Article 4 — Administration

The Director of the Yolo County Community Services Department, or their designee, is hereby appointed as the Floodplain Administrator and shall administer, implement and enforce this chapter by granting or denying development permits in accordance with these provisions.

(Ord. 1445, eff. August 14, 2014; as amended by Ord. 1500, eff. July 26, 2018)

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 that:

• (1) The permit requirements of this chapter have been satisfied;

• (2) All other required State and Federal permits have been obtained;

• (3) The site is reasonably safe from flooding; and

(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. For purposes of this chapter, “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 (1) foot at any point; and

(5) All Letters of Map Revision (LOMR’s) 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 (CLOMR’s). Approved CLOMR’s 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) Using 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 any other base flood data. When base flood elevation data has not been provided in accordance with Section 8-4.302 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 Article 5 of this chapter.

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:

• (i) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation;

• (ii) Submit evidence of such notification to the Federal Emergency Management Agency; and

• (iii) Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

• (2) Base Flood Elevation changes due to physical alterations:

• (i) Within six (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).

(ii) All LOMR’s 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 (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 for the following:

• (1) The certification required in Section 8-4.501(c)(1) and Section 8-4.504 (lowest floor elevations);

• (2) The certification required in Section 8-4.501(c)(2) (elevation or floodproofing of nonresidential structures);

• (3) The certification required in Section 8-4.501(c)(3) (wet floodproofing standard);

• (4) The certification required in Section 8-4.503(a)(3) (subdivisions and other proposed development standards);

• (5) The certification required in Section 8-4.506(b) (floodway encroachments)

• (6) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

• (f) Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, 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 8-4.404 of this chapter.

• (g) Remedial action. Take action to remedy violations of this chapter as specified in Section 8-4.303 (Compliance).

• (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. 1445, eff. August 14, 2014; as amended by Ord. 681.229, eff. October 29, 2015; as amended by Ord. 1500, eff. July 26, 2018)

A Development Permit shall be obtained before any construction or other development begins within any area of special flood hazards established in Section 8-4.302. Application for a Development Permit shall be made on forms furnished by Yolo County. 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 8-4.302 or Section 8-4.402(c);

• (6) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

• (7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 8-4.501(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 Section 8-4.501(c)(2).

• (c) For a crawl-space foundation, location and total net area of foundation openings as required in Section 8-

• 4.501(c)(3) of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 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 Section 8-4.402(e) of this chapter.

• (Ord. 1500, eff. July 26, 2018)

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)

(a) Floodplain Administrator appeals. The action of the Floodplain Administrator on any decision made pursuant to this chapter shall be final unless, within fifteen (15) days after such action, any person with appropriate legal standing files a written appeal, and pays the appropriate fee, to the Clerk of the Planning Commission. The Planning Commission of Yolo County shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. The timely filing of an appeal shall stay the Floodplain Administrator’s decision, which shall serve as a recommendation to the Planning Commission. All such appeals shall reference the decision of the Floodplain Administrator and shall specifically describe the grounds for the appeal.

(b) Planning Commission hearing. The hearing on an appeal of a decision by the Floodplain Administrator shall be scheduled within sixty (60) days from when the appeal was filed. The Floodplain Administrator shall provide written notice of the time, date, and place of the appeal hearing to the applicant and the appellant not later than ten (10) days preceding the appeal hearing. Upon hearing the appeal, the Commission shall affirm, reverse, or modify the appealed decision, or refer the matter back to the Floodplain Administrator for further action.

(c) Planning Commission appeals. The action of the Commission on any decision made pursuant to this chapter shall be final unless, within fifteen (15) days after such action, any person with appropriate legal standing files a written appeal, and pays the appropriate fee, to the Clerk of the Board of Supervisors. The timely filing of an appeal shall stay the Planning Commission’s decision, which shall serve as a recommendation to the Board of Supervisors. All such appeals shall reference the decision of the Planning Commission and shall specifically describe the grounds for the appeals.

(d) Board of Supervisors hearing. The hearing on an appeal of a decision shall be scheduled within sixty (60) days from when the appeal was filed. The clerk of the Board shall provide written notice of the time, date and place of the appeal hearing to the applicant and the appellant not later than ten (10) days preceding the appeal hearing. Upon hearing the appeal, the Board of Supervisors shall either affirm, reverse, or modify the appealed decision, or refer the matter back to the Planning Commission for further action.

appeal was filed. The clerk of the Board shall provide written notice of the time, date and place of the appeal hearing to the applicant and the appellant not later than ten (10) days preceding the appeal hearing. Upon hearing the appeal, the Board of Supervisors shall either affirm, reverse, or modify the appealed decision, or refer the matter back to the Planning Commission for further action.

(e) Notices. Any notice authorized or required by this chapter shall be deemed to have been filed, served, and effective for all purposes on the date when it is personally delivered in writing to the party to whom it is directed or deposited in the U.S. Mail, first class postage prepaid. Whenever a provision in this chapter requires a public hearing to be conducted, notice of the time, date, place, and purpose of the hearing shall be published at least once not later than ten (10) calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation which is published within the County.

(Ord. 1445, eff. August 14, 2014; as amended by Ord. 1500, eff. July 26, 2018)

(a) Violation of any of the provisions in this chapter shall constitute a misdemeanor and may be subject to fines in accordance with Title 1 of the County Code.

(b) Written notice of violation shall be provided to any person who fails to comply with the provisions of this chapter or an approved Development Permit. The violation notice shall specifically describe both the nature of the violation and the remedial steps required for compliance. Failure to comply with the notice of violation shall be considered a public nuisance and shall constitute a misdemeanor. Violations may be remedied by injunction or other civil proceeding commenced in the name of the County pursuant to direction by the Board of Supervisors.

(c) Any Development Permit issued pursuant to this ordinance may be suspended during its term upon one or more of the following grounds:

(1) The physical state of the property differs from the descriptions, plans or information furnished to the Floodplain Administrator in the permit application;

(2) The development does not conform to the conditions or terms of the permit;

(3) The development is in violation of this ordinance, other County ordinances, or state or federal laws.

(d) The Floodplain Administrator may suspend or revoke a Development Permit by issuing a notice of suspension or revocation, stating the reasons therefor, and serving same, upon the permittee. Upon suspension or revocation of a permit, in accordance with the provisions of this section, the permittee shall immediately cause all development to cease until written authorization is received from the Floodplain Administrator to proceed with the development.

(e) The permittee shall have fifteen (15) calendar days after the date of service of the suspension or revocation in which to file an appeal in accordance with the provisions of Section 8-4.405. If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the Board of Supervisors.

(f) If the Floodplain Administrator suspends a permit, such permit may either be reinstated or revoked by the Floodplain Administrator, depending upon whether the permittee corrects the grounds stated for the suspension in the notice issued by the Director. If the permittee fails to remedy the grounds for suspension within a time period specified

by the Floodplain Administrator, but in no event later than sixty (60) calendar days, the Floodplain Administrator shall revoke the permit.

(Ord. 1445, eff. August 14, 2014; as amended by Ord. 1500, eff. July 26, 2018)