Mountain View Municipal Code Div. 1 Permit Requirement

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 Chapter and all other applicable codes and regulations have been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision 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. 6.2025, § 2, 9/9/25.)

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

a. Identify and describe the development to be covered by the permit.

b. 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.

c. Indicate the use and occupancy for which the proposed development is intended.

d. Be accompanied by a site plan and construction documents as specified in Division 2 of this Article, including grading, excavation and filling plans and other information deemed appropriate by the floodplain administrator.

e. State the valuation of the proposed work.

f. Be signed by the applicant or the applicant's authorized agent.

g. Include such other data and information required by the floodplain administrator to demonstrate compliance with this Chapter and related regulations.

(Ord. No. 6.2025, § 2, 9/9/25.)

The issuance of a permit for floodplain development under this Chapter or the building codes shall not be construed to be a permit for, or approval of, any violation of this Chapter, the building code or any other ordinance of the City of Mountain View. 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 Chapter.

(Ord. No. 6.2025, § 2, 9/9/25.)

The applicant shall obtain all other required state and federal permits prior to initiating work authorized pursuant to this Chapter and shall provide documentation of such permits to the floodplain administrator. Such permits include, but are not limited to:

a. California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).

b. 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 pursuant to Section 404 of the Clean Water Act.

(Ord. No. 6.2025, § 2, 9/9/25.)

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 (1) 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 Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones or base flood elevations, in which case the permit is invalid.

(Ord. No. 6.2025, § 2, 9/9/25.)

The floodplain administrator is authorized to suspend or revoke a permit for floodplain development issued under this Chapter when the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this Chapter or any other ordinance or code of the City of Mountain View.

(Ord. No. 6.2025, § 2, 9/9/25.)

The City Council shall hear and decide appeals 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 Chapter. All such appeals shall be filed with the city clerk within fifteen (15) calendar days after the date of the floodplain administrator's decision or determination. Within ninety (90) calendar days after the written appeal is filed, the appeal shall be heard by the city council. The decision of the city council shall be final.

(Ord. No. 6.2025, § 2, 9/9/25.)