Napa County Municipal Code Art. III Administration and Permit Procedures

A. The area of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study, Napa County (FIS) already approved and finalized by FEMA with an effective date of August 3, 2016 is hereby adopted by reference and declared to be a part of this chapter. In addition, the accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) with a Map Index dated August 3, 2016, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The study, FIRMs, and FBFMs are maintained and on file at the office of the department of planning, building and environmental services of the county, in the city of Napa, California and shall be maintained there for reference and inspection during working hours.

B. This flood insurance study and attendant mapping is the minimum area of applicability of this chapter, and may be supplemented by studies for other areas which will allow implementation of this chapter and which are recommended to the board by the floodplain administrator.

(Ord. 1307 § 1 (part), 2008)

(Ord. No. 1348, § 1, 10-5-2010; Ord. No. 1379, § 79, 1-29-2013; Ord. No. 1413, § 1, 6-7-2016)

This chapter shall apply to all special flood hazard areas shown on FIRM and flood boundary and floodway maps within the unincorporated portions of the county. The jurisdictional limits of the regulation of riparian zones are as follows:

1. American Canyon Creek, Napa River to Interstate 80 Freeway;

2. Bale Slough, from Napa River to Whitehall Lane;

3. Bell Creek, Napa River to Bell Canyon Dam;

4. Blossom Creek, Napa River to Highway 128 approximately three thousand nine hundred feet northwest of Bennett Lane;

5. Browns Valley Creek, from its confluence with Napa Creek to flow line elevation 200 MSL;

6. Burton Creek, from its confluence with Maxwell Creek to road culvert at Barnett Road;

7. Butts Creek, Lake Berryessa at elevation 400 MSL to the Napa-Lake County Line;

8. Camille Creek, from its confluence with Tulocay Creek to Lake Camille;

9. Capell Creek, from Lake Berryessa at elevation 440 MSL to Monticello Road at elevation 800 MSL ±;

10. Carneros Creek, Napa River to elevation 460 MSL ±;

11. Congress Valley Creek, Napa River to road culvert at the intersection of Buhman Avenue and Congress Valley Road;

12. Conn Creek, from Napa River to gauging station one thousand three hundred feet east of the intersection of Highway 128 and Silverado Trail;

13. Cyrus Creek, Napa River to Fiege Reservoir;

14. Dry Creek, Napa River west to reservoir gauging station;

15. Dutch Henry Creek, from Napa River to confluence with Biter Creek;

16. Eitcuera Creek, from Lake Berryessa at elevation 440 MSL to its confluence with Knoxville Creek;

17. Fagan Creek, Napa River to concrete culvert at Highway 12 near Lynch Road;

18. Garnett Creek, Napa River to Highway 29;

19. Hagen Creek, from its confluence with Sarco Creek to flow line elevation 300 MSL;

20. Hardin Creek, from its confluence with Maxwell Creek to elevation 800 MSL;

21. Hardman Creek, from its confluence with Milliken Creek to flow line elevation 800 MSL;

22. Hopper Creek, from its confluence with Dry Creek to farm pond at elevation 300 MSL ±;

23. Huichica Creek, from Napa River delta to Highway 12;

24. Kreuse Creek, from its confluence with Tulocay Creek to a road culvert at the point where Kreuse Creek is crossed by Fourth Avenue;

25. Maxwell Creek, from its confluence with Pope Creek to farm reservoir at elevation 920 MSL ±;

26. Mill Creek, from Napa River to Highway 29;

27. Milliken Creek, Napa River to Westgate Drive;

28. Napa Creek, from Napa River to its confluence with Browns Valley and Redwood Creeks;

29. Napa River, Napa-Solano line to Kimball Reservoir;

30. Nash Creek, from Napa River to Highway 29;

31. Overflow Channel east of Big Ranch Road, from its confluence with Salvador Outfall north to flow line elevation 40 MSL;

32. Pope Creek, from Lake Berryessa at elevation 440 MSL to its confluence with James Creek;

33. Putah Creek, from Lake Berryessa at elevation 440 MSL to Napa County line;

34. Rector Creek, from its confluence with Conn Creek to Rector Dam;

35. Redwood Creek, from its confluence with Napa Creek to road culvert on Redwood Creek two thousand feet east of the intersection with Redwood Road and Mt. Veeder Road;

36. Ritchie Creek, from Napa River to Highway 29;

37. Salvador Outfall Channel and Salvador Collector, Napa River west to Dry Creek Road;

38. Sarco Creek, from its confluence with Milliken Creek to flow line elevation 200 MSL;

39. Sheehy Creek, Napa River to flow line elevation 100 MSL approximately two thousand six hundred feet due east of Kelly Road;

40. Simmons Creek, from Napa River to flow line elevation 400 MSL;

41. Soda Creek, from Napa River to Loma Vista Drive;

42. Soscol Creek, Napa River to elevation 140 MSL;

43. Suisun Creek, Napa-Solano County line to Lake Curry;

44. Terry Slough, from Napa River to Hopper Creek;

45. Tulocay Creek, Napa River to its confluence with Murphy Creek approximately eight hundred feet east of Fourth Avenue;

46. Wooden Valley Creek, from its confluence with Suisun Creek to elevation 700 MSL about four thousand four hundred feet north of Wooden Valley School.

(Ord. 1307 § 1 (part), 2008)

The floodplain administrator may issue permits for specific uses when requested and duly processed in accord with procedures set forth in Article III of this chapter.

(Ord. 1307 § 1 (part), 2008)

A. The floodplain administrator shall verify and record the actual elevation, in relation to MSL, of the lowest floor, including basements, of all new or substantially improved structures within the special flood hazard areas and maintain the certifications required by this chapter.

B. The floodplain administrator shall maintain the records of all appeal actions, and report any variances to the Federal Insurance Administration upon its request.

C. The floodplain administrator shall review all applications for a floodplain permit to assure that all necessary permits have been received from those governmental agencies for which approval is required by federal or state law.

D. All records pertaining to the provisions of this chapter shall be maintained as public records.

(Ord. 1307 § 1 (part), 2008)

A. When base flood elevation data has not been provided in accordance with Section 16.04.500, 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 sources considered reliable by the floodplain administrator, in order to administer this chapter.

B. When no base flood elevation data is available, the floodplain administrator may, at his discretion, require the permittee to supply this information pursuant to Section 16.04.580 or obtain a base flood elevation using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (One-Hundred-Year) Flood Elevations," dated July 1995, as described below:

1. Simplified Method:

a. One-hundred-year or base discharge shall be obtained using the appropriate regression equation found in the U.S. Geological Survey publication, or the discharge drainage area method; and

b. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA.

2. Detailed Method:

a. One-hundred-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

b. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

C. When no base flood elevation data is available, the floodplain administrator may use other information to assume a base flood elevation if the following subsections (1) and (2) of this section exist:

1. The floodplain administrator finds that the flooding occurs in an area of shallow flooding; and

2. In no case shall the base flood elevation be less than one foot above the highest adjacent grade.

(Ord. 1307 § 1 (part), 2008)

A. Alterations or relocations of a watercourse:

1. The floodplain administrator shall notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a channel of a watercourse;

2. The floodplain administrator shall submit copies of such notification to the Federal Insurance Administration; and

3. The floodplain administrator shall assure that the flood carrying capacity within the altered or relocated portion of said watercourse shall be maintained.

B. 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. 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.

C. The floodplain administrator shall notify FEMA in writing whenever the corporate boundaries of municipalities within the county have been modified by annexation or other means and include a copy of a map clearly delineating the new corporate limits. This subsection shall only apply when such modification involves lands within the floodplain.

(Ord. 1307 § 1 (part), 2008)

A. No person shall perform any of the following acts, nor otherwise alter the hydraulic characteristics of a special flood hazard area without first having obtained a floodplain permit pursuant to this chapter:

1. Deposit or remove any material within a special flood hazard area;

2. Excavate within a special flood hazard area;

3. Construct, install, alter or remove any structure or facility within, upon or across a special flood hazard area; or

4. Alter any embankment within a special flood hazard area.

B. A separate permit must be obtained for each activity, if all activities will not be performed on the same parcel at the same time.

C. The areas designated as floodways are located within special flood hazard areas established in Section 16.04.500. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, no application for a permit shall be approved, and no permit shall be issued, if the floodplain administrator finds and determines that the proposed work falls into any of the following situations:

1. The work is located within a defined floodway; except that this prohibition shall not apply if subsection (C)(1)(a) or (C)(1)(b) of this section exists:

a. The work is performed entirely within the footprint of an existing structure and does not result in any increase in the base flood elevation, or

b. A registered engineer or architect has provided a certification that demonstrates to the satisfaction of the floodplain administrator that the proposed activity shall not result in any increase in the base flood elevation,

c. If subsections (C)(1)(a) or (C)(1)(b) of this section are satisfied, all proposed new construction and substantial improvements shall comply with all other applicable provisions of this chapter;

2. The work increases the base flood elevation by more than one foot where base flood elevations have been determined but a regulatory floodway has not been designated; or

3. The work is not in conformance with the provisions set forth in this chapter.

(Ord. 1307 § 1 (part), 2008)

Agricultural activities as defined in Section 16.04.090 are exempt from the permit provisions of this chapter.

(Ord. 1307 § 1 (part), 2008)

A. An application for a permit shall be made on forms furnished by the floodplain administrator, and shall be accompanied by plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, all existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

B. The following information shall also be supplied in such detail as the floodplain administrator shall require:

1. Spot ground elevations at the corners of all structures and at twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

2. Proposed locations of water supply, sanitary sewer facilities, and utilities;

3. If available, the base flood elevation from the flood insurance study, and/or FIRM;

4. If applicable, the approximate location of the regulatory floodway;

5. Elevation in relation to MSL of the lowest floor (including basement) of all structures;

6. Elevation in relation to MSL to which any structure has been floodproofed (if applicable);

C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of this chapter (if applicable);

D. For a crawl-space foundation, location and total net area of foundation openings (pursuant to technical bulletins TB 1-93 and TB 7-93);

E. Description of the extent to which any floodplain will be altered or relocated as a result of the proposed development, and shall incorporate capacity to convey the base floodwaters;

F. An estimate of the cost of the proposed development;

G. When the proposed development includes construction or alterations of structures, three sets of plans and specifications for such work shall be submitted with the application;

H. Certification by a registered professional engineer or architect which demonstrates to the satisfaction of the floodplain administrator the elevation of base flood; and

I. A copy of the permit from all federal and state agencies which have jurisdiction over the proposed project or written notification from such agencies that a permit will not be required.

(Ord. 1307 § 1 (part), 2008)

The floodplain administrator shall review permit applications to determine that:

A. Permit requirements set forth in this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

B. All other required state and federal permits have been obtained;

C. The site is reasonably safe from flooding;

D. Sufficient information has been provided to prove that the proposed development does not adversely affect the carrying capacity of the 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 on the base flood more than one foot at any point within the county; and

E. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits affected by the LOMR.

(Ord. 1307 § 1 (part), 2008)

Application for permits pursuant to this chapter shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 1307 § 1 (part), 2008)

A faithful performance bond may be required as to any floodplain permit. The bond shall be executed by the applicant and a corporate surety authorized to do business in this state, in a form approved by the county counsel, and in an amount equal to one hundred percent of the value of the work. "The value of the work," for purposes of this section only, shall be the estimated cost, as determined by the floodplain administrator, of remedial work which, were approved plans and specifications not to be followed, would, in the floodplain administrator's opinion, be likely to cause or contribute to flooding, erosion or to impair the water conveyance capacity of the floodplain.

(Ord. 1307 § 1 (part), 2008)

The floodplain administrator may issue a permit subject to conditions, in which event the conditions shall be specifically set forth in the permit. In considering possible conditions of approval, the floodplain administrator may seek recommendations of county departments and independent consultants, and may also invite comments and recommendations from other governmental offices whose expertise is considered to be pertinent to the subject of the application.

(Ord. 1307 § 1 (part), 2008)

Permits issued pursuant to this chapter shall be nontransferable.

(Ord. 1307 § 1 (part), 2008)

A. Work authorized by a permit shall commence within sixty days from the date of issuance thereof, unless an alternative date for commencement is set forth therein. All work authorized by the permit shall be completed within the time limits specified therein, which in no event shall extend more than twelve months from the date of issuance.

B. Should the work not be commenced as specified therein, the permit shall become void; provided, however, that if prior to the date established for commencement of work, the permittee makes written request to the floodplain administrator for an extension of time to commence the work, setting forth the reasons for the required extension, the floodplain administrator may grant such extension. The permittee, at any time while a permit is in force, may make written request to the floodplain administrator for an extension of time to complete the work covered by the permit. The floodplain administrator shall grant such a request if, in his opinion, such an extension is warranted.

C. The permittee shall notify the floodplain administrator not less than twenty-four hours prior to the commencement of work.

(Ord. 1307 § 1 (part), 2008)

The permittee shall notify the floodplain administrator in writing of the completion of the work authorized by the permit, and no work shall be deemed to be complete until the permittee provides the appropriate certifications of flood elevation per FEMA forms 81-31 and 81-65 as appropriate and approved in writing by the floodplain administrator.

(Ord. 1307 § 1 (part), 2008)

The floodplain administrator may cause inspections of work to be made periodically during the course thereof, and following the permittee's notification of completion of work. The permittee shall assist the floodplain administrator in making all such inspections.

(Ord. 1307 § 1 (part), 2008)

Changes shall not be made in work described in the permit, whether in relation to location, dimensions, materials or character of the work, except upon the prior written authorization of the floodplain administrator. The provisions of this section shall not apply to work being performed pursuant to plans prepared or approved by an agency of the federal or state government, where such change has been approved by such agency.

(Ord. 1307 § 1 (part), 2008)

A. Any person aggrieved by the denial or issuance by the floodplain administrator of a permit pursuant to this chapter, or by the imposition of a condition or conditions to such permit, may appeal such issuance, denial or condition to the board of supervisors pursuant to Chapter 2.88 of this code.

B. All applications for variances from the requirements of this chapter shall be filed with the floodplain administrator, who shall prepare a report evaluating each such application, and then forward the report and application to the board.

C. Variances from the requirements of this chapter may be granted only by the board after the board has held a public hearing, considered all of the factors set forth in subsection (E) of this section, and, except as provided in subsection (D), determined that all the following exist:

1. Good and sufficient cause has been shown;

2. The variance is the minimum necessary, considering the flood hazard, to afford relief;

3. Failure to grant the variance will result in exceptional hardship to the applicant;

4. The granting of the variance will not result in increased flood heights if the project is in the floodway, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinance; and

5. If the variance is sought for property within a designated floodway, there will be no increase in flood levels during the base flood discharge.

D. The board may grant variances without making the determinations set forth in subsections (C)(2) through (C)(4) of this section where such variances pertain to the reconstruction, rehabilitation or restoration of structures which are listed in the National Register of Historic Places, the State Inventory of Historic Places, or designated as historic landmarks pursuant to Chapter 15.52 of this code.

E. In passing upon an appeal or a request for variance, the board may consider all technical evaluations, all relevant factors, and all standards specified in other sections of this chapter. In addition, the board shall consider the following:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location, where applicable;

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable; and

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

F. When a variance pertaining to lowest floor elevation is granted, the applicant shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of this notice shall be recorded in the official records of the county recorder.

G. The floodplain administrator shall maintain records of all appeals and variances granted, and report any variances to the Federal Insurance Administration upon its request.

(Ord. 1307 § 1 (part), 2008)