Santa Clara County Municipal Code Art. 4 Administration

The Director of the Department of Planning and Development, or his or her designee, is hereby appointed to administer, implement, and enforce this chapter and is authorized to grant or deny development permits in accord with its provisions.

(Ord. No. NS-1100.106, § 1, 4-21-09; Ord. No. NS-1100.119, § 2, 12-17-13)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(1) Review all development permits to determine:

a. Permit requirements of 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. 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 Santa Clara County; and

e. 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.

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

a. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," the Department shall develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, this shall include defining "market value."

b. Assure procedures are coordinated with other County departments and implemented by County staff.

(3) Review, use and development of other base flood data. When base flood elevation data has not been provided in accordance with Section C12-806, 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 Section C12-816 through Section C12-822.

A base flood elevation shall 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.

(4) Notification of other agencies.

a. Alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources and the Santa Clara Valley Water District prior to alteration or relocation of a water course;

2. Submit evidence of such notification to the Federal Emergency Management Agency; and

3. Require that the flood carrying capacity within the altered or relocated portion of said watercourse is 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 shall not be issued based on a conditional letter of map revision (CLOMR). 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.

c. Changes in county boundaries: The Floodplain Administrator shall notify FEMA in writing whenever the County boundaries have been modified by annexation or other means and include a copy of a map of the County clearly delineating the new territorial limits and boundaries.

(5) Documentation of floodplain development. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed the following:

a. Certification required by Section C12-816(3)a. and Section C12-819;

b. Certification required by Section C12-816(3)b. (elevation or floodproofing of nonresidential structures);

c. Certification required by Section C12-816(3)c. (wet floodproofing standard);

d. Certification of elevation required by Section C12-818(a)(3) (subdivisions and other proposed development standards);

e. Certification required by Section C12-821(2) (floodway encroachments);

f. Information required by Section C12-822(6) (coastal construction standards); and

g. 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.

(6) Map determination. The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas, 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 C12-815.

(7) Remedial action. The Floodplain Administrator shall take action to remedy violations of this chapter as specified in Section C12-807.

(8) Biennial report. The Floodplain Administrator shall complete and submit Biennial Report to FEMA.

(9) Planning. The Floodplain Administrator shall assure the County's General Plan is consistent with floodplain management objectives herein.

(10) Non-conversion of enclosed areas below the lowest floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management chapter in effect at the time of conversion, the Floodplain Administrator shall:

a. Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

b. Enter into a "NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD AREAS" or equivalent with the County. The agreement shall be recorded with the County Clerk-Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel; and

c. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior written notice of at least 72 hours to the real property owner.

(Ord. No. NS-1100.106, § 1, 4-21-09)

A development permit shall be obtained from the Department before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section C12-806. Application for a development permit shall be made on forms furnished by the County. The applicant shall provide the following minimum information:

(1) Plans in duplicate, drawn to scale, showing:

a. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

b. Proposed locations of water supply, sanitary sewer, and other utilities;

c. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

d. Location of the regulatory floodway when applicable;

e. Base flood elevation information as specified in Section C12-806 or Section C12-813(3);

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

g. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section C12-816(3)b. of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

(2) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section C12-816(3)b.

(3) For a crawl-space foundation, location and total net area of foundation openings as required in Section C12-816(3)c. of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(5) All appropriate certifications listed in Section C12-813(5) of this chapter.

(Ord. No. NS-1100.106, § 1, 4-21-09)

Any person who is dissatisfied with the decision of the Department on any application for a development permit or variance pursuant to this chapter may, within 15 calendar days after final action is taken, file an appeal to the Director. The appeal shall be filed with the Department and shall be accompanied by a nonrefundable filing fee in an amount prescribed by resolution of the Board of Supervisors.

The appeal shall be heard by the Director within 30 days after the filing of the appeal. The Clerk of the Board shall set the time and place for the hearing and shall cause public notice of the hearing to be mailed to the owners of all property within 300 feet of the subject property and to the applicant for the permit and the appellant.

The Floodplain Administrator shall transmit to the Director all maps, records, papers and files which constitute the record in the action from which the appeal was taken. The Director shall hear and decide the matter de novo.

A decision of the Director may be appealed to the Board of Supervisors. Appeals shall be filed in writing with the Clerk of the Board within 15 days after the date of the Director's decision. The Board of Supervisors shall hear the matter de novo and approve or deny the application. The decision of the Board of Supervisors on appeal is final.

(Ord. No. NS-1100.106, § 1, 4-21-09)