Concord Municipal Code Art. III Administration

The City Engineer is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions.

(Code 2002, § 34-71. Ord. No. 10-1)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(a) Permit Review. Review all development permits to determine whether:

(1) Permit requirements of this ordinance have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

(2) All other required state and federal permits 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. 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 1 foot at any point within the city;

(5) All Letters of Map Revision (LOMR’s) for flood control projects are approved prior to the issuance of building permits. Building Permits shall not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition; and

(6) The proposed development complies with Title 16 of this code, Stormwater Management, regarding the threshold for which the flood discharge exiting the development after construction is equal to, or less than, the flood discharge at the location prior to development, based upon the requirements set forth in the city’s NPDES permit.

(b) Development of Substantial Improvement and Substantial Damage Procedures.

(1) Use FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “Market Value.”

(2) Assure procedures are coordinated with other departments/divisions and implemented by community staff.

(c) Review, Use and Development of Other Base Flood Data.

(1) Use of elevation data. When base flood elevation data is not provided in the flood insurance study or the FIRM, the city shall obtain, review, and reasonably utilize the best flood base data available from a Federal or State Agency or any other source, or private engineering reports, in order to administer the terms of this chapter and to provide estimated base flood elevations.

(d) Notification of other agencies.

(1) Alteration or relocation of a watercourse.

a. Notify adjacent communities and any other applicable local, State and Federal Agencies and the California Department of Water Resources prior to alteration or relocation;

b. Submit evidence of such notification to FEMA; and

c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

(2) Base Flood Elevation changes due to physical alterations.

a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building Permits shall not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

(3) 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.

(e) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(1) Certification required by subsection 15.75.170(c)(1) and section 15.75.200 (lowest floor elevations);

(2) Certification required by subsection 15.75.170(c)(2) (elevation or floodproofing of nonresidential structures);

(3) Certification required by subsection 15.75.170(c)(3) (wet floodproofing standard);

(4) Certification of elevation required by subsection 15.75.190(a)(3) (subdivisions and other proposed development standards);

(5) Certification required by subsection 15.75.210(b) (floodway encroachments); and

(6) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to FEMA.

(f) Map Determination. Make interpretations where needed, as to the exact 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 conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 15.75.160.

(g) Remedial Action. Take action to remedy violations of this chapter as specified in section 15.75.080.

(h) Biennial Report. Complete and submit Biennial Report to FEMA.

(i) Planning. Assure community’s General Plan is consistent with floodplain management objectives herein.

(j) Non-conversion of Enclosed Area Below the Lowest Floor. To ensure that the areas below the BFE shall be 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 management ordinance in effect at the time of conversion, the Floodplain Administrator shall:

(1) Determine which applicants for new construction and/or substantial improvements have fully enclosed areas 5 feet or more below the lowest floor;

(2) Enter into a “Declaration of Land Restriction” or equivalent with the city. The agreement shall be signed by the applicant at the issuance of the Building Permit. The agreement shall be recorded with the Contra Costa County Recorder as a deed restriction prior to the project receiving its final inspection. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator; and

(3) Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours.

(Code 2002, § 34-72. Ord. No. 10-1)

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in section 15.75.070. Application for a development permit shall be made on forms furnished by the city. The applicant shall provide the following minimum information:

(a) Plans in duplicate, drawn to scale, showing:

(1) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

(2) Proposed locations of water supply, sanitary sewer, and other utilities;

(3) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

(4) Location of the regulatory floodway when applicable;

(5) Base flood elevation information as specified in section 15.75.070 or subsection 15.75.140(c);

(6) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in flood hazard zone AO, elevation of existing grade and proposed elevation of lowest floor of all structures; and

(7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection 15.75.170(c)(2) of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.

(b) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in subsection 15.75.170(c)(2).

(c) For a crawl-space foundation, location and total net area of foundation openings as required in subsection 15.75.170(c)(4) of this ordinance and detailed in FEMA Technical Bulletins TB 1-08 and TB 7-93.

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

(e) All appropriate certifications listed in subsection 15.75.140(e) of this ordinance.

(f) Such other information as the city may require.

(Code 2002, § 34-73. Ord. No. 10-1)

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. Appeals shall be filed in accordance with Section 2.05.040.

(Code 2002, § 34-74. Ord. No. 10-1)