The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(a) Permit Review. Review all development permits to determine that:
(1) The permit requirements of this ordinance have been satisfied;
(2) All necessary permits 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, have been obtained;
(3) The site is reasonably safe from flooding;
(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 ordinance, "adversely affects" 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; and
(5) Sites identified on flood plain maps as subject to erosion and/or sedimentation during major floods are provided with necessary protective bank stabilization or other structural protective measures. Special engineering studies will be required to support the level of protection provided.
(b) Use of Other Base Flood Data. The Floodplain Administrator shall determine the base flood elevation or depth utilizing the County alluvial fan maps, County floodplain maps, FIRM and other information in accordance with Section 811.302. When the base flood elevation or depth cannot be determined from applicable maps, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or depth and floodway data available from a Federal, State or other source to determine the base flood elevation. The Floodplain Administrator may require an applicant for a development permit to provide analysis acceptable to the Floodplain Administrator from a licensed civil engineer or other professional qualified to make such determinations that establishes the base flood elevation or depth.
(c) Whenever a watercourse is to be altered or relocated:
(1) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation of a watercourse;
(2) Submit evidence of such notification to the Federal Emergency Management Agency when in a mapped FEMA floodplain; and
(3) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. The Watercourse Ordinance provides the basis for regulation.
(d) Whenever base flood elevation, base flood depth, and/or the floodplain boundary are or may be changed:
(1) Ensure required Conditional Letters of Map Revision are obtained from FEMA prior to the issuance of grading permits or the start of construction where a grading permit is not required; and
(2) Prior to the issuance of a certificate of occupancy or the completion of any development for which a certificate of occupancy is not required, obtain a Letter of Map Revision (LOMR) from FEMA.
(3) Within six (6) months of learning of the change, submit technical or scientific data required by FEMA to reflect the change. For changes resulting from development projects, new construction or substantial improvements, the Floodplain Administrator may seek reimbursement from the project builder or property owner of any costs incurred by the County to provide the required information.
(4) The County may allow a floodway revision to be processed if it is demonstrated that no practicable alternatives exist to revising the boundaries of the previously adopted floodway.
(e) Notify FEMA in writing whenever the boundaries of the County have been modified by annexation or other means and include a copy of a map of the area impacted clearly delineating the adjustments to the County's boundaries.
(f) Obtain and maintain for public inspection and make available as needed:
(1) All certifications required by this ordinance and those which may be required by the Floodplain Administrator; and
(2) Records of all variance actions, including justification for their issuance.
(g) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).
(h) Take action to remedy violations of this ordinance.
(i) Complete and submit Biennial Report to FEMA as required. Identify any variances granted by the Floodplain Administrator in the report.
(j) Assure County's General Plan and any applicable Specific Plans are consistent with floodplain management objectives of this ordinance.
(k) Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.
(Amended by Ord. No. 9998 (N.S.), effective 9-4-09; amended by Ord. No. 10091, effective 12-10-10; amended by Ord. No. 10631 (N.S.), effective 11-29-19; amended by Ord. No. 10920 (N.S.), effective 11-8-24)