The provisions of this section shall only apply to construction or development within any area of special flood hazard that occurs within the boundaries of the Cache Creek Resources Management Plan (CCRMP). The provisions of this section shall be followed in addition to any other regulations of this chapter applied to the Flood Hazard Development Permit.
(a) Administration. The Director as defined in Section 10-3.204 may be the designee for the Floodplain Administrator, for consideration of Flood Hazard Development Permits within the boundaries of the CCRMP.
(b) Permit review. All Flood Hazard Development Permit applications shall be submitted to the Director for review. The Director shall solicit the recommendations of the Technical Advisory Committee regarding the proposed Flood Hazard Development Permit for consideration by the Floodplain Administrator, or designee. Applications for Flood Hazard Development Permits shall include, but shall not be limited to, the following:
(1) A description of the potential effects of the proposed project on hydraulic conditions upstream and downstream of the proposed channel modifications; and
(2) A chemical spill prevention and emergency plan (or its equivalent) filed and approved by the appropriate lead agency for all long-term projects that involve the use of heavy equipment.
(c) Findings. A Flood Hazard Development Permit may be approved pursuant to this section only if all of the following findings are made:
(1) That the proposed channel modification is consistent with any County-administered general permits from agencies of jurisdiction (e.g. California Department of Fish and Wildlife, U.S. Army Corps of Engineers, Regional Water Quality Control Board); or alternatively, that all other State and Federal permits have been obtained;
(2) That any sand and gravel removed from the channel as a result of the proposed modification is necessary for one or more of the following reasons:
(i) To maintain flood flow capacity,
(ii) To protect existing structures, infrastructure, and/or farmland,
(iii) To minimize bank erosion, and
(iv) To implement the Channel Form Template;
(3) That the proposed channel modification will protect sensitive biological resources;
(4) That the proposed channel modification is consistent with the requirements of both the CCRMP, the Cache Creek Improvements Program, and Title 10, Chapter 3 of the County Code entitled Cache Creek Area Plan In-Channel Ordinance; and
(5) That existing flooding problems are not exacerbated by the proposed channel modification.
(d) Permit conditions. Documentation shall be submitted, once the project has been completed, to provide a record of as-built conditions.
(Ord. 1445, eff. August 14, 2014; as amended by Ord. 1500, eff. July 26, 2018; as amended by Ord. 1518, eff. February 13, 2020)