Ordinance 1980-23 ORDINANCE NO. 80-23
AN ORDINANCE OF THE CITY OF GILROY COMPLYING WITH
LAND MANAGEME~Ff CRITERIA AS SET FORTIt IN PART 1910
OF THE NATIONAL FLOOD INSURANCE PROGRAM.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
SECTION 1 STATUTORY AUTIIORITY, FINDINGS OF FACT AND PURI?OSES
1.1 Statutory Authorization
The legislature of the State of California ]las in its Government Code and tIealth
and Safety Code delegated the responsibilSty to loc'al governmental units to adopt
regulations designed to promote the publi~ health, safety, and general welfare of
its citizenry. Therefore, the City Council of the City of Gilroy does ordain tile
following ordinance:
1.2 Findings of Fact
The flood hazard areas of the City of GilCoy are subject to periodic innundation
which may result ~n loss of life and prop~:rty, health and saf~ty hazards, di.~rup-
tion of commerce and governmental serviceS, extraordinary public expenditures for
flood protection and relief, and impairment of the t,'~x base, all of which odversely
affect the public health, safety, and gen~.ral welfare.
1.3 Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety, and gen-
eral welfare, and to minimize public and ~rivate losses due to flood conditions in
specific areas'by provisions designed to:
a. protect human life and health,
b. protect lands adjacent to the flood pilain, as well as both upstream and down-
stream areas, from increases in f]_ooding.
c. reduce costs to the City of Gilroy thiat would result from flooding ;~nd dc,ve]op-
ment in flood hazard areas,
d. control development that will contrib~te to a demand for public investment in
flood control, works,
e. control development that will contriblute to flood losses if public streets,
sewers, water, and other utilities muist be expanded to serve the development,
f. Assure that eligibility is maintained! for property owners 5n the community to
purchase flood insurance in the Federal Flood Insurance Program.
SECTION 2 DEFINITIONS
Unless specifically defined below, words !or phrases used in this ordinance shall
be interpreted so as to give them the san{e meaning as they have in common usage
and so as to give this ordinance its mosq reasonab].e app].ication.
"Area of Shallow Flooding" - means a desi]gnated AO zone on the Flood Insur-
ance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly.
defined channel does not exist; the path iof flooding is unpredictable and indeter-
minate; and velocity flow may be evident.,
"Area of Special Flood tlazard" - means land in the flood plain which is designated as
a numbered or unnumbered A zone on the Flood Insurance Rate Map (FII~). This ]and
within a community is subject to a one percent (].%) or greater chance of flooding in'
any given year.
ORDINANCE NO. 80-23 -1-
"Base Flood" - means the flood having a ~ne percent (1%) chance of being equalled
or exceeded in any given year.
"Development" - means any man-made chang~ to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, fil-
ling, grading, paving, excavat~on or dri
of special flood hazard.
"Flood Insurance Rate Map (FIRM)" - mean
Insurance Administration has delineated
and the risk premium zones applicable to
"Flood Insurance Study" - means the offi
ance Administration that includes flood
[ling operations located within the area
~he official map on which the Federal
~oth' the aruas'~ of special flood hazard~
the community.
:ial report provided by the Federal Insur-
~rofiles, the Flood Bo~n~dary-Floodway Map,
and the water surface elevation of the base flood.
"Floodplain or Flood-prone Area" - means any land area that is susceptab]e to in-
nundation by water from any source.
"Flood-proofing" - means any combinationi of structural and non-structural addi-
tions, changes or adjustments to structures, including utility and sanitary facil-
ities, which would preclude the entry of[water.' Structural component~ shall have
the capability of resisting hydrostatic and hydrodynamic ]_oads and th= effect of
buoyancy.
"Floodway or Regulatory Floodway" - mean~ that portion of the flood plain (usually
a broad channel) required ~n order to discharge thc 100 year flood w~thout raising
the water surface elevation (i.e. causing floodwaters to back up) more than one
foot above the base flood level at any point.
"Habitable Floor" - means any floor usablle for living purposes, which includes
working, sleeping, eating, cooking or reicreation, or a combination thereof. A
floor used only for storage purposes is not a "habitable floor".
"Substantial Improvement" - means an~ repair, reconstruction, or improvement of a
structure, the cost of which equals or e~xceeds 50 per cent of the market value of
the structure either (a) before the i. mp~ovement is startc, d or (b) Jf thc ~ructurc
has been damaged and is being restored, before the damage occurred. For thc. pur-
pose of this definition "substantial improvement" is considered to occur wl~ez~ the
first alteration commences. The term dqes not, however, include any alteration to
comply with existing state or local health, sanitary, building or safety codes or
regulations. I
'SECTION 3 GENERAL PROVISIONS
3.1 Lands to Which This Ordinance Appl~e~
This ordinance shall apply to all areaslof special flood hazards within the juris-
diction of the City of Gilroy.
3.2 Establishment of Official Flood Identification Map
The official Flood Identification Map, gogether with all explanatory material
therein, is hereby adopted by reference !and declared to be a part of this ordin-
ance. The official Map shall be the m~St recently adopted Flood Insurance Rate
Map (FIRM) which ~s issued by the Federal Insurance Administration. This map is
on file at the Department of Planning of the City of Gilroy, California.
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 ap-
plicable regulations.
ORDINAI~CE NO. 80-23 -2-
3.4 AbrOgation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing ease-
ments, covenants, or deed restrictions, i However, where this ordinance, easement,
covenant, or deed restriction conflicts ior overlaps, whichever imposes the more
stringent restrictions shall prevail. I
3.5 Interpretation
In their interpretations and applicatioN, the provisions of this ordinance shall
be b~ld to be minimum requirements.
3.6 Warning and Disclaimer of Liabilityi
The degree of flood protection required bY this ordinance is considered reasonable
for regulatory purposes and is based on hngineer~ng and scientific means of study.
Larger floods may occur or flood 'heightsi may be increased by man-made or natural
causes. This ordinance does not imply that areas outside the general flood plain
district boundaries or land uses permitted within such district will be free from
flooding or flood damages. This ordinance shall not create liability on the part of
the City of Gilroy, or any other officer~or employee thereof for any damages that
result from reliance on this ordinance or any administrative decision made law-
fully thereunder.
SECTION 4 ADMINISTRATION
4.1 Development Permit
A development permit shall be obtained b~fore construction or development begins
within any area of special flood hazard. Permit application shall be made to the
Director of Public Works and include such information as deemed necessary by the
Director.
The applicant shall be responsible for obtaining all State, Federal and local per-
mits necessary for the-proposed development.
The f~llowing specific information'is required:
a. proposed elevation in relation to mean sea level, of the lowest floor (in-
cluding basement) of all structures;~in zone AO elevation of existing grade
and proposed elevation of lowest floor of all structures,
b. proposed elevation in relation to mean sea level to which any structure will
be floodproofed,
c. certification of a registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet criteria in Sec-
tion 5, and
d. description of the extent to which any water course will be altered or relo-
cated as a result of proposed development.
4.2 Designation of Director of Public W~rks
The Director of Public Works is hereby appointed to administer and implement this
ordinance by granting or denying development permit applications in accordance
with its provisions.
4.3 Duties and Responsibilities of the Director of Public Works
Duties of the Director of Public Works s~all include, but are not limited to:
a. Review all development permits to determine that the permit requirements of
this ordinance have been satisfied,
b. review all permits to determine thatithe site is reasonably safe from flood-
ing,
c. review all development permits to de~ermine° if the proposed development ad-
versely effects the flood carrying capacity of the area of special flood
hazard, and
d. obtain and maintain for public revie~ and make available for needed Flood
Insurance Policies the elevations of new structures and flood-
proofing certifications as required in Section 5.
ORDINANCE NO. 80-23 -3-
4.4 Use of Other Base Flood Data
When base flood elevation data has not b~en provided ~n accordance with Section
3.2, basis for establishing the areas of
Public Works shall obtain, review, and r~
tion data available from a federal, state
ter Section 5.
4.5 Alteration of Watercourses
a. Prior to the alteration or relocatior
ties and the Department of Water Res¢
copies of such notification sent to t
b. No alteration or relocation of any w~
any way decreases the flood-carrying
4.6 Appeal Procedure
Any person aggrieved of the determinatio~
Special Flood Hazard, the Director of
asonably utilize any base flood eleva-
, or other source, in order to admJnis-
of any watercourse, a~]jacent comm~ni-
urces shall be notified, along with
h~ Fedora] In~;urancc A(t~rin:Jstration.
t~rcourse shall, bo permitted that in
cjpacity of such watercourse.
of the Director of Public Works,
regards to this ordinance, may make an agpeat in writing to the City Council.
4.7 Enforcement
Violation of the provisions of this ordin
its requirements shall constitute a misde
ordinance or fails to comply with any of
thereof, be subject to fine and shall pay
the case. Each day such violation contin
lense.
SECTION 5 PROVISIONS FOR FLOOD HAZARD
Central Standards u In all areas of speci
ance or failure to comply with any of
meanor. Any person who violates this
its requirements shall upon convict~ion
all costs and expenses invo].ved in
ues shall be considered a separate of-
EDUCTION
al flood hazards (all numbered and un-
numbered A zones).the following standardsl are required:
5.1 Residential Development
and s bstantial improvements
a. All new residential structures~ust t~ve the lowest floor elevated at least
one foot above the base flood level. ! ~ere the base flood elevation is not
indicated, the lowest floor must be ~levated above the crown of the nearest
street.
b. All new construction and substantial iimprovements shall be anchored ~o pre-
vent flotation, collapse or lateral mow~ment of the structure, with mater-
ials and utility equipment resistant ~to flood damage.
c. All new subdivision proposals shall hiave adequate drainage provided to re-
duce exposure to flood damage.
d. All new subdivision proposals shall iidentify the flood hazard area and the
elevation of the base flood.
e. Ail subdivision plans will provide thle elevation of proposed structures and
pads. If the site is filled above thle base flood, the final pad elevation
shall be certified by a registered prlof~ssional engineer or surveyor.
f. All new structures and substantial improvements shall be constructed using
methods and practices that minimize f~ood damage.
5.2 Mobile Homes
a.
Ail new mobile homes shall be anchored to resist flotation, collapse, or
lateral movement by providing an anchoring system to withstand horizontal
forces of 25 pounds per square foot and uplift forces of 15 pounds per
square foot.
All new mobile homes shall be placedlon pads or lots elevated on compacted
fill o~ on pilings so that the lowes~ floor of the mobile home is at or
above base flood level.
No mobile home shall be placed in a ~loodway.
All mobile home parks and subdivisiohs must provide adequate surface drainage.
ORDINANCE NO. 80-23 -4-
5.3
5.4
Non-Residential Development
Ail new non-residential structures a~d substantial improvements must have the
lowest floor, including the basementi elevathd or floodproofed at least one
foot above the base flood level; or itogether with attendent utility and san-
itary facilities, must be structurally watertight, with wol].s that are sub-
stantially impermeable and capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
Ail new construction and substantial
vent flotation, collapse or lateral
and utility equipment resistant to f
Ail new structures and substantial i
methods and practices that minimize
improvcments shall be anchored to pre-
novement of the structure, with materials
]ood dam~ge.
nprovements shall be construct:ed using
flood damage.
When floodproofing is used, certification by a professional engineer or arch-
itect is required.
Utilities
All new water and sewer systems shal!l be designed to eliminate or minimize
infiltration of flood waters.
All new on-site waste disposal systems shall.be designed to avoid contamina-
tion and impairment frown flooding.
c. All new public utilities and fac~li ies such as sewer, gas, electrical, and
water systems shall be located and on~structed to minimize or eliminate flood
damage for all new developments in flood-prone areas.
5~.'~ Construction Within Floodways ~
Floodways are designated on the Flood Insurance Study or Floodway/Flood Boundary
Map within areas of special flood hazard[, of this ordinance. Since the floodway
is an extremely hazardous area due to thh velocity of flood waters which carry
debris, potential projectiles, and erosi[on potential, the following provJsions
This is an Emergency Oridinance which shall take effect
immediately upon its passage and approval. The facts and circum-
stances giving rise to the emergency are as follows:
Adoption of this Ordinance to take effect prior to
August 1, 1980, i~ neceis~ary to maintain the City's
eligibility under the National Flood Insurance p~o-
gram. Under normal adoption procedures, this
Ordinance would not be !effective until August 20,
1980. For the general ~elfare of the community
this Ordinance ~hould ~ake effect in~nediately and
prior to August 1, 198~, so as to qualify residents
to lo,er insurance premiums under the program.
This Ordinance was intz
passed and adopted to become ef
oduced as an emergency measure and
fective immediately and ordered
ORDINanCE NO. 80-23 -5-
published by title and summary in accordance with provisions of
the City Charter at a regular s~
on the 21st day of July, 1980,
AYES:
COUNCIL}~MBER
NOES:
COUNCILMEMBER
~ssion of the City Council held
,y the following vote:
: ALBERT, CUNNINGHAM, HUGHAN,
LINK, PATE and GOODRICH
NONE
ABSENT: COUNCILMEMBERS: TAYLOR
APPROVED:
ATTEST:
ORDINANCE NO. 80-23 -6-
I, SUSANNE E. STEINMETZ~ City!Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance
duly adopted by the Council of the
sald Council held on the 21St da
meeting a quorum was present.
IN WlTNE55 WHEREOF, I have he
official seal of the City of Gllroy
City Clerk of ~he Ci · ' ....
ty~of Gilroy
(Seal)
No. 80-23 is an original ordinance,
ity of Gilroy at a regular meeting of
of July . , , ICj 8~0, at which
~eu~to set my hand and affixed the
this 23rd day of July