The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the County of Santa Cruz does hereby adopt the following floodplain management regulations.
(Ord. 5350 § 1, 2020)
(A) 
Flood hazard areas in the County of Santa Cruz are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(B) 
These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.
(Ord. 5350 § 1, 2020)
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the County of Santa Cruz to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow) or flood-related erosion areas. These regulations are designed to:
(A) 
Protect human life and health and property from the dangers of flooding;
(B) 
Minimize the need for publicly funded and hazardous rescue efforts to save those who are isolated by floodwaters;
(C) 
Minimize expenditure of public money for costly flood damage repair and flood control projects;
(D) 
Minimize disruption of commerce and governmental services;
(E) 
Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
(F) 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
(G) 
Maintain the County of Santa Cruz's participation in the National Flood Insurance Program, thereby giving citizens and businesses the opportunity to purchase flood insurance;
(H) 
Retain the natural channel, shoreline, and floodplain creation process and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species;
(I) 
Prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels;
(J) 
Encourage that those who occupy the areas of special flood hazard assume responsibility for their actions;
(K) 
Exceed the minimum standards for participation in the National Flood Insurance Program, thereby giving citizens and businesses the opportunity to purchase flood insurance at reduced rates.
(Ord. 5350 § 1, 2020)
The provisions of this chapter shall apply to all development that is wholly within, partially within, or in contact with any flood hazard area, or other areas as identified by the Floodplain Administrator, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, replacement, repair, relocation or demolition of any building or structure; placement, installation, or replacement of manufactured homes; installation or replacement of tanks; placement of temporary structures and temporary storage; installation of swimming pools; and placement of miscellaneous and utility structures.
(Ord. 5350 § 1, 2020)
In order to accomplish its purposes, this chapter includes regulations to:
(A) 
Restrict or prohibit uses and developments which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
(B) 
Require that uses and developments vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) 
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(D) 
Control filling, grading, dredging, and other development which may increase flood damage; and
(E) 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Ord. 5350 § 1, 2020)
(A) 
The Flood Insurance Study for Santa Cruz County dated April 15, 1986, and all subsequent amendments and revisions, the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and serve as the basis for establishing flood hazard areas.
(B) 
The flood insurance study and attendant mapping is the minimum area of applicability of the flood regulations contained in this chapter, and may be supplemented by studies for other areas.
(C) 
Pursuant to Part V of this chapter, the Floodplain Administrator may require submission of additional data to establish flood hazard areas. This shall apply to areas adjacent to a mapped or unmapped watercourse.
(D) 
In addition, where field surveyed topography indicates that ground elevations are below the closest applicable base flood elevation, even in areas not delineated as a flood hazard area on a FIRM, the area shall be considered a flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the building codes.
(E) 
When a draft or preliminary flood insurance study indicates an increase in the base flood elevation or an expansion of the flood hazard area, this information shall be considered as available data; however, projects are not required to design to the draft or preliminary standards and may be issued building permits based on the existing adopted FIRM. However, no building permit shall be issued that is not in compliance with the applicable adopted FIRM, and projects that have received discretionary permit approvals may need to be revised in order to be issued a building permit, if the FIRM maps have changed between the date of the discretionary permit and the time that the building permit is approved and ready for issuance.
(F) 
Maps and studies that establish flood hazard areas are on file at the Santa Cruz County Planning Department, 701 Ocean Street, Room 400, Santa Cruz, CA 95060.
(Ord. 5350 § 1, 2020)
Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When a chapter revision constitutes an amendment to the Local Coastal Program, such revision shall be processed pursuant to the hearing and notification provisions of Chapter 18.60 SCCC and shall be subject to approval by the California Coastal Commission.
(Ord. 5350 § 1, 2020)
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. If this chapter and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 5350 § 1, 2020)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
(Ord. 5350 § 1, 2020)
This chapter shall not create liability on the part of the County of Santa Cruz, any officer or employee thereof, the State of California, or the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made hereunder. The Floodplain Administrator or any employee charged with the enforcement of this chapter, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter.
(Ord. 5350 § 1, 2020)
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so declared.
(Ord. 5350 § 1, 2020)
Pursuant to the requirement established in State statute that the County of Santa Cruz administer and enforce the State building codes, the Board of Supervisors of Santa Cruz County does hereby acknowledge that the State building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the State building codes, which are adopted as Chapter 12.10 SCCC, Building Regulations, with local amendments as adopted by the County Board of Supervisors.
Where, in any specific case, requirements of this chapter conflict with the requirements of the building codes, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(Ord. 5350 § 1, 2020)
The provisions of this chapter shall not be deemed to nullify any provisions of local, State or Federal law.
(Ord. 5350 § 1, 2020)
In the interpretation and application of this chapter, all provisions shall be:
(A) 
Considered as minimum requirements;
(B) 
Construed in favor of protecting floodplain functions over development allowances; and
(C) 
Deemed neither to limit nor repeal any other powers granted under State statutes.
(Ord. 5350 § 1, 2020)