§ 153.014 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. — Eureka Zoning Code

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:
(1) Permit requirements of this chapter 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 one foot at any point within the city; and

(5) 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.

(B) Development of substantial improvement and substantial damage procedures.

(1) The Floodplain Administrator, with the concurrence of the Public Works/Building Safety Departments, shall determine the extent of substantial damage and/or improvement to an affected structure or building. The city shall use §§ 153.027 and 153.028, the Substantial Improvement/Damage Determination sections of this chapter and any subsequent FEMA Technical Guides to determine if structural damage and /or improvements rise to the level of substantial as defined in § 153.005. The city shall, when determining the market value of a structure, shall utilize the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial deconstruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by, the Chief Building Official or designee.

(2) The Floodplain Administrator shall assure all procedures referenced in § 153.014 are coordinated with other city departments/divisions and implemented by city staff.

(1) When base flood elevation data has not been provided in accordance with § 153.007, 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 §§ 153.017 through 153.023, Provisions for Flood Hazard Reduction.

(2) A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations dated July 1995.

(D) Notification of other agencies.
(1) 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 Emergency Management Agency; 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:

(1) Within six 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).

(2) (a) 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.

(b) 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 § 153.017(C)(1) and § 153.020 (lowest floor elevations);
(2) Certification required by § 153.017(C)(2) (elevation or floodproofing of nonresidential structures);
(3) Certification required by § 153.017(C)(3) (wet floodproofing standard);
(4) Certification of elevation required by § 153.019(A)(3) (subdivisions and other proposed development standards);
(5) Certification required by § 153.022(B) (floodway encroachments);
(6) Information required by § 153.023(F) (coastal construction standards); and
(7) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the city's biennial report submitted to the Federal Emergency Management Agency.
(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 § 153.016.
(G) Remedial action. Take action to remedy violations of this chapter as specified in § 153.008.
(H) Biennial report. Complete and submit Biennial Report to FEMA.
(I) Planning. Assure community's General Plan is consistent with floodplain management objectives herein.
(Ord. 767-C.S., passed 4-19-11)