1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; and

2. All other required state and federal permits have been obtained; and

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. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the city of Bakersfield; and

5. 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.

1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

2. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure;

3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage;

4. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage;

5. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop further detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value”; and

6. Assure procedures are coordinated with other departments/divisions and implemented by community staff.

1. Alteration or relocation of a watercourse:

2. Base flood elevation changes due to physical alterations:

1. Certification required by Sections 15.74.120(C)(1) and 15.74.150 (lowest floor elevations);

2. Certification required by Section 15.74.120(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Section 15.74.120(C)(3) (wet floodproofing standard);

4. Certification of elevation required by Section 15.74.150 (subdivisions and other proposed development standards);

5. Certification required by Section 15.74.170 (floodway encroachments); and

6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued to the Federal Emergency Management Agency.