Los Gatos Municipal Code Div. 5 Permits for Floodplain Development

Any person, owner, or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of this Article and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on CLOMRs issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.

(Ord. No. 2378, § II, 11-4-25)

The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:

(1) Identify and describe the development to be covered by the permit.

(2) Describe the land on which the proposed development is to be conducted by legal description, street address, or similar description that will readily identify and definitely locate the site.

(3) Indicate the use and occupancy for which the proposed development is intended.

(4) Be accompanied by a site plan and construction documents as specified in Division 6 of this Article, including grading, excavation and filling plans, and other information deemed appropriate by the Floodplain Administrator.

(5) State the valuation of the proposed work.

(6) Be signed by the applicant or the applicant's authorized agent.

(7) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with this Article.

(Ord. No. 2378, § II, 11-4-25)

The issuance of a permit for floodplain development under this Article or the Building Codes shall not be construed to be a permit for, or approval of, any violation of this Article, the Building Code, or any other ordinance of the Town. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this Article.

(Ord. No. 2378, § II, 11-4-25)

The applicant shall obtain all other required state and federal permits prior to initiating work authorized by this Article and shall provide documentation of such permits to the Floodplain Administrator. Such permits include, but are not limited to, the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

(Ord. No. 2378, § II, 11-4-25)

A permit for floodplain development shall become invalid when the proposed development is not commenced within one hundred eighty (180) days after its issuance, or when the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and FIRMs that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.

(Ord. No. 2378, § II, 11-4-25)

The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under this Article wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any ordinance or code of the Town.

(Ord. No. 2378, § II, 11-4-25)

When it is alleged there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of this Article, such decision or determination may be appealed within ten (10) days of the decision or determination to the Planning Commission by filing a written appeal with the Town Clerk setting forth the reasons of the appeal.

(Ord. No. 2378, § II, 11-4-25)