Colusa County Zoning Code § 39.04 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 section 39.03(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 - in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

2.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in section 39.05(a)(3)(b); and

3.

All appropriate certifications listed in section 39.04(c)(4) of this ordinance; and

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(b)

Designation of floodplain administrator. The city manager or his or her designee shall serve as city's floodplain administrator and shall administer, implement, and enforce this ordinance 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 ordinance have been satisfied.

b.

All other required state and federal permits have been obtained.

c.

The site is reasonably safe from flooding.

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 ordinance, "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 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 section 39.03(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 section 39.05. 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.

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 section 39.05(a)(3)(a) (lowest floor elevations).

b.

Certification required by section 39.05(a)(3)(b) (elevation or floodproofing of nonresidential structures).

c.

Certification required by section 39.05(a)(3)(c) (engineered foundation openings).

d.

Certification of elevation required by section 39.05(c) (subdivision standards).

e.

Certification required by section 39.05(f) (floodway encroachments).

5.

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

a.

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.

b.

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.

c.

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

d.

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.

6.

Map determinations. Make interpretations where needed, as to the location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field condition, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 39.06.

7.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available. The analyses shall be prepared by a qualified registered professional engineer in a format required by FEMA.

8.

Remedial Action. Take action to remedy violations of this ordinance as specified in section 39.03(c) or other applicable law.

(Ord. No. 563, § 1, 2, 12-19-2023)