Chapter 86.04 — FLOODPLAIN ADMINISTRATOR

(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 County Code by granting or disapproving floodplain 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 oversight of floodplain development and 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 permits for floodplain development to determine that the requirements of this Chapter 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 whether the site is reasonably safe from flooding.

(D) Ensure that 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 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 base flood elevation data has not been provided, the Floodplain Administrator shall obtain, review, and reasonably utilize any base 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

er 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. The Floodplain Administrator shall:

(A) Require applicants who propose to undertake development activities that change base flood elevations, flood hazard area boundaries, or floodway designations to provide hydrologic and hydraulic engineering analyses necessary to submit a Letter of Map Change to FEMA; such submissions shall be made within 6 months of such data becoming available.

(B) The Letter of Map Change analyses shall be prepared by a qualified California Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

(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) Determine Substantial Improvement and Substantial Damage. 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.

(7) Inspections. All development for which a floodplain development permit is required shall be subject to inspection. For buildings and structures, certification of the lowest floor elevation shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official and the Floodplain Administrator.

(8) 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).

(9) Planning. Ensure 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 base 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 base flood elevation.

(11) Prosecute Violations. Take action to prosecute violations of the flood safety provisions of this County Code as specified in Chapter 82.14 (Floodplain Safety Overlay).

(12) Maintain Certifications and Records. Obtain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations, 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 for developments within the Floodplain Overlay to include certifications for lowest floor elevation; 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. (Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)