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