Ordinance 2017-01ORDINANCE NO. 2017-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
REPEALING ORDINANCE NO. 98 -17 ENTITLED " FLOODPLAIN
MANAGEMENT ORDINANCE" IN ITS ENTIRETY AND CREATING A
NEW CHAPTER 27E OF THE GILROY CITY CODE ENTITLED "CITY
OF GILROY FLOODPLAIN MANAGEMENT ORDINANCE"
WHEREAS, the City of Gilroy ( "City ") recognizes that the Legislature of the State of
California has in Government Code Sections 65302, 65560, and 65800 conferred upon local
governments the authority to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry; and
WHEREAS, it is the purpose and intent of the City to hereby adopt the following
floodplain management regulations; and
WHEREAS, the City finds that flood hazard areas of the City of Gilroy 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; and
WHEREAS, the City further finds that 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
contributes to flood losses; and
WHEREAS, the Council finds that adoption of this Ordinance is exempt from review
under the California Environmental Quality Act (CEQA) as an action taken by a regulatory
agency to protect the environment (CEQA Guidelines Section 15308).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
That the existing Ordinance No. 98 -17, adopted September 8, 1998, entitled " F000dplain
Management Ordinance" is hereby repealed in its entirety; and,
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SECTION II
That Gilroy City Code Chapter 27E entitled "City of Gilroy Floodplain Management
Ordinance" is hereby adopted to read as follows:
CHAPTER 27E
"CITY OF GILROY FLOODPLAIN MANAGEMENT ORDINANCE"
SECTION 27E.1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
27E.1.1 STATUTORY AUTHORIZATION.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and
65800 conferred upon local governments the authority to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the
City of Gilroy does hereby adopt the following floodplain management regulations.
27E.1.2 FINDINGS OF FACT.
A. The flood hazard areas of the City of Gilroy 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 contributes to
flood losses.
27E.1.3 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 legally
enforceable regulations applied uniformly throughout the community to all publicly and
privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas.
These regulations are 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.
27E.1.4 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this ordinance includes regulations 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 floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which may increase flood
damage;
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas; and
SECTION 27E.2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
"A zone" see "Special flood hazard area ".
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in
value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
"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.
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"Area of special flood hazard" See "Special flood hazard area."
"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.
"Base flood elevation (BFE)" means the elevation shown on the Flood Insurance Rate Map for
Zones AE, AH, Al -30, VE and V1 -V30 that indicates the water surface elevation resulting from
a flood that has a 1- percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its lowest floor more than two feet subgrade
- i.e., below ground level - on all sides.
"Biennial report" means the report completed by communities participating in the National
Flood Insurance Program that describes the community's progress in the previous two years in
implementing floodplain management measures and on its needs for re- mapping and technical
assistance. This report is submitted annually or biennially as determined by the administrator of
the National Flood Insurance Program.
"Building" see "Structure ".
"Conditional letter of map revision ( CLOMR)" means FEMA's comment on a proposed
project that would, upon construction, affect the hydrologic or hydraulic characteristics of a
flooding source and thus result in the modification of the existing regulatory floodway, the
effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The CLOMR
does not revise an effective NFIP map. The CLOMR indicates whether the project, if built as
proposed, would be recognized by FEMA.
" Crawlspace" means the enclosed area contained inside the foundation walls and below the
habitable floor of a structure. Crawlspaces having the lowest floor two feet or less below grade
level on all sides shall not be considered a basement.
"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 July 21, 1980.
"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
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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).
"Flood, flooding, or flood water" means:
1. 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 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.
"Floodplain or flood prone area" means any land area susceptible to being inundated by water
from any source - see "Flooding."
"Floodplain Administrator" is the community official designated by title to administer and
enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and
preventive 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.
" Floodproofimg" 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. For guidelines on dry and
wet floodproofing, see FEMA Technical Bulletins TB 1 -93, TB 3 -93, and TB 7 -93, and
subsequent amendments and/or revisions thereto.
1. "Dry floodproofing" means floodproofing measures that are designed to prevent
flood waters from entering a structure. Dry floodproofing techniques may include,
but are not limited to, installation of closure and sealants, watertight walls, small
floodwalls or levees, flood shields, and watertight doors.
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2. "Wet floodproofing" means floodproofing measures that minimize damage to a
structure and its contents from flood water that is allowed into the structure
"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 Section 6.0 of this ordinance, means that the variance
granted must not cause fraud on or victimization of the public. In examining this requirement,
the City Council of the City of Gilroy will consider the fact that every newly constructed
building adds to government responsibilities and remains a part of the community for fifty to one
hundred 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 Section 6 of this ordinance means the exceptional hardship that would
result from a failure to grant the requested variance. The City Council of the City of Gilroy
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 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:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
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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.
"Letter of map revision (LOMR)" means FEMA's modification to an effective Flood
Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMR's
are generally based on the implementation of physical measures that affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area
(SFHA). The LOMR officially revises the FIRM or FBFM, and sometimes the flood insurance
study (FIS) report, and when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM,
FBFM, or FIS report.
"Letter of map revision based on fill (LOMR -F)" means FEMA's modification of the SFHA
shown on the FIRM based on the placement of fill outside the existing regulatory floodway.
"Levee" means a manmade 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 flood openings standard in Section 5.1.C.3;
b. The anchoring standards in Section 5.1.A;
The construction materials and methods standards in Section 5.1.B; and
d. The standards for utilities in Section 5.2.
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"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" means the current estimated fair market value of a structure, excluding the
current estimated fair market value of the land on which the structure is located and the current
estimated fair market value of any landscaping, and any detached accessory structures on such
land. Market value shall be determined by using one of the following methods:
1. Using the current tax assessed value of the structure (for preliminary estimating)
as provided by the Santa Clara County Tax Assessor's office where the cost of the
proposed improvement to the structure does not exceed forty percent. In the event
the cost of the improvement to the structure exceeds forty percent of the current
tax assessed value of the structure, the market value shall be estimated using any
of the methods below.
2. 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.
3. Using an independent appraisal prepared by a qualified professional appraiser that
is based on a building cost estimating method recognized by the building
construction industry. The appraisal shall be reviewed and accepted by the
Floodplain Administrator.
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, North American Vertical Datum (NAVD) of 1988,
or other datum, to which base flood elevations shown on a community's Flood Insurance Rate
Map are referenced.
"Mixed -use structure" means any structure that has only nonresidential uses in areas of the
structure at or below the base flood elevation, but has residential uses in areas of the structure
above the base flood elevation with access to residential uses dry floodproofed.
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"New construction ", for floodplain management purposes, means structures for which the "start
of construction" commenced on or after July 21, 1980, 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 July 21, 1980.
"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, or its likelihood of being carried downstream.
"One hundred year flood" or "100 year flood" - see "Base flood."
"Program deficiency" means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations.
"Public safety and nuisance" as related to Section 6 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.
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"Repetitive loss" means Flood- related damages sustained by a structure on two separate
occasions during a 10 -year period for which the cost of repairs at the time of each such event, on
the average, equals or exceeds 25 percent of the market value of the structure before the damage
occurred.
"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 floodplain 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, or, 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 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:
1. 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; or
2. Flood- related damages sustained by a structure on two separate occasions during
a 10 -year period for which the cost of repairs at the time of each such event, on
the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred. This is also known as "repetitive loss."
"Substantial improvement" means any combination of repairs, reconstruction, rehabilitation,
addition, or other improvement of a structure taking place during a five -year period, the
cumulative cost of which equals or exceeds 50 percent of the market value of the structure before
the "start of construction" of the improvement. For each structure, the five -year period begins on
the date of the first improvement or repair of that structure subsequent to the effective date of
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this ordinance. 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, North American Vertical Datum (NAVD) of 1988, or other datum, of
floods of various magnitudes and frequencies in the floodplains 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.
SECTION 27E.3.0
GENERAL PROVISIONS
27E.3.1 LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City
of Gilroy.
27E.3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management Agency
(FEMA) in the "Flood Insurance Study (FIS) for Santa Clara County, California and
Incorporated Areas" dated May 18, 2009, with accompanying Flood Insurance Rate Maps
(FIRM'S) and Flood Boundary and Floodway Maps (FBFM's), dated May 18, 2009, 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 City Council of the City of Gilroy by the
Floodplain Administrator. The studies include the Uvas Creek Overflows Floodplain
Management Study dated November 13, 1995, and subsequent amendments and/or revisions
thereto. The studies, FIRM's and FBFM's are on file at the Department of Public Works.
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27E.3.3 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) shall constitute
a misdemeanor. Nothing herein shall prevent the City Council of the City of Gilroy from taking
such lawful action as is necessary to prevent or remedy any violation.
27E.3.4 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.
27E.3.5 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 governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
27E.3.6 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man made or natural causes. This
ordinance does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of the City Council of the City of Gilroy, any officer or employee thereof, the
State of California, or the Federal Emergency Management Agency, for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made hereunder.
27E.3.7 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.
SECTION 27E.4.0
ADMINISTRATION
27E.4.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The Director of Public Works or his or her designee is hereby appointed to administer,
implement, and enforce this ordinance by granting or denying development permits in accord
with its provisions.
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27E.4.2 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:
1. Permit requirements of this ordinance have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
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. This means that the cumulative effect of the
proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation of
the base flood more than 1 foot at any point within the City of Gilroy; and
5. All Letters of Map Revision (LOMR's) for flood control projects are
approved prior to the issuance of building permits. Building Permits must
not be issued based on Conditional Letters of Map Revision (CLOMR's).
Approved CLOMR's allow construction of the proposed flood control
project and land preparation as specified in the "start of construction"
definition.
B. Development of Substantial Improvement and Substantial Damaee
Procedures.
1. Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," develop detailed procedures for
identifying and administering requirements for substantial improvement
and substantial damage, to include defining "Market Value."
2. Assure procedures are coordinated with other departments /divisions and
implemented by community staff.
C. Review, Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with Section
3.2, 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 Section 5.
All new developments located in an area without a base flood elevation specified
on the FIRM shall provide the Floodplain Administrator with a proposed base
flood elevation from an acceptable source. At the discretion of the Floodplain
Administrator, the applicant may be required to provide a hydrologic and
hydraulic engineering analysis that generates base flood elevations and floodway
boundaries for the development proposal. The applicant shall be responsible for
the peer review costs associated with the Floodplain Administrator's review of the
flood analysis.
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NOTE: A base flood elevation may be obtained using one of two methods from
the FEMA publication, FEMA 265, "Managing Floodplain Development in
Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -
year) Flood Elevations" dated July 1995, and subsequent amendments and /or
revisions thereto.
D. Notification of Other Agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency; and
C. Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator
shall submit or assure that the permit applicant submits technical or
scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR's for flood control projects are approved prior to the
issuance of building permits. Building Permits must not be issued
based on Conditional Letters of Map Revision (CLOMR's).
Approved CLOMR's allow construction of the proposed flood
control project and land preparation as specified in the "start of
construction" definition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and
floodplain management requirements are based on current data.
3. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of the
community clearly delineating the new corporate limits.
E. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the
following:
1. Certification required by Section 5.1.C.1 and Section 5.4 (lowest floor
elevations);
2. Certification required by Section 5.1.C.2 (elevation or floodproofing of
nonresidential and mixed -use structures);
3. Certification required by Sections 5.1.C.3 (wet floodproofing standard);
4. Certification of elevation required by Section 5.3.A.3 (subdivisions and
other proposed development standards);
5. Certification required by Section 5.6.B (floodway encroachments); and
6. 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 Emergency Management Agency.
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F. Map Determination.
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. The person contesting the location
of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 4.4.
G. Remedial Action.
Take action to remedy violations of this ordinance as specified in Section 3.3.
H. Biennial Report.
Complete and submit Biennial Report to FEMA.
I. Planning.
Assure community's General Plan is consistent with floodplain management
objectives herein.
27E.4.3 DEVELOPMENT PERMIT.
A development permit shall be obtained before any construction or other development, including
manufactured homes, within any area of special flood hazard established in Section 3.2.
Application for a development permit shall be made on forms furnished by the City of Gilroy.
The applicant shall provide the following minimum information:
A. Plans drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or
proposed structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 3.2 or Section
4.2.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
nonresidential or mixed -use structure will be floodproofed, as required in
Section 5. l .C.2 of this ordinance and detailed in FEMA Technical Bulletin
TB 3 -93 and subsequent amendments and/or revisions thereto.
B. Certification from a registered civil engineer or architect that the nonresidential or
mixed -use, floodproofed building meets the floodproofing criteria in Section
5.1.C.2.
C. For a crawlspace foundation, location and total net area of foundation openings (if
applicable) as required in Section 5.1.C.3 of this ordinance and detailed in FEMA
Technical Bulletins 1 -93 and 7 -93, and subsequent amendments and/or revisions
thereto. Refer to Section 5.1.C.6 for additional requirements for crawlspaces.
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D. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
E. All appropriate certifications listed in Section 4.2.E of this ordinance.
F. Additional, special flood studies as required by the Floodplain Administrator.
27E.4.4 APPEALS.
The City Council of the City of Gilroy 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.
SECTION 27E.5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
27E.5.1 STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvements of structures, including
manufactured homes, 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.
B. Construction Materials and Methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
1. With flood resistant materials, and utility equipment resistant to flood
damage for areas below the base flood elevation;
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
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.
C. Elevation and Floodproofing.
1. Residential construction.
All new construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
a. In AE, AH, A 1 -30 Zones, elevated at least one foot above the base
flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a
height of at least one foot above the depth number specified in feet
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on the FIRM, or elevated at least 3 feet above the highest adjacent
grade if no depth number is specified.
C. In an A zone, without BFE's specified on the FIRM [unnumbered
A zone], elevated at least one foot above the base flood elevation
determined under Section 4.2.C.
Upon the completion of the structure, the elevation of the lowest floor,
including basement, shall be certified by a registered civil engineer or
licensed land surveyor, and verified by the Floodplain Administrator to be
properly elevated. Such certification and verification shall be provided to
the Floodplain Administrator.
2. Nonresidential and Mixed -use construction.
All new construction or substantial improvements of nonresidential or
mixed -use structures shall either be elevated to conform with Section
5.1.C.1 or:
a. Be dry floodproofed, together with attendant utility and sanitary
facilities, below the elevation recommended under Section 5.I.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 civil engineer or architect that the
standards of Section 5.1 C.2.a & b are satisfied. Such certification
shall be provided to the Floodplain Administrator.
3. Flood openings.
All new construction and substantial improvements of structures 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 provide wet
floodproofing and shall automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Designs
for meeting this requirement must meet the following minimum criteria:
a. For non - engineered openings:
1. Have a minimum of two openings on different sides having
a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot
above grade;
3. Openings may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit the
automatic entry and exit of floodwater; and
4. Buildings with more than one enclosed area must have
openings on exterior walls for each area to allow flood
water to directly enter; or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes.
a. See Section 5.4.
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5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed
with the garage floor slab below the base flood elevation,
must be designed to allow for the automatic entry of flood
waters. See Section 5.1.C.3. Areas of the garage below the
base flood elevation must be constructed with flood
resistant materials. See Section 5.1.B.
2. A garage attached to a nonresidential structure must meet
the above requirements or be dry floodproofed. For
guidance on below grade parking areas, see FEMA
Technical Bulletin TB -6, and subsequent amendments
and/or revisions thereto.
b. Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (2 -car
detached garages or smaller) or limited storage (small, low -
cost sheds), as defined in Section 2, may be constructed
such that its floor is below the base flood elevation,
provided the structure is designed and constructed in
accordance with the following requirements:
a) Use of the accessory structure must be limited to
parking or limited storage;
b) The portions of the accessory structure located
below the base flood elevation must be built using
flood - resistant materials;
C) The accessory structure must be adequately
anchored to prevent flotation, collapse and lateral
movement;
d) Any mechanical and utility equipment in the
accessory structure must be elevated or
floodproofed to or above the base flood elevation;
e) The accessory structure must comply with
floodplain encroachment provisions in Section 5.6;
and
f) The accessory structure must be designed to allow
for the automatic entry of flood waters in
accordance with Section 5.1.C.3.
2. Detached garages and accessory structures not meeting the
above standards must be constructed in accordance with all
applicable standards in Section 5.1.
6. Crawlspace Construction.
This sub - section applies to buildings with crawlspaces up to 2 feet below
grade. Below -grade crawlspace construction in accordance with the
requirements listed below will not be considered basements.
a. The building must be designed and adequately anchored to resist
flotation, collapse, and lateral movement of the structure resulting
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from hydrodynamic and hydrostatic loads, including the effects of
buoyancy. Crawlspace construction is not allowed in areas with
flood velocities greater than 5 feet per second unless the design is
reviewed by a qualified design professional, such as a registered
architect or professional engineer;
b. The crawlspace is an enclosed area below the BFE and, as such,
must have openings that equalize hydrostatic pressures by allowing
for the automatic entry and exit of floodwaters. For guidance on
flood openings, see FEMA Technical Bulletin 1 -93 and subsequent
amendments and/or revisions thereto;
C. Crawlspace construction is not permitted in V zones. Open pile or
column foundations that withstand storm surge and wave forces
are required in V zones;
d. Portions of the building below the BFE must be constructed with
materials resistant to flood damage. This includes not only the
foundation walls of the crawlspace used to elevate the building, but
also any joists, insulation, or other materials that extend below the
BFE; and
e. Any building utility systems within the crawlspace must be
elevated above BFE or designed so that floodwaters cannot enter
or accumulate within the system components during flood
conditions.
f. Requirements for all below -grade crawlspace construction, in
addition to the above requirements, to include the following:
1. The interior grade of a crawlspace below the BFE must not
be more than 2 feet below the lowest adjacent exterior
grade (LAG), shown as D in figure 3 of Technical Bulletin
11 -01 and subsequent amendments and/or revisions thereto;
2. The height of the below -grade crawlspace, measured from
the interior grade of the crawlspace to the top of the
crawlspace foundation wall must not exceed 4 feet (shown
as L in figure 3 of Technical Bulletin 11 -01) at any point;
3. There must be an adequate drainage system that removes
floodwaters from the interior area of the crawlspace within
a reasonable period of time after a flood event, not to
exceed 72 hours; and
4. The velocity of floodwaters at the site should not exceed 5
feet per second for any crawlspace. For velocities in excess
of 5 feet per second, other foundation types should be used.
27E.5.2 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.
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B. On site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
27E.5.3 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED
DEVELOPMENT.
A. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood
Elevations (BFE) as specified in Section 3.2 or Section 4.2.C.
2. Identify the elevations of lowest floors of all proposed structures and pads
on the final plans.
3. If the site is filled above the base flood elevation, the following as -built
information for each structure shall be certified by a registered civil
engineer or licensed land surveyor and provided as part of an application
for a Letter of Map Revision based on Fill (LOMR -F) to the Floodplain
Administrator:
a. Lowest floor elevation.
b. Pad elevation.
C. Lowest adjacent grade.
B. All subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
D. All subdivisions and other proposed development shall provide adequate drainage
to reduce exposure to flood hazards.
27E.5.4 STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed or substantially improved, on sites
located: (1) outside of a manufactured home park or subdivision; (2) in a new
manufactured home park or subdivision; (3) in an expansion to an existing
manufactured home park or subdivision; or (4) in an existing manufactured home
park or subdivision upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall:
1. Within Zones Al 30, AH, and AE on the community's Flood Insurance
Rate Map, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated at least one foot 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, and
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AE on the community's Flood Insurance Rate Map that are not subject to the
provisions of Section 5.4.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 least one foot 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 civil engineer or licensed land
surveyor, and verified by the community building inspector to be properly
elevated. Such certification and verification shall be provided to the Floodplain
Administrator.
27E.5.5 STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed in Zones Al -30, AH, and AE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. 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 disconnect type utilities and security devices, and
has no permanently attached additions; or
3. Meet the permit requirements of Section 4.3 of this ordinance and the
elevation and anchoring requirements for manufactured homes in Section
5.4.
27E.5.6 FLOODWAYS.
Since floodways are an extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles, and erosion potential, the following provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within
Zones Al -30 and AE, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other development, will not
increase the water surface elevation of the base flood more than one foot at any
point within the City of Gilroy.
B. Within an adopted regulatory floodway, the City of Gilroy shall prohibit
encroachments, including fill, new construction, substantial improvements, and
other development, unless certification by a registered civil engineer is provided
demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
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C. If Sections 5.6.A & B are satisfied, all new construction, substantial improvement,
and other proposed new development shall comply with all other applicable flood
hazard reduction provisions of Section 5.
27E.5.7 ENGINEERED FILL.
All proposed developments with engineered fill within a special flood hazard area shall follow
the guidelines for ensuring that structures built on fill are reasonably safe from flooding, see
FEMA Technical Bulletin TB 10 -01, and subsequent amendments and/or revisions thereto.
SECTION 27E.6.0
VARIANCE PROCEDURE
27E.6.1 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 City Council of the City of Gilroy 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.
27E.6.2 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
Sections 4 and 5 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.
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B. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in Section 2 of this ordinance) 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 City Council of the City of Gilroy 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 City Council believes
will both 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 Emergency Management Agency.
27E.6.3 APPEAL BOARD.
A. In passing upon requests for variances, the city's designated appeal board shall
follow the administrative process for appeals and 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;
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;
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5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not
subject to 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.
B. 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" 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 (see "Public safety and nuisance "), cause
"fraud and victimization" of the public, or conflict with existing local laws
or ordinances.
C. 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 6.3.A through 6.3.1) 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.
Upon consideration of the factors of Section 6.2.A and the purposes of this ordinance, the city's
designated appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
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SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after its passage and
adoption.
PASSED AND ADOPTED this 9th day of January 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER,
LEROE- MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROV D:
Rolan Velasco, Mayor
ATTEST/,
Freels, City Clerk
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2017 -01 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 9th day of January, 2017, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 100' day of January, 2017.
Clerk of the City of Gilroy
(Seal)