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Ord 1761 - ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONSORDINANCE NO. 1761 AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1.0 FINDINGS OF URGENCY Pursuant to Government Code Section 36937(b), the Council hereby finds that there is a current and immediate threat to the public health and safety and it is necessary to enact an Urgency Ordinance that will provide for the immediate preservation of the public health and safety due to the facts provided below: (1) The Federal Emergency Management Agency has made substantial changes to the National Flood Insurance Program; regulations which necessitate the adoption of new flood hazard regulations that will supercede the regulations established in Ordinance 1413. (2) The Federal Emergency Management Agency has suspended the Town of Los Gatos from the National Flood Insurance Program until such time as the Town amends its floodplain management ordinance incorporating the revised Federal standards for regulating development in Special Flood Hazard Areas. (3) As a result, flood insurance may not be sold or renewed, mortgage loans cannot be obtained from the Veterans Administration, mortgage loans cannot be insured by the Federal Housing Administration, and federal financial assis- tance cannot be provided for the permanent repair or reconstruction of insurable buildings in Special Flood Hazard Areas if a presidentially de- clared disaster occurs due to flooding. (4) In order to regain eligibility in the National Flood Insurance Program, the Town must submit a local legislative or executive measure reaffirming the communities intent to comply with the National Flood Insurance Program criteria and a copy of the revised and adopted floodplain management ordi- nance that is compliant with the current National Flood Insurance Program regulations. (5) It is essential to adopt this Urgency Ordinance since the Town is in the process of enacting a permanent ordinance which cannot take effect until No- vember 2, 1988 at the earliest and it is possible that a flood could occur before the effective date of the permanent ordinance. SECTION 2.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES SEC. 2.1: STATUTORY AUTHORIZATION The Legislature of the State of California has in its Government Code and Health and Safety Code delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Council of the Town of Los Gatos does ordain as follows: SEC. 2.2: FINDINGS OF FACT (1) The flood hazard areas of the Town of Los Gatos are subject to peri- odic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary pub- lic expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other area. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. - 2 - SEC. 2.3: STATEMENT OF PURPOSE It is the purpose of this ordinance to continue the Town's efforts to promote the public health, safety, and general welfare, and to minimize pub- lic and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money and private losses due to flood conditions in specific areas by provisions designed: (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general pub- lic; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and brid- ges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard as- sume responsibility for their actions. SEC. 2.4: METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safe- ty, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; - 3 - (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 3.0 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. (1) APPEAL A request for a review of the Floodplain Administrator's interpreta- tion of any provision of this ordinance. (2) AREA OF SHALLOW FLOODING A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. (3) BASE FLOOD The flood having a one percent chance of being equalled or exceeded in any given year (also called the "100 -year flood "). (4) BASEMENT Any area of the building having its floor subgrade (below ground lev- el) on all sides. (5) DEVELOPMENT Any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. - 4 - (6) FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and /or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipat- ed cyclical levels or suddenly caused by an unusually high water lev- el in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. (7) FIRM The Flood Insurance Rate Map, the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk pre- mium zones applicable to the community. (8) FLOOD INSURANCE STUDY The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (9) FLOODPLAIN Any land area susceptible to being inundated by water from any source (see definition of "flooding "). (10) FLOODPROOFING Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facil- ities, structures and their contents. (11) FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway". - 5 - (12) LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area oth- er than a basement or cellar area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this Ordinance. (13) MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. (14) MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (15) MEAN SEA LEVEL The National Geodetic Vertical Datum (NGVD) of 1929 to which base flood elevations shown on the Town's Flood Insurance Rate Map are referenced. (16) NEW CONSTRUCTION Structures for which the "start of construction" commenced on or after (the effective date of this Ordinance, to be inserted at time Ordinance is adopted). (17) PERSON An individual or his agent, firm, partnership, association or cor- poration, or agent of the aforementioned groups, or the state of California or its agencies or political subdivisions. (18) SPECIAL FLOOD HAZARD AREA An area having special flood or flood - related erosion hazards, and shown on the FIRM as Zone A, AO or Al -30. - 6 - (19) START OF CONSTRUCTION Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, re- pair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a founda- tion. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the in- stallation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (20) STRUCTURE A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (21) SUBSTANTIAL IMPROVEMENT Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (a) before the improvement or repair is started; or (b) if the structure has been damaged, and is being restored, be- fore the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: - 7 - (a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SECTION 4.0 GENERAL PROVISIONS SEC. 4.1 AREAS OF SPECIAL FLOOD HAZARD This ordinance applies to all areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering re- port entitled "Flood Insurance Study for Town of Los Gatos" dated July, 1978, and any amendments thereof, with the accompanying Flood Insurance Rate Map (Panels 1 and 3 of 4 only (Panels 2 and 4 were not printed) is hereby adopted by reference and declared to be a part of this Ordinance. (1) This Flood Insurance Study is on file in the Engineering Department at 110 East Main Street, Los Gatos, CA 95032. (2) This Flood Insurance Study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recom- mended to the Town Council by the Floodplain Administrator. SEC. 4.2 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and any ordinance, easement, covenant, or deed restriction con- flict or overlap, whichever imposes the more stringent restrictions shall prevail. SEC. 4.3 INTERPRETATION In the interpretation and application of this Ordinance, all provisions shall be: i (1) Considered as minimum requirements; (2) Liberally construed in favor of the Town of Los Gatos; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. SEC. 4.4 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Los Gatos, any officer or employee thereof, or the Federal In- surance Administration, for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. SECTION 5.0 ADMINISTRATION SEC. 5.1: ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or develop- ment begins within any area of special flood hazard established in Section 4.1. Application for a Development Permit shall be made on forms furnished by the Director of Public Works and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; - 9 - (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.3 -4; and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. SEC. 5.2: DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Town Engineer is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accor- dance with its provisions. SEC. 5.3 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR The duties and responsibilities of the floodplain administrator shall include, but not be limited to: (1) Permit review. (a) Review all applications for development permits to determine that the permit requirements of this ordinance have been sat- isfied; (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 carry- ing capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance "adversely affects" 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. - 10 - (2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 4.1, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 6.0. Any such information shall be submitted to the Town Council for adoption. (3) Whenever a watercourse is to be altered or relocated: (a) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (b) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. (4) Obtain the certifications required by Section 6.0 and maintain them for public inspection and make them available as needed. (5) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, (for example, 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 to the Town Council. (6) Take action to remedy violations of this ordinance. A structure or other development without the elevation certifi- cate, other certifications, or other evidence of compliance re- quired in this ordinance is presumed to be in violation until such time as that documentation is provided. SECTION 6.0 PROVISIONS FOR FLOOD HAZARD REDUCTION SEC. 6.1 STANDARDS OF CONSTRUCTION. In all areas of special flood hazards the following standards are re- quired: - 11 - (1) Anchoring (a) All new construction and substantial improvements shall be an- chored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (1) All manufactured homes shall meet the anchoring standards of Section 6.4. (2) Construction Materials and Methods (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (3) Elevation and Floodproofing (a) New construction and substantial improvement of any structure shall have the lowest floor, including basement or cellar, el- evated to or above the base flood elevation. Nonresidential structures may meet the standards in Subsection (b) below. Upon the completion of the structure the elevation of the lowest floor including basement or cellar shall be certified by a registered professional engineer or surveyor, or verified by the Building Official to be properly elevated. Such certi- fication or verification shall be provided to the Floodplain Administrator. (b) Nonresidential construction shall either be elevated in conformance with Subsection (a) above or together with attend- ant utility and sanitary facilities: - 12 - (i) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (ii) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyan- cy; and (iii) be certified by a registered professional engineer or ar- chitect that the standards of this subsection are satis- fied. Such certifications shall be provided to the Floodplain Administrator. (c) Require, for all new construction and substantial improve- ments, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a regis- tered professional engineer or architect or meet or exceed the following minimum criteria: (i) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (ii) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (4) Manufactured homes shall also meet the standards in Section 6.4. SEC. 6.2 STANDARDS FOR UTILITIES (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood - 13 - waters into the system and discharge from systems into flood waters. (2) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SEC. 6.3 STANDARDS FOR SUBDIVISIONS (1) All subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (2) All final subdivision maps will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (3) All subdivision proposals shall be consistent with the need to minimize flood damage. (4) All subdivision proposals shall have public utilities and facili- ties such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (5) All subdivisions shall provide adequate drainage to reduce expo- sure to flood hazards. SEC. 6.4 STANDARDS FOR MANUFACTURED HOMES All new and replacement manufactured homes and additions to manufac- tured homes shall: (1) Be elevated so that the lowest floor is at or above the base flood elevation; and (2) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. SEC. 6.5 STANDARDS FOR FLOODWAYS Located within areas of special flood hazard established in Section 4.1 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, po- tential projectiles, and erosion potential, the following provisions apply: - 14 - (1) Prohibit encroachments, including fill, new construction, substan- tial improvements, and other development unless certification by a registered professional engineer or architect is provided demon- strating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Subsection (a) is satisfied, all new construction and substan- tial improvements shall comply with all other applicable flood haz- ard reduction provisions of Section 6.0. SECTION 7.0 ENFORCEMENT AND PENALTIES SEC. 7.1 PROHIBITION No official or employees of the Town shall issue any permit, or li- cense, nor grant final approval for any use, building, structure or subdi- vision which would not conform to the provisions of this Ordinance or any approval granted under the provisions of this ordinance. Any permit, li- cense or final approval issued by the Town in conflict with the provisions of this ordinance is void. SEC. 7.2 ENFORCEMENT All officers and employees of the Town shall report violations of this ordinance to the Town Engineer, who shall enforce this ordinance. SEC. 7.3 VIOLATION MISDEMEANOR Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this ordinance is guilty of a misdemeanor, and, upon conviction thereof, shall be punishable by a fine of not more than $500.00, or any imprisonment in the County jail for a term not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate - 15 - offense for each and every day during any portion of which any vio- lation of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. SEC. 7.4 SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordi- nance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 8.0 REPEAL OF ORDINANCE 1413 Adoption of this ordinance supercedes and repeals Ordinance 1413 which was adopted December 18, 1978. SECTION 9.0 This ordinance takes effect immediately. Within 15 days after this ordi- nance is adopted the Town Clerk shall cause it to be published once in a newspa- per of general circulation published and circulated in the Town. - 16 - This ordinance was introduced and adopted at a regular meeting of the Town Council of the Town of Los Gatos on September 6 1988 and adopted by the following vote as an ordinance of the Town of Los Gatos: AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura & Mayor Eric Carlson NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: None None SIGNED: MAYOR OF THE TOWN OF LOS GATOS SR. DEPUTY CLERK OF 770WN OF LOS GATOS GP0I :FEMA ORD - 17 -