Staff Report.Flood Ord
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 09/24/2025
ITEM NO: 2
DATE: September 19, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Making a Recommendation to the Town Council to Introduce an
Ordinance Titled “An Ordinance of the Town of Council of the Town of Los
Gatos Replacing Town Code Section 29, Article IX, ‘Floodplain Management.’”
Town Code Amendment Application A-25-004. Exempt from CEQA Pursuant
to Section 15061 (b)(3), because the Ordinance makes Changes to Floodplain
Management Land Use Regulations Involving No Physical Activities at this
Time. Project Location: Townwide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council to introduce an Ordinance titled “An
Ordinance of the Town of Council of the Town of Los Gatos replacing Town Code Section 29,
Article IX, ‘Floodplain Management.’”
CEQA:
Adopting this Ordinance is exempt pursuant to CEQA, Section 15061(b)(3), because it can be
seen with certainty that the draft Ordinance will not significantly affect the physical
environment in that draft Ordinance makes changes to floodplain management land use
regulations involving no physical activities at this time. Future projects would be subject to
CEQA.
FINDINGS:
The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3); and
The proposed amendments to Chapter 29 of the Town Code are consistent with the General
Plan.
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SUBJECT: Replacement of Town’s Floodplain Ordinance Town Code Section 29, Article IX
DATE: September 19, 2025
ACTION:
The Planning Commission will forward a recommendation on the proposed Town Code
amendments to the Town Council who will render the final decision.
BACKGROUND:
The National Flood Insurance Program (NFIP) was established by the federal government in
1968 to provide insurance for properties in areas at risk of flooding that could not otherwise be
insured in the private marketplace. The NFIP provides flood insurance to property owners,
businesses, and renters within communities that agree to participate in the program. The Town
of Los Gatos has participated in the National Flood Insurance Program since January 17, 1979.
The Town’s ongoing participation in and compliance with the requirements of the NFIP is
required for local residents and property owners to secure flood insurance. While the Town’s
flood risk is relatively minor based on the Santa Clara County Flood Insurance Study and the
adopted Flood Insurance Rate Maps (FIRM), residents are still encouraged to seek flood
insurance, even if they are not in a mapped floodplain. This is not possible if the Town does not
comply with the requirements of the NFIP.
On March 3, 2003, the Town Council adopted Ordinance 2109 and created the current version
of the Town’s Floodplain Ordinance, which is codified in Article IX of Chapter 29 of the Town
Code. The Floodplain Ordinance is a critical component in the Town’s compliance with the NFIP.
Since 2003, the NFIP has made significant changes to floodplain management regulations and
requirements, which the Town has not adopted. In early 2024, the Town was asked by the
California Department of Water Resources (DWR) to complete a survey regarding our current
Floodplain Ordinance. As a result of the Town’s response to that survey, DWR encouraged the
Town to update its ordinance to current standards.
DISCUSSION:
The language of the draft Ordinance (Exhibit 2) is based on template language provided by DWR
and is compliant with the current NFIP. The proposed language represents a wholesale
replacement of the Ordinance language. The new language updates the definitions, references
the current effective FIRMs dated May 18, 2009, and outlines specific requirements for
permitting structures within the mapped floodplain. This update also acknowledges the role the
California Building Code plays in managing development and construction within the floodplain,
whereas in the past the Building Code and Floodplain Codes were historically separate
documents without direct linkage.
Development of the draft Ordinance was coordinated with the Chief Building Official,
Community Development Director, the Santa Clara Valley Water District, California DWR, the
Town Manager, Town Attorney, and the Finance Director.
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SUBJECT: Replacement of Town’s Floodplain Ordinance Town Code Section 29, Article IX
DATE: September 19, 2025
CONCLUSION:
A. Summary
The draft Ordinance in Exhibit 2 would repeal and replace the Floodplain Ordinance in
Chapter 29 (Zoning Regulations) of the Town Code.
B. Staff recommends that the Planning Commission review the information included in the
staff report and forward a recommendation to the Town Council for approval of the
amendments to Chapter 29 of the Town Code in the draft Ordinance (Exhibit 2). The
Planning Commission should also include any comments or recommended changes to the
proposed amendments in taking the following actions:
1. Adopting this Ordinance is exempt pursuant to CEQA, Section 15061(b)(3), because it
can be seen with certainty that the draft Ordinance will not significantly affect the
physical environment in that draft Ordinance makes changes to floodplain management
land use regulations involving no physical activities at this time. Future projects would
be subject to CEQA (Exhibit 1);
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
draft Ordinance are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the proposed
amendments to Chapter 29 of the Town Code in the draft Ordinance (Exhibit 2).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the draft amendments
with modifications; or
2. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Findings
2. Draft Ordinance
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