Finding. A national FEMA standard of flood protection finding is required when both of the following location conditions are met:

1.

It is located outside of an urban area or urbanizing area; and

2.

It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official FIRM for the NFIP.

If both of the conditions are met, the Approving Authority shall make one of the following findings related to the national FEMA standard of flood protection:

• The facilities of the State Plan of Flood Control or other flood management facilities provide the national FEMA standard of flood protection to the property, development project or subdivision.

• The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the national FEMA standard of flood protection.

• The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the national FEMA standard of flood protection.

(Ord. No. 1629, § 4, 12-6-2016)