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.
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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;
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(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.
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(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".
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(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.
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(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:
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(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;
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(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.
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(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:
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(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:
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(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
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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:
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(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
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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.
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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
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