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(a) Appointment of Floodplain Administrator. The Director of Public Works is hereby appointed as the Floodplain Administrator to administer and implement the flood management provisions of this Development Code by making recommendations for granting or disapproving development permits in compliance with its provisions.
(b) Coordination in Performance of Duties. The Floodplain Administrator, or an appropriate designee, shall work in close coordination with the Director in the performance of the Administrator’s designated duties.
(c) Duties and Responsibilities. The duties and responsibilities of the Floodplain Administrator, or an appropriate designee, shall include all of the following.
(1) Permit Review.
(A) Review all development permits to determine that the permit requirements of this Development Code have been satisfied, including determination of substantial improvement and substantial damage of existing structures.
(B) Require that all other required Federal and State approvals and permits be obtained.
(C) Determine if the site is reasonably safe from flooding.
(D) Ensure that the proposed development does not adversely affect the carrying capacity of areas where area 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 County.
(E) Ensure that 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.
(2) Use of Other Base Flood Data. When area flood elevation data has not been provided, the Floodplain Administrator shall obtain, review, and reasonably utilize any area flood elevation and floodway data available from Federal, State, or other sources, in order to administer the development standards and provisions established by the Floodplain Safety Overlay.
(3) Alteration or Relocation of Watercourses. Whenever a watercourse is to be altered or relocated and is within a Floodplain Safety Overlay, or within an area identified as subject to flooding in any County approved Flood Hazard Study, the Floodplain Administrator, or an appropriate designee, shall:
(A) Provide Proper Notification. Notify adjacent communities and the California Department of Water Resources before the alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Insurance Administration. The responsibility of providing the notification shall rest with the Department for development projects and the Flood Control District for their respective projects; and
(B) Require that Flood-Carrying Capacity is Maintained. Require that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained.
(4) Base Flood Elevation Changes Due to Physical Alterations. Whenever an area flood elevation is changed due to physical alterations, the Floodplain Administrator shall:
(A) Submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR) within six months of information becoming available or project completion, whichever comes first; and
(B) Ensure that all 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.
(5) Changes in Corporate 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 community clearly delineating the new corporate limits.
(6) Maintain Certifications. Obtain and maintain for public inspection and make available the certifications required for developments within the Floodplain Overlay to include certifications for lowest floor elevations. This may be delegated to the Building Official.
(7) Interpret Exact Location of Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary may appeal the interpretation in compliance with Chapter 86.07 (Public Hearings).
(8) Biennial Report. Complete and submit a Biennial Report to FEMA.
(9) Planning. Assure that the County’s General Plan is consistent with floodplain management objectives.
(10) Non-Conversion of Enclosed Areas below the Lowest Floor. Ensure that the areas below the area flood elevation are used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain development standards in effect at the time of conversion by:
(A) Determining which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;
(B) Entering into a “Non-Conversion Agreement for Construction within Flood Hazard Area” or equivalent with the property owner who has such a structure. The agreement shall be recorded with the County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel; and
(C) Inspecting any area of a structure below the area flood elevation to ensure compliance upon prior notice of at least 72 hours.
(11) Record of Exceptions. Maintain a record of all exceptions (exemptions or modifications) granted, including justification for their issuance, and report such exceptions issued in its biennial report submitted to the FEMA.
(12) Prosecute Violations. Take action to prosecute violations of the flood safety provisions of this Development Code as specified in Chapter 82.14 (Floodplain Safety Overlay).
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012)