15.18.040 Administration.
A. Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Larkspur Municipal Code Section 15.18.030(B). 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.
1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; or
2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in Larkspur Municipal Code Section 15.18.050(A)(3); and
3. All appropriate certifications listed in subsection (C)(4) of this section; and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
B. Designation of the Floodplain Administrator. The Chief Building Official is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but not be limited to the following:
1. Permit Review. Review all development permits to determine that:
a. Permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been obtained;
c. The site is reasonably safe from flooding; and
d. 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 chapter, “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 (1) foot at any point.
2. Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Larkspur Municipal Code Section 15.18.030(B), 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 Larkspur Municipal Code Section 15.18.050. Any such information shall be submitted to the City Council for adoption.
3. Notification of Other Agencies. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Insurance Administration and Federal Emergency Management Agency; and
c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.
4. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
a. Certification required by Larkspur Municipal Code Section 15.18.050(A)(3)(a) (floor elevations);
b. Certification required by Larkspur Municipal Code Section 15.18.050(A)(3)(b) (elevation or floodproofing of nonresidential structures);
c. Certification required by Larkspur Municipal Code Section 15.18.050(A)(3)(c) (wet floodproofing standard);
d. Certification of elevation required by Larkspur Municipal Code Section 15.18.050(C)(2) (subdivision standards);
e. Certification required by Larkspur Municipal Code Section 15.18.050(F)(1) (floodway encroachments); and
f. Information required by Larkspur Municipal Code Section 15.18.050(G)(6) (coastal construction standards).
5. Map Determinations. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard; for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Larkspur Municipal Code Section 15.18.060.
6. Letters of Map Revision. All letters of map revision (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.
7. Base Flood Elevation Changes Due to Physical Alterations. Within six (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 LOMR. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on CLOMRs. Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
a. 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.
b. Changes in Corporate (City) 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 City clearly delineating the new corporate limits.
8. Development of Substantial Improvement and Substantial Damage Procedures. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value.” Assure procedures are coordinated with other departments/divisions and implemented by City staff.
9. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Larkspur Municipal Code Section 15.18.030(B), 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 Larkspur Municipal Code Section 15.18.050. Note: A base flood elevation may be obtained using one (1) of two (2) methods from the FEMA publication FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-Year) Flood Elevations,” dated July 1995.
10. Remedial Action. Take action to remedy violations of this chapter as specified in Larkspur Municipal Code Section 15.18.030(C).
D. Appeals. The City Council of the City of Larkspur 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 chapter. (Ord. 1069 § 5, 2023; Ord. 976 § 10, 2011; Ord. 845 § 1 (part), 1993)