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Ordinance 1987-04 ORDINANCE NO. 87-4 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE FLOOD PLAIN MANAGEMENT ORDINANCE SO AS TO CONFORM TO FEDERAL REQUIREMENTS THE CITY COUNCIL OF THE CI%"f OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: That attached hereto and incorporated herein by reference as Exhibit "A" is an amended FLOOD PLAIN MANAGEMENT ORDINANCE, consisting of 9 pages, having been amended so as to conform to federal requirements which is hereby adopted to apply in the City of Gilroy. SECTION II: Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION III: This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 2nd day of March, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ALBERT, GAGE, KLOECKER MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE APPROVED ATTESt: . ORDINANCE NO. 87-4 CITY OF GILROY FLOOD PLAIN MA~NAGEM~NT ORDINANCE Adopted 7/21/80 - Ordinance No. 80-23 Amended 3-2-87 - Ordinance No. 87-4 kN ORDINANCE OF THE CITY OF GILROY, CALIFORNIA, TO COMPLY WITH LAND MANAGEMENT CRITERIA AS SET FORTH IN PART 1910 OF THE NATIONAL FLOOD INSURANCE PROGRAM SECTION 1 STATUTORY AUTHORITY, FINDINGS OF FACT AND PURPOSES 1.1 Statutory Authorization The legislature of the State of California has in its Government Code and Health and Safety Code delegated the responsibility to local governmental units 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 ordain the following.ordinance: i.2 Findings of Fact The flood hazard areas of the City of Gilroy are subject to periodic inundation which may result 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. 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 provisions designed to: a. protect human life and health, b. protect lands adjacent to the. flood plain, as well as both upstream and down-stream areas, from increases in flooding, c. reduce costs to the City of Gilroy that would result from flooding and development in flood hazard areas, d. control development that will contribute to a demand for public investment in flood control works, control development that will contribute to flood losses if public streets, sewers, water, and othe~ utilities must be expanded to serve the development, assure that eligibility is maintained for property owners in the community to purchase flood insurance in the Federal Flood Insurance Program. EXHIBIT "A" Flood Plain Management Ordinance page 2 SECTION 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. "Area of Shallow Flooding" - means 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. "Area of Special Flood Hazard" - means land in the flood plain which is designated as a numbered or unnumbered A zone on the Flood Insurance Rate Map (FIRM). This land within a community is subject to a one percent (1%) or greater chance of flooding in any given year. "Base Flood" - means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. "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 located within the area of special flood hazard. "Flood Insurance Rate Map (FIRM)" - means the official map on which the 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 Boundary-Floodway Map, and the water surface elevation of the base flood. "Floodplain or Flood-prone Area" - means any land area that is susceptible to inundation by water from any source. "Flood-proofing" - means any combination of structural and non- structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. "Floodway or Regulatory Floodway" - means that portion of the flood plain (usually a broad channel) required in order to discharge the 100 year flood without raising the water surface elevation (i.e. causing floodwaters to back up) more than one foot above the base flood level at any point. Flood Plain Management Ordinance page 3 "Lowest Floor" - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, 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 that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. "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 connected to the required utilities. For flood plain 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. For insurance (NFIP) purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles... "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. "Substantial Improvement" - means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 per cent of the market value of the structure either (a) before the improvement is started or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration commences. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations. "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 filing; 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. Flood Plain Management Ordinance page 4 SECTION 3 GENERAL PROVISIONS 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. 3.2 Establishment of Official Flood Identification Map The official Flood Identification Map, together with all explanatory material therein, is hereby adopted by reference and declared to be a part of this ordinance. The official Map shall be the most recently adopted Flood Insurance Rate Map (FIRM) which is 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 applicable regulations. 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, easement, covenant, or deed restriction conflicts or overlaps, whichever imposes the more stringent restrictions shall prevail. 3.5 Interpretation In their interpretations and application, the provisions of this ordinance shall be held to be minimum requirements. 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 engineering and scientific means of study. Larger floods may occur or flood heights 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 lawfully thereunder. Flood Plain Management Ordinance page 5 SECTION 4 ADMINISTRATION 4.1 Development Permit A development permit shall be obtained before 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 permits necessary for the proposed development. The following specific information is required: me proposed elevation in relation to mean sea level, of the lowest floor (including 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, Ce certification of a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet criteria in Section 5, and d. description of the extent to which any water course will be altered or relocated as a result of proposed development. 4.2 Designation of Director of Public Works 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 shall 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 that the site is reasonably safe from flooding, Ce review all development permits to determine if the proposed development adversely effects the flood carrying capacity of the area of special flood hazard, and de obtain and maintain for public review and make available for needed Flood Insurance Policies the elevations of new structures and floodproofing certifications as required in Section 5. Flood Plain Management Ordinance page 6 4.4 Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3.2, basis for establishing the areas of Special Flood Hazard, the Director of Public Works shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, as criteria for requiring that new construction, substantial improvements, or other development in Zone A meet the standards in Section 5. 4.5 Alteration of Watercourses a. Prior to the alteration or relocation of any water course, adjacent communities and the Department of Water Resources shall be notified, along with copies of such notification sent to the Federal Insurance Administration. .. be No alteration or relocation of any watercourse shall be permitted that in any way decreases the flood-carrying capacity of such watercourse, 4.6 Appeal Procedure Any person aggrieved of the determination of the Director of Public Works, in regards to this ordinance, may make an appeal in writing to the City Council. 4.7 Enforcement Violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. An~ person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof, be subject to fine and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. SECTION 5 PROVISIONS FOR FLOOD HAZARD REDUCTION General Standards - In all areas of special flood hazards (all numbered and unnumbered A zones) the following standards are required: 5.1 Residential Development All new residential structures and substantial improvements must have the lowest floor elevated at least one foot above the base flood level. Where the base flood elevation is not indicated, the lowest floor must be elevated above the crown of the nearest street. be All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure, with materials and utility equipment resistant to flood damage. Flood Plain Management Ordinance page 7 5.1 Residential Development (cont.) c. All new subdivision propoSals shall have adequate drainage provided to reduce exposure to flood damage. d. Ail new subdivision proposals shall identify the flood hazard area and the elevation of the base flood. e. Ail subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor. f. Ail new structures and substantial improvements shall be constructed using methods and practices that minimize flood damage. g. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.2 Manufactured Homes Ail new manufactured 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. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and City anchoring requirements for resisting wind forces. All new manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above base flood level. c. No manufactured home shall be placed in a floodway. d. Ail manufactured home parks and subdivisions must provide adequate surface drainage. Me Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Flood Plain Management Ordinance page 8 5.3 Non-Residential Development 5.4 me Ail new non-residential structures and substantial improvements must have the lowest floor, including the basement, elevated at least one foot above the base flood level. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure, wit'h materials and utility equipment resistant to flood damage. c. All new structures and substantial improvements shall be constructed using methods and practices that minimize flood damage. de W~en floodproofing is used below the base flood level, certification by a professional engineer or architect is.required. A record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Director of Public Works. Utilities a. Ail new water and sewer systems shall be designed to eliminate or minimize infiltration of flood waters. b. Ail new on-site waste disposal systems shall be designed to avoid contamination and impairment from flooding. Ali new public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage for all new developments in flood-prone areas. 5.5 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 the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: encroachments are prohibited, including but not limited to land fill, new construction, and other development within the floodway, if sqch development would result in any increase in flood levels during a base flood discharge. Flood Plain Management Ordinance page 9 5.6 Use of Openings in Enclosures Below a Structure's Lowest Floor For all new construction and substantial improvements, 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 flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum ~criteria: me be A minimum of two (2) openings having a total net area of not less than one (1) 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 (1) foot above grade. ,. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit 'of flood waters. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 87-4 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of March , 19 87 , 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 3rd day of March 19 87 . //City Clerk of the City of Gilroy~ (Seal)