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Ord 1763 - AMENDING THE ZONING ORDINANCE AND THE TOWN CODE CONCERNING FLOOD HAZARD REGULATIONS AND REPEALING ORDINANCE 1761ORDINANCE NO. 176.� AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AND THE TOWN CODE CONCERNING FLOOD HAZARD REGULATIONS AND REPEALING ORDINANCE 1761 The Town Council of the Town of Los Gatos ordains: SECTION I. Section 2.00 of the Zoning Ordinance is amended to read: SEC. 2.00 STRUCTURE That which is built or constructed, an edifice or building of any kind, any piece of work artificially built up or composed of parts joined together in some definite manner (including a gas or liquid storage tank, that is principally above ground). SECTION II. Chapter 3.85 is added to the Zoning Ordinance to read: CHAPTER 3.85 FLOODPLAIN MANAGEMENT SEC. 3.85.010: PURPOSE It is the purpose of this Chapter to promote and to minimize public 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 for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (5) To insure that potential buyers are notified that property is in an area of special flood hazard; and (6) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. SEC. 3.85.020 DEFINITIONS As used in this chapter, the following words and phrases shall have the following meanings: (1) 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. (2) BASE FLOOD The flood having a one percent chance of being equalled or exceeded in any given year (also called the "100 -year flood "). (3) 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) 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 - 2 - erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level 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. (5) FLOOD BOUNDARY AND FLOODWAY MAP The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (6) 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 premium zones applicable to the community. (7) 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. (8) FLOODPLAIN Any land area susceptible to being inundated by water from any source (see definition of "flooding "). (9) FLOODPLAIN MANAGEMENT REGULATIONS The Town's floodplain management regulations consists of this Chapter, the subdivision ordinance (Chapter 27 of the Town Code), building codes (Chapter 7 of the Town Code) and the grading and erosion control ordinance (Chapter 36 of the Town Code). The term also includes such state regulations in any combination with the above Town regulations which provide standards for the purpose of flood damage prevention and reduction. - 3 - (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 facilities, 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 ". (12) HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (13) 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 other 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 Chapter. (14) 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. (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 November 2, 1988. - 4 - (17) 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. (18) START OF CONSTRUCTION Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, 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 foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation 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. (19) 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, before 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: - 5 - (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. SEC. 3.85.030 AREAS OF SPECIAL FLOOD HAZARD This Chapter applies to all areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report 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 Chapter. (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 Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the Town Council by the Floodplain Administrator. (3) In order to facilitate administration of this Chapter, the Floodplain Administrator shall prepare an overlay for the Zoning Maps to indicate which parcels of property may be included within the areas of special flood hazard. This map shall be adopted by Town Council Resolution. This map does not purport to include properties which are not subject to flood hazards. The owner of any property shown on this map may request an exemption from the provision of this Chapter, if FEMA and /or Santa Clara County Water District information demonstrates that the proposed construction will not occur within the special flood hazard area. - 6 - SEC. 3.85.040 ABROGATION AND GREATER RESTRICTIONS This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and any ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SEC. 3.85.050 INTERPRETATION In the interpretation and application of this Chapter, all provisions shall be: (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. 3.85.o6o WARNING AND DISCLAIMER OF LIABILITY 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 on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter 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 Chapter shall not create liability on the part of the Town of Los Gatos, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. The map prepared by the Floodplain Administrator pursuant to Section 3.85.030(3) is intended for administrative purposes only. The Town of Los Gatos cannot, and does not, guarantee the accuracy of the map, therefore no responsibility for omissions and errors can be, or is, assumed. - 7 - SEC. 3.85.070 APPLICATION PROCEDURES Architecture and Site Approval is required before construction or development begins within any area of special flood hazards. In addition to the other information required by this Ordinance, the application shall also include the following information: (1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement or cellar) of all structures. (2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (3) All appropriate certifications listed in Section 3.85.080(4) of this ordinance; and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. SEC. 3.85.080 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 Architecture and Site Approval to determine that the permit requirements of this Chapter have been satisfied; (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. For purposes of this Chapter "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not i increase the water surface elevation of the base flood more than one foot at any point. (2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 3.85.030, 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 3.85.100. 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 3.85.090 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 in the same manner as provided for appeals from the decision of the Planning Director in Chapter 5.30. (6) Take action to remedy violations of this Chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided. - 9 - SEC. 3.85.090 STANDARDS OF CONSTRUCTION In all areas of special flood hazards the following standards are required: (1) Anchoring (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) All manufactured homes shall meet the anchoring standards of Section 3.85.110.(2). (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, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Subsection (c) 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 certification or verification shall be provided to the Floodplain Administrator. - 10 - (b) New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Subsection (c) below. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be property elevated. Such certification or verification shall be provided to the Floodplain Administrator. (c) Nonresidential construction shall either be elevated in conformance with Subsection (a) or (b) above or together with attendant utility and sanitary facilities: (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 buoyancy; and (iii) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. (d) Require, for all new construction and substantial improvements, 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 registered professional engineer or architect or meet or exceed the following minimum criteria: - 11 - (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. SEC. 3.85.100 STANDARDS FOR UTILITIES In all areas of special flood hazards the following standards are required: (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood 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. 3.85.110 STANDARDS FOR MANUFACTURED HOMES All new and replacement manufactured homes and additions to manufactured homes located in areas of special flood hazards 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. - 12 - SEC. 3.85.120 STANDARDS FOR FLOODWAYS Located within areas of special flood hazard established in Section 3.85.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, all encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited. SECTION III. Sec. 5.20.030 of the Zoning Ordinance is amended to read: SEC. 5.20.030 APPROVAL REQUIRED Architecture and Site Approval is required in all zones for the following: (1) New construction of any principal building; (2) Exterior alteration or addition to a building (other than single family and two family dwellings); (3) Construction of a parking lot; (4) Intensification of land use; (5) Residential conversions; (6) Any development in a floodplain as required by Chapter 3.85; and as otherwise specified in this Ordinance. (For the purposes of this Section only, intensification of land use means all changes in use which require more parking). SECTION IV. Section 5.60.030 of the Zoning Ordinance is amended to read: - 13 - SEC. 5.60.030: TOWN ENGINEER The Town Engineer: (1) Prescribes standards for driveway construction. (2) Prescribes standards for surfacing and draining of parking lots. (3) Determines correct traffic flow markings for parking lots. (4) Jointly with the Building Official determines whether grading permits require Architecture and Site Approval. (5) Jointly with the Planning Director and the Building Official determines parking lot permits as provided by Section 3.42.120. (6) Is a member of the Development Review Committee. (7) Is the Floodplain Administrator. SECTION V. Sec. 27.9 of the Los Gatos Town Code is amended to read: Sec. 27 -9. Contents. Every tentative map of a subdivision shall include the following information: (a) The tract name or designation; (b) A sufficient legal description of the land to define the boundaries of the proposed tract; (c) The name and address of the owner and subdivider and of the registered civil engineer or licensed surveyor; (d) The locations, names and widths of all adjoining highways, streets, or ways, the names of adjacent subdivisions and the names of record owners of unsubdivided adjoining property; (e) The width and approximate grades of rights -of -way and roadways for all highways, streets and ways within such proposed subdivision, with typical cross- sections showing proposed improvements; (f) The widths and approximate locations of all existing or proposed easements, whether public or private, for roads, drainage or sewers; (g) The approximate radius of all curves; - 14 - (h) The approximate lot layout and the approximate dimensions of each lot; (i) The approximate location and direction of flow of all watercourses and natural drainage channels; and approximate locations of all areas covered by water or subject to overflow; (j) The flood hazard area and the elevation of the base flood. (k) The elevation of proposed structure(s) and pads. If the site is to be filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Flood Administrator. (1) The source of water supply; (m) The proposed method of sewage disposal; (n) The proposed use of the property; (o) The proposed public areas, if any; (p) Contour lines showing one -foot contours for ground slopes of less than five feet vertical and one hundred feet horizontal distance, and five foot contours for ground slopes in excess thereof. Such contours shall be referred to mean sea level datum as established by the United States Geological Survey, or to bench marks established by the town engineer. Proposed cuts and fills in excess of ten feet in height should also be clearly delineated on the map. (q) The date, north point and scale. (r) The number of each lot. (s) The approximate location and outline to scale of each existing building or structure which is not to be moved in the development of the subdivision. (t) Each street shown by its actual street name or by a temporary name or letter for the purpose of identification until the proper name of such street is determined. If it is impossible or impracticable to place upon the tentative map any matter required in this section, such matter or information shall be furnished in a written statement which shall be submitted with each map. Before preparing a tentative map the subdivider and his engineer shall familiarize themselves with the subdivision design standards of the town which may be adopted from time to time by the town council. - 15 - (u) The proposed division of land and airspace within the subdivision. SECTION VI. Ordinance 1761, An Urgency Ordinance of the Town of Los Gatos Establishing Flood Damage Prevention Regulations, is hereby repealed as of the effective date of this ordinance. SECTION VII. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a reqular meeting of the Town Council of the Town of Los Gatos on September 19 , 1988 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on October 3 , 1988. AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: C ��.rPni SR. DEPUTY CLERK OF TH OWN OF LOS GATOS GPO1:FLOOD ORD �:M