Ord 2109 - Approving the new floodplain management standards, repealing Ordinance No. 1763 and amending Article IX of Chapter 29 of the Town CodeORDINANCE 2109
AN ORDINANCE OF THE TOWN OF LOS GATOS APPROVING
THE NEW FLOODPLAIN MANAGEMENT STANDARDS, REPEALING
ORDINANCE NO. 1763 AND AMENDING ARTICLE IX OF
CHAPTER 29 OF THE TOWN CODE
RECITALS
A. On October 3, 1988, the Town Council of the Town of Los Gatos adopted Ordinance No.
88 -1763 for purposes of setting standards for Floodplain Management to promote the public health, safety
and general welfare, and to minimize public and private losses due to flood conditions in specific areas.
B. The provisions of Ordinance No. 88 -1763, which had not been amended since their adoption,
are codified at Article IX of Chapter 29 of the Los Gatos Town Code.
C. New Floodplain Management standards in the form of a model ordinance have been
established and are recommended by the State Floodplain Administrator of the Division of Flood
Management (latest revision dated December, 2001).
D. Local adoption of the recommended new Floodplain Management Standards is necessary
in order to comply with requirements of the National Flood Insurance Program ( "NFIP "), which is managed
by the State Department of Water Resources ( "DWR ") for the Federal Emergency Management Agency
( "FEMA ")
E. The Town Council of the Town of Los Gatos desires to amend its applicable Floodplain
Management standards in order to promote the public health, safety and general welfare, and to minimize
public and private losses due to flood conditions in specific areas.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Ordinance No. 88 -1763 is hereby repealed.
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SECTION II
Article IX of Chapter 29 of the Los Gatos Town Code is amended by deleting in their entirety
sections 29.90.010 through 29.90.065, inclusive, and replacing them with the following:
Division 1
Statutory Authorization, Finding of Fact, Purpose and Methods
29.90.010 Statutory Authorization.
The Legislature of the State of California has in Government Code sections 65302, 65560, and
65800 conferred upon local government units authority 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 hereby adopt the following Floodplain Management Regulations.
29.90.015. Finding of Fact
(a) The flood hazard areas of the Town of Los Gatos 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 contribute to the flood loss.
29.90.020. Statement of Purpose.
It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(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;
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(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) Ensure that potential buyers are notified that property is in an area of special flood
hazard; and,
(h) Ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
29.90.025. Methods of Reducing Flood Losses.
In order to accomplish its purposes, this ordinance includes methods and provisions to:
(a) Restrict or prohibit uses 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 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 flood plains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
(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 flood
waters or which may increase flood hazards in other areas.
Division II
Definitions
29.90.030. 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.
Accessory use means a use which is incidental and subordinate to the principal use of the parcel of
land on which it is located.
Alluvial fan means a geomorphologic feature characterized by a cone or fan - shaped deposit of
boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by
flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high
velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
Apex means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally
the point where the major stream that formed the fan emerges from the mountain front.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance.
Area of shallow flooding means a designated AO or AH 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.
Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard see Special flood hazard area.
Area of special flood- related erosion hazard is the land within a community which is most likely
to be subject to severe flood- related erosion losses. The area may be designated as Zone E on the
Flood Insurance Rate Map (FIRM).
Area of special mudslide (i.e., mudflow) hazard is the area subject to severe mudslides (i.e.,
mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).
Base flood means a flood which has a one percent chance of being equaled or exceeded in any given
year (also called the "100 -year flood "). Base flood is the term used throughout this ordinance.
Basement means any area of the building having its floor subgrade ( i.e., below ground level) on all
sides.
Building see Structure.
Development means 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 or storage of equipment or materials.
Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings,
permanent structures or development into a Floodplain which may impede or alter the flow capacity
of a Floodplain.
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before the effective date of
the Floodplain Management Regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
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Flood, flooding, or flood water means:
A general and temporary condition of partial or complete inundation of normally dry
land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and /or mudslides (i.e.,
mudflows); and
2. The condition resulting from flood- related erosion
Flood Boundary and Floodway Map (FBFM) means 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 floodway.
Flood Hazard Boundary Map means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated the areas of flood hazards.
Flood Insurance Rate Map (FIRM) means 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.
Flood Insurance Study means the official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map,
and the water surface elevation of the base flood.
Flood- related erosion means the collapse or subsidence of land along the shore of a lake or other
body of water as a result of undermining caused by waves or currents of water exceeding anticipated
cyclical level 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 a flash flood or an
abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in
flooding.
Flood - related erosion area or Flood - related erosion prone area means a land area adjoining the
shore of a lake or other body of water, which due to the composition of the shoreline or bank and
high water levels or wind - driven currents, is likely to suffer flood - related erosion damage.
Flood- related erosion area management means the operation of an overall program of corrective
and preventive measures for reducing flood - related erosion damage, including but not limited to
emergency preparedness plans, flood - related erosion control works, and Floodplain Management
Rgulations.
Floodplain or flood -prone area means any land area susceptible to being inundated by water from
any source (see Flooding).
Floodplain Administrator is the individual appointed to administer and enforce the Floodplain
Management Regulations.
Floodplain Management means the operation of an overall program of corrective and preventive
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measures for reducing flood damage and preserving and enhancing, where possible, natural
resources in the Floodplain, including but not limited to emergency preparedness plans, flood
control works, Floodplain Management Regulations, and open space plans.
Floodplain Management Regulations means this ordinance and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as grading and
erosion control) and other application of police power which control development in flood -prone
areas. This term describes federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
Flooclproofing means 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 (Refer to FEMA Technical
Bulletins TB 1 -93, TB 3 -93, and TB 7 -93 for guidelines on dry and wet floodproofing.)
Floodway means 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.
Floodway fringe is that area of the Floodplain on either side of the Regulatory Floodway where
encroachment may be permitted.
Fraud and victimization as related to Division VI, Variance Procedure, of this ordinance, means that
the variance granted must not cause fraud on or victimization of the public. In examining this
requirement, the Town Council will consider the fact that every newly constructed building adds to
government responsibilities and remains a part of the community for 50 to 100 years. Buildings that
are permitted to be constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the community as a
whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood
damages bring. In addition, future owners may purchase the property, unaware that it is subject to
potential flood damage, and can be insured only at very high flood insurance rates.
Functionally dependent use means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long -term storage or related manufacturing facilities.
Governing body is the local governing unit, i.e. county or municipality, that is empowered to adopt
and implement regulations to provide for the public health, safety and general welfare of its
citizenry.
Hardship as related to Division VI, Variance Procedure, of this ordinance means the exceptional
hardship that would result from a failure to grant the requested variance. The Town Council
requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as
a rule, qualify as an exceptional hardship. All of these problems can be resolved through other
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means without granting a variance, even if the alternative is more expensive, or requires the property
owner to build elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
Levee means a man -made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control or divert the flow of water so as to
provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accord with
sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area, including basement (see Basement
definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely
for parking of vehicles, building access or storage in an area other than a basement area,
is not considered a building's lowest floor provided it conforms to applicable non -
elevation design requirements, including, but not limited to:
(a) The wet floodproofing standard in section 29.90.090(c)(3);
(b) The anchoring standards in section 29.90.090(a);
(c) The construction materials and methods standards in section 29.90.090(b); and
(d) The standards for utilities in section 29.90.095.
2. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see Basement definition). This prohibition includes below-
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grade garages and storage areas.
Manufactured home means 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 attached
to the required utilities. The term "manufactured home" does not include a "recreational vehicle ".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market Value shall be determined by estimating the cost to replace the structure in new condition
and adjusting that cost figure by the amount of depreciation which has accrued since the structure
was constructed. The cost of replacement of the structure shall be based on a square foot cost factor
determined by reference to a building cost estimating guide recognized by the building construction
industry. The amount of depreciation shall be determined by taking into account the age and
physical deterioration of the structure and functional obsolescence as approved by the Floodplain
Administrator, but shall not include economic or other forms of external obsolescence. Use of
replacement costs or accrued depreciation factors different from those contained in recognized
building cost estimating guides may be considered only if such factors are included in a report
prepared by an independent professional appraiser and supported by a written explanation of the
differences.
Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
Mudslide describes a condition where there is a river, flow or inundation of liquid mud down a
hillside, usually as a result of a dual condition of loss of brush cover and the subsequent
accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated
material where the history, geology, and climate indicate a potential for mudflow.
New construction, for floodplain management purposes, means structures for which the "start of
construction" commenced on or after the effective date of Floodplain Management Regulations
adopted by this community, and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on or after the effective date of
Floodplain Management Regulations adopted by this community.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile,
abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence,
rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into
any watercourse which may alter, impede, retard or change the direction and /or velocity of the flow
of water, or due to its location, its propensity to snare or collect debris carried by the flow of water,
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or its likelihood of being carried downstream.
One - hundred -year flood or 100 -year flood see Base flood.
Public safety and nuisance as related to Division VI, Variance Procedure, of this ordinance means
that the granting of a variance must not result in anything which is injurious to safety or health of
an entire community or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay,
stream, canal, or basin.
Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self - propelled or permanently towable by a light -duty truck; and,
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Regulatory floodway means 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.
Remedy a violation means to bring the structure or other development into compliance with State
or local Floodplain Management Regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions of the ordinance or
otherwise deterring future similar violations, or reducing State or Federal financial exposure with
regard to the structure or other development.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Sheet flow area see Area of shallow flooding.
Special flood hazard area (SFHA) means an area in the Flood Plain subject to a 1 percent or greater
chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al -A30,
AE, A99, AH.
Start of construction includes substantial improvement and other proposed new development and
means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from
the date of the permit. 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
manufacture 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
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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. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
Structure means a walled and roofed building that is principally above ground; this includes a gas
or liquid storage tank or a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new
development of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures
which have incurred "substantial damage ", regardless of the actual repair work performed. The term
does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
2. Any alteration of a "historic structure ", provided that the alteration will not preclude the
structure's continued designation as a "historic structure ".
Variance means a grant of relief from the requirements of this ordinance which permits construction
in a manner that would otherwise be prohibited by this ordinance.
Violation means the failure of a structure or other development to be fully compliant with this
ordinance. A structure or other development without the elevation certificate, other certifications,
or other evidence of compliance required in this ordinance is presumed to be in violation until such
time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies
in the flood plains of coastal or riverine areas.
Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature
on or over which waters flow at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
Division III
General Provisions
29.90.035. Lands to Which this Ordinance Applies.
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This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the Town
of Los Gatos.
29.90.040. Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the
Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated July,
1978 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway
Maps (FBFMs), dated January 17, 1979, and all subsequent amendments and /or revisions, are
hereby adopted by reference and declared to be a part of this ordinance.
This FIS and attendant mapping 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 recommended to the Town Council by the Floodplain Administrator. The study, FIRMs and
FBFMs are on file at Department of Parks and Public Works, 41 Miles Avenue, Los Gatos,
California, 95030.
29.90.045. Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without
full compliance with the terms of this ordinance and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from
taking such lawful action as is necessary to prevent or remedy any violation.
29.90.050. 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 another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
29.90.055. Interpretation.
In the interpretation and application of this ordinance, all provisions shall be
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the Town Council; and
(c) Demed neither to limit nor repeal any other powers granted under state statutes.
29.90.060. Warning and Disclaimer of Liability.
The degree of flood protection required by this ordinance is considered reasonable for regulatory
proposes 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.
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This ordinance shall not create liability on the part of Town Council, any officer or employee
thereof, the State of California, or the Federal Insurance Administration, Federal Emergenc
Management Agency, for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
29.90.065. Severability
This ordinance and the various parts thereof are hereby declared to be severable. Should any section
of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any portion thereof other than the section so
declared to be unconstitutional or invalid.
Division IV
Administration
29.90.070. Establishment of Development Permit.
A development permit shall be obtained before any construction or other development begins within
any area of special flood hazard established in section 29.90.040. Application for a development
permit shall be made on forms furnished by the Floodplain Administrator and may include, but not
be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevation 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.
(a) Site plan, including but not limited to:
(1) For all proposed structures, spot ground elevations at building corners and 20-
foot or smaller intervals along the foundation footprint, or one foot contour
elevations throughout the building site; and
(2) Proposed locations of water supply, sanitary sewer, and utilities; and
(3) If available, the base flood elevation from the Flood Insurance Study and /or
Flood Insurance Rate Map; and
(4) If applicable, the location of the regulatory floodway; and
(b) Foundation design detail, including but not limited to:
(1) Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
(2) For a crawl -space foundation, location and total net area of foundation openings
as required in section 29.90.090(c)(3) of this ordinance and FEMA Technical
Bulletins 1 -93 and 7 -93; and
(3) For foundations placed on fill, the location and height of fill, and compaction
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requirements (compacted to 95 percent using the Standard Proctor Test method);
and
(c) Proposed elevation in relation to mean sea level to which any nonresidential structure
will be floodproofed, as required in section 29.90.090(c)(2) of this ordinance and
FEMA Technical Bulletin TB 3 -93; and
(d) All appropriate certifications listed in section 29.90.080(d) of this ordinance; and
(e) Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
29.90.075. Designation of the Floodplain Administrator
The Parks and Public Works Director is hereby appointed to administer, implement, and enforce this
ordinance by granting or denying development permits in accord with its provisions.
29.90.080. Duties and Responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to
the following.
(a) Permit Review. Review all development permits to determine that
(1) Permit requirements of this ordinance have been satisfied,
(2) All other required state and federal permits have been obtained,
(3) The site is reasonably safe from flooding, and
(4) 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 ordinance, "adversely affects" means that
the cumulative effect of the proposed development when combined with all other
existing and anticipated development will increase the water surface elevation
of the base flood more than one foot at any point.
(b) Review, use and development of other base flood data.
(1) When base flood elevation data has not been provided in accordance with section
29.90.040, the Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal or
state agency, or other source, in order to administer Division V. Any such
information shall be submitted to the Town Council for adoption; or
(2) If no base flood elevation data is available from a federal or state agency or other
source, then a base flood elevation shall be obtained using one of two methods
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from the FEMA publication "Managing Flood Plain Development in
Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -
year) Flood Elevations" dated July 1995 in order to administer Division V.
a. Simplified method
i. 100 year or base flood discharge shall be obtained using the appropriate
regression equation found in a U.S. Geological Survey publication, or
the discharge- drainage area method; and
ii. Base flood elevation shall be obtained using the Quick -2 computer
program developed by FEMA; or
b. Detailed method. The 100 year or base flood discharge and the base flood
elevation shall be obtained using detailed methods identified in FEMA
Publication 265, published in July 1995 and titled: "Managing Flood Plain
Development in Approximate Zone A Areas -A Guide for Obtaining and
Developing Base (100 year) Flood Elevations."
(c) Notification of Other Agencies. In alteration or relocation of a watercourse:
(1) Notify adjacent communities and the California Department of Water Resources
prior to alteration or relocation;
(2) Submit evidence of such notification to the Federal Insurance Administration,
Federal Emergency Management Agency; and
(3) Assure that the flood carrying capacity within the altered or relocated portion of
said watercourse is maintained.
(d) Documentation of Flood Plain Development. Obtain and maintain for public inspection
and make available as needed the following:
(1) Certification required by sections 29.90.090(c)(1) and 29.90.105 (lowest floor
elevations),
(2) Certification required by section 29.90.090(c)(1) (elevation or floodproofing of
nonresidential structures),
(3) Certification required by section 29.90.090(c)(3) (wet floodproofing standard),
(4) Certification of elevation required by section 29.90.100(b) (subdivision
standards),
(5) Certification required by section 29.90.115(a) (floodway encroachments),
(6) Reports required by section 29.90.120(c) (mudflow standards).
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(e) Map Determinations. Make interpretations where needed, as to the exact location of
the boundaries of the areas of special flood hazard. Where there appears to be a conflict
between a mapped boundary and actual field conditions, grade and base flood
elevations shall be used to determine the boundaries of the special flood hazard area.
The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Division VI.
(f) Remedial Action. Take action to remedy violations of this ordinance as specified in
section 29.90.045.
29.90.085. Appeals.
The Town Council of the Town of Los Gatos shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination made by the Floodplain Administrator in
the enforcement or administration of this ordinance.
Division V
Provisions for Flood Hazard Reduction
29.90.090. Standards of Construction
In all areas of special flood hazards the following standards are required:
(a) Anchoring
(1) All new construction and substantial improvements shall be adequately anchored
to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall meet the anchoring standards of section 29.90.105.
(b) Construction materials and methods. All new construction and substantial iprovement
shall be constructed
(1) With flood resistant materials as specified in FEMA Technical Bulletin TB 2 -93,
and utility equipment resistant to flood damage;
(2) Using methods and practices that minimize flood damage;
(3) 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; and if
(4) Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
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(c) Elevation and floodproofing (see Division lI, Definitions, for "basement," "lowest
floor," "new construction," "substantial damage" & "substantial improvement ").
(1) Residential construction, new or substantial improvement, shall have the
lowest floor, including basement,
(a.) In an AO zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the
FIRM, or elevated at least two feet above the highest adjacent grade
if no depth number is specified.
(b) In an A zone, elevated to or above the base flood elevation; said base
flood elevation shall be determined by one of the methods in section
29.90.080(b).
(c) In all other Zones, elevated to or above the base flood elevation. Upon
the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional
engineer or surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall be
provided to the Floodplain Administrator.
(2) Nonresidential construction, new or substantial improvement, shall either
be elevated to conform with section 29.90.090(c)(1) or together with
attendant utility and sanitary facilities
(a) Be floodproofed below the elevation recommended under section
29.90.090(c)(1) so that the structure is watertight with walls
substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(c) Be certified by a registered professional engineer or architect that the
standards of this section (29.90.090(c)(2)) are satisfied. Such
certification shall be provided to the Floodplain Administrator.
(3) All new construction and substantial improvement with fully enclosed areas
below the lowest floor (excluding basements) that are usable solely for
parking of vehicles, building access or storage, and which are subject to
flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement shall follow the guidelines in FEMA
Technical Bulletins TB 1 -93 and TB 7 -93, and must exceed the following
minimum criteria:
(a) Have a minimum of two openings having a total net area of not less
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than one square inch for every square foot of enclosed area subject to
flooding. 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 floodwater; or
(b) Be certified by a registered professional engineer or architect.
(4) Manufactured homes shall also meet the standards in Section 29.90.105.
29.90.095. Standards for Utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate:
(1) Infiltration of flood waters into the systems, and
(2) Discharge from the systems into flood waters.
(b) On -site waste disposal systems shall be located to avoid impairment to them, or contamination
from them during flooding.
29.90.100. Standards for Subdivisions.
(a) All preliminary subdivision proposals shall identify the special flood hazard area and the
elevation of the base flood.
(b) All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site
is filled above the base flood elevation, the lowest floor and pad elevations shall be certified
by a registered professional engineer or surveyor and provided to the Floodplain
Administrator.
(c) All subdivision proposals shall be consistent with the need to minimize flood damage.
(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage.
(e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
Sec.29.90.105. Standards for Manufactured Homes.
(a) All manufactured homes that are placed or substantially improved, within Zones Al -30, AH,
and AE on the community's Flood Insurance Rate Map, on sites located
(1) Outside of a manufactured home park or subdivision,
(2) In a new manufactured home park or subdivision,
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(3) In an expansion to an existing manufactured home park or subdivision, or
(4) In an existing manufactured home park or subdivision on a site upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be
elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated to or above the base flood elevation and be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
(b) All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones Al -30, AH, AE, on the community's
Flood Insurance Rate Map that are not subject to the provisions of section 29.90.105(a) will
be securely fastened to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement, and be elevated so that either the
(1) Lowest floor of the manufactured home is at or above the base flood elevation or
(2) Manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade.
Upon the completion of the structure, the elevation of the lowest floor including basement
shall be certified by a registered professional engineer or surveyor, and verified by the
community building inspector to be properly elevated. Such certification and verification shall
be provided to the Floodplain Administrator.
Sec.29.90.110. Standards for Recreational Vehicles.
All recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's Flood
Insurance Rate Map will either:
(1) Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for
highway use — a recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick dis- connect type utilities and
security devices, and has no permanently attached additions, or
(2) Meet the permit requirements of Division IV and the elevation and anchoring
requirements for manufactured homes in section 29.90.105(a).
Sec.29.90.115. Floodways.
Located within areas of special flood hazard established in section 29.90.040 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, the following provisions
apply.
(a) Prohibit encroachments, including fill, new construction, substantial improvement, and other
new development unless certification by a registered professional engineer is provided
demonstrating that encroachments shall not result in any increase in [the base] flood elevation
during the occurrence of the base flood discharge.
(b) If Section 29.90.115(a) is satisfied, all new construction, substantial improvement, and other
proposed new development shall comply with all other applicable flood hazard reduction
provisions of Division V.
29.90.120. Mudslide (I.e., Mudflow) Prone Areas
(a) The Floodplain Administrator shall review permits for proposed construction and other
development to determine if it is proposed within a mudslide area.
(b) Permits shall be reviewed to determine that the proposed site and improvement will be
reasonably safe from mudslide hazards. Factors to be considered in making this determination
include but are not limited to:
(1) the type and quality of soils,
(2) evidence of ground water or surface water problems,
(3) depth and quality of any fill,
(4) overall slope of the site, and
(5) weight that any proposed development will impose on the slope.
(c) Within areas which may have mudslide hazards, the Floodplain Administrator shall require
that:
(1) a site investigation and further review be made by persons qualified in geology and soils
engineering;
(2) the proposed grading, excavation, new construction, and substantial improvement be
adequately designed and protected against mudslide damages;
(3) the proposed grading, excavations, new construction, and substantial improvement not
aggravate the existing hazard by creating either on -site of off -site disturbances; and
(4) drainage, planting, watering, and maintenance not endanger slope stability.
29.90.125. Flood - related Erosion -prone Area
(a) The Floodplain Administrator shall require permits for proposed construction and other
development within all flood- related erosion -prone areas as known to the community.
(b) Permit applications shall be reviewed to determine whether the proposed site alterations and
improvements will be reasonably safe from flood - related erosion and will not cause flood -
related erosion hazards or otherwise aggravate the existing hazard.
(c) If a proposed improvement is found to be in the path of flood - related erosion or would increase
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the erosion hazard, such improvement shall be relocated or adequate protective measures shall
be taken to avoid aggravating the existing erosion hazard.
(d) Within Zone E on the Flood Insurance Rate Map, a setback is required for all new
development from the ocean, lake, bay, riverfront or other body of water to create a safety
buffer consisting of a natural vegetative or contour strip. This buffer shall be designated
according to the flood - related erosion hazard and erosion rate, in relation to the anticipated
"useful life" of structures, and depending upon the geologic, hydrologic, topographic, and
climatic characteristics of the land. The buffer may be used for suitable open space purposes,
such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other
activities using temporary and portable structures only.
Division VI
Variance Procedure
29.90.130. Nature of Variances.
The issuance of a variance is for Floodplain Management purposes only. Insurance premium rates
are determined by statute according to actuarial risk and will not be modified by the granting of a
variance. The variance criteria set forth in this section of the ordinance are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in nature.
A variance may be granted for a parcel of property with physical characteristics so unusual that
complying with the requirements of this ordinance would create an exceptional hardship to the
applicant or the surrounding property owners. The characteristics must be unique to the property
and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the
property owners. It is the duty of the Town Council to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built below flood level
are so serious that variances from the flood elevation or from other requirements in the flood
ordinance are quite rare.
The long term goal of preventing and reducing flood loss and damage can only be met if variances
are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed
and contain multiple provisions that must be met before a variance can be properly granted. The
criteria are designed to screen out those situations in which alternatives other than a variance are
more appropriate.
29.90.135. Appeal Board.
In passing upon requests for variances, the Town Council shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this ordinance, and the:
(1) danger that materials may be swept onto other lands to the injury of others;
(2) danger of life and property due to flooding or erosion damage;
Al
(3) susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the existing individual owner and future owners of the property;
(4) importance of the services provided by the proposed facility to the community;
(5) necessity to the facility of a waterfront location, where applicable;
(6) availability of alternative locations for the proposed use which are not subject o
flooding or erosion damage;
(7) compatibility of the proposed use with existing and anticipated development;
(8) relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
(9) safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site; and
(11) costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical,
and water system, and streets and bridges.
29.90.140. Conditions for Variances
(a) Generally, variances may be issued for new construction, substantial improvement, and other
proposed new development to be erected on a lot of one -half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base flood level,
providing that the procedures of Division IV and V of this ordinance have been fully
considered. As the lot size increases beyond one -half acre, the technical justification required
for issuing the variance increases.
(b) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in
Division 11) upon a determination that the proposed repair or rehabilitation will not preclude
the structure's continued designation as an historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
(c) Variances shall not be issued within any mapped regulatory floodway if any increase in flood
levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is the "minimum
necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to
afford relief with a minimum of deviation from the requirements of this ordinance. For
example, in the case of variances to an elevation requirement, this means the Town Council
need not grant permission for the applicant to build at grade, or even to whatever elevation the
applicant proposes, but only to that elevation which the Town Council believes will both
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provide relief and preserve the integrity of the local ordinance.
(e) Any applicant to whom a variance is granted shall be given written notice over the signature
of a community official that:
(1) The issuance of a variance to construct a structure below the base flood level will result
in increased premium rates for flood insurance up to amounts as high as $25 for $100
of insurance coverage, and
(2) Such construction below the base flood level increases risks to life and property. It is
recommended that a copy of the notice shall be recorded by the Floodplain
Administrator in the Office of the Santa Clara County Recorder and shall be recorded
in a manner so that it appears in the chain of title of the affected parcel of land.
(f) The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Insurance Administration, Federal Emergency Management
Agency.
(g) Variances shall only be issued upon a
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the variance would result in exceptional "hardship"
(as defined in Division II) to the applicant; and
(3) Determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense, create a nuisance
(as defined in Division II, see Public safety or nuisance), cause fraud or victimization
(as defined in Division II) of the public, or conflict with existing local laws or
ordinances.
(h) Variances may be issued for new construction, substantial improvement, and other proposed
new development necessary for the conduct of a functionally dependent use provided that the
provisions of sections 29.90.140(a) through 29.90.140(e) are satisfied and that the structure
or other development is protected by methods that minimize flood damages during the base
flood and does not result in additional threats to public safety and does not create a public
nuisance.
(i) Upon consideration of the factors of section 29.90.135 (a) and the purposes of this ordinance,
the Town Council may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on February 18, 2003, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a
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regular meeting of the Town Council of the Town of Los Gatos on March 3, 2003. This Ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOVOF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
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