PC Res 4074RESOLUTION NO. 4074
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE APPROVING A TEXT
AMENDMENT (PLN2012-110) TO ALLOW REVISIONS TO
SECTION 21.22 (FLOOD DAMAGE PREVENTION) OF THE
CAMPBELL MUNICIPAL CODE THAT SATISIFIES CURRENT
FEDERAL REGULATIONS. FILE NO: PLN2012-110
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2012-110.
Environmental Finding
1. The project qualifies as Categorically Exempt from the California Environmental
Quality Act (CEQA) under Section 15308 pertaining to actions of regulatory agencies
for the protection of the environment.
Evidentiary Findings
1. The legislature of the State of California has, in Government Code Sections 65302,
65560 and 65800, conferred upon local government units authority to adopt
regulations designed to promote the public health, safety and general welfare of its
citizenry;
2. The City of Campbell recognizes the importance of promoting the public health,
safety and general welfare, and minimizing public and private losses due to flood
conditions in specific areas of the City; and,
3. As the City of Campbell participates in the National Flood Insurance Program,
Federal regulations require that the City revise the existing floodplain management
regulations to meet the minimum standards set forth by FEMA under the National
Flood Insurance Act of 1968.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
The proposed Zoning Code text amendment is consistent with the goals, polices,
and actions of the General Plan;
2. The proposed Zoning Code text amendment is internally consistent with other
applicable provisions of the Zoning Code; and,
Planning Commission Resolution No. 4074
PLN2012-110 -Recommending Approval of a
Page 2
Text Amendment -Flood Damage Prevention
3. The proposed Zoning Code text amendment would not be detrimental to the public
interest, health, safety, convenience, or general welfare of the city.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt an Ordinance approving a Text Amendment (PLN2012-110) to allow revisions
to Section 21.22 (Flood Damage Prevention) that satisfies current federal regulations amend
the Campbell Zoning Code as set forth in Exhibit A.
PASSED AND ADOPTED this 12th day of June, 2012, by the following roll call vote:
AYES: Commissioners: Alster, Brennan Gibbons, Resnikoff and Reynolds
NOES: Commissioners: Ebner
ABSENT: Commissioners: Brennan, Ebner and Roseberry
ABSTAIN: Commissioners: Gibbons
APPROVED:
Theresa Alster, Chair
ATTEST:
Paul Kelrr~ioyan, Secretary
Exhibit A
Page i of i2
Chapter 21.22
DRAFT FLOOD DAMAGE PREVENTION
Sections:
21.22.010 Statutory authorization, purpose and methods.
21.22.020 Definitions.
21.22.030 General provisions.
21.22.040 Administration.
21.22.050 Provisions for flood hazard reduction.
21.22.060 Variance procedure.
21.22.010 Statutory authorization, purpose and methods.
A. Authority. The legislature of the State of California has, in Government Code
Sections 65302, 65560 and 65800, conferred upon local government unit's authority to
adopt regulations designed to promote the public health, safety and general welfare of its
citizenry.
B. Purpose. It is the purpose of this chapter 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:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood-control projects;
3. To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities, such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in areas of special
flood hazard;
6. To insure that potential buyers are notified that property is in an area of
special flood hazard; and
7. To insure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
C. Methods of Reducing Flood Losses. In order to accomplish its purposes, this
chapter includes methods and provisions for:
1. Restricting or prohibiting uses that are dangerous to health, safety and
property due to water or erosion hazards, or which result in damaging increases in erosion
or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities that serve those
uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural flood plains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4. Controlling of filling, grading, dredging and other development which may
increase flood damage; and
Exhibit A
Page 2 of i2
5. Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters, or which may increase flood hazards in other areas.
21.22.020 Definitions. Words or phrases used in this chapter shall have the
following meanings unless otherwise indicated from the context.
"Appeal" means a request for a review of the city clerk's interpretation of any
provision of this chapter, or a request for a variance.
"Area of special flood hazard". See "Special flood hazard area."
"Base flood" means the flood having cone-percent chance of being equaled or
exceeded in any given year (also called the "100-year flood").
"Basement" means any area of the building having its floor sub grade (below ground
level) on all sides.
"Breakaway walls" means any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is designed to
break away without causing any damage to the structural integrity of the building on which
they are used or any buildings to which they might be carried by floodwaters.
"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.
"Deviation" means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
"Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of floodwaters;
2. The unusual and rapid accumulation or runoff of surface waters from any
source; and/or
3. The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature, such
as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in this definition.
"Flood boundary and floodway map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
"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 FIRM, 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 definition of "Flooding").
Exhibit A
Page 3 of 12
"Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
"Floodplain management regulations" means zoning codes, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as floodplain
ordinances, grading ordinances and erosion control ordinances) and other applications of
police power. The term describes such State or local regulations in any combination
thereof, which provide standards for the purpose of flood damage prevention and reduction.
"Flood proofing" 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.
"Floodway" means the channel of a river or other watercourse and the adjacent land
areas that shall 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."
"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
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 b y the Secretary of the Interior in states without approved programs.
"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 chapter.
"Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis, and is designed to be used with or without a
permanent foundation when connected to the required utilities. For floodplain management
purposes, the term "Manufactured home" also includes park trailers, travel trailers and other
similar vehicles placed on a site for greater than 180 consecutive days.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for sale or rent.
Exhibit A
Page 4 of i2
"Mean sea level" means for the purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's flood insurance rate map are referenced.
"New construction" means for floodplain management purposes, structures for which
the "Start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by the city.
"One-hundred-year flood" or "100-year flood" means a flood that has a one percent
annual probability of being equaled or exceeded. It is identical to the "Base flood," which will
be the term used throughout this chapter.
"Person" means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups or this State or its agencies or political
subdivisions.
"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 this chapter, or otherwise deterring future similar violations,
or reducing federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Special Flood Hazard Area (SFHA)" means an area having special flood or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AI-30, AE or A99.
"Start of construction" means 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 (e.g.,
pouring of slabs 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 (e.g., 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,
(e.g., garages or sheds not occupied as dwelling units or not part of the main structure). For
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 including a gas or liquid storage tank
that is principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damage condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the
structure, either:
1. Before the improvement or repair is started; or
Exhibit A
Page s of 12
2. If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "Substantial Improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimensions of the
structure. The term does not include:
a. Any project for improvement of a structure to comply with existing State
or local health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
b. Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
"Violation" means the failure of a structure or other development to be fully compliant
with the floodplain management regulations of this chapter. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until the time as that
documentation is provided.
21.22.030 General provisions. A. Applicability. This chapter shall apply to all areas
of special flood hazards within the jurisdiction of the City of Campbell.
B. 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 dated August 17, 1998, with accompanying Flood Insurance
Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated August 17,
1998, 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 of
Campbell by the Floodplain Administer. The study, FIRM's and FBFM's are on file at the
Community Development Department located at 70 North First Street, Campbell California
95008.
C. Compliance. No structure or land shall hereafter, ~~°r +h° °~°„+;.,° ,~.,+° °f +~,~
"" be constructed, located, extended, converted, or altered without full compliance
with the terms of this chapter and other applicable regulations. Violations of the
requirements (including violations of conditions and safeguards) shall constitute a
misdemeanor. Nothing herein shall prevent the City of Campbell from taking such
lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and greater restrictions. The regulations in this chapter are not
intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where the regulations in this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent regulations shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions
shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
Exhibit A
Page 6 of 12
3. Deemed neither to limit nor repeal any other powers granted under State
statutes.
F. Disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes, and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not imply that land outside
the areas of special flood hazards, or uses allowed within these areas, will be free from
flooding or flood damages. This chapter shall not create liability on the part of the city, any
officer or employee thereof, or the Federal Insurance Administration, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made there
under.
G. Severability. This ordinance and the various parts thereof are hereby declared to
be severable. Should any sections 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.
21.22.040 Administration. A. Establishment of development permit. A zoning
clearance, in compliance with Chapter 21.40, shall be obtained before construction or
development begins within any area of special flood hazards established in Subsection
21.22.030(8). Application for a zoning clearance shall be made on forms furnished by the
community development department, and may include, but not be limited to, plans in
duplicate drawn to scale showing the nature, location, dimensions, and elevations of the
area in question; and existing or proposed structures, fill, storage of materials, drainage
facilities. Specifically, the following information is required:
1. Proposed elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
2. Proposed elevation in relation to mean sea level to which any structure will
be floodproofed;
3. All appropriate certifications listed in Subsection (C)(4), below; and
4. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
B. Designation of the floodplain administrator. The community development director
is hereby appointed to administer and implement this chapter by allowing or denying
development requests in compliance with its provisions.
C. Duties and responsibilities of the floodplain administrator. The duties and
responsibilities of the floodplain administrator shall include, but not be limited to:
1. Permit review:
a. Review all development requests to determine that the permit
requirements of this chapter have been satisfied;
b. Determine that all other required State and federal permits have been
obtained;
c. Determine that the site is reasonably safe from flooding;
d. Determine that the proposed development does not adversely affect the
carrying capacity of areas where base flood elevations have been determined but a
Exhibit A
Page ~ of i2
floodway has not been designated. For purposes of this chapter, "adversely affects" means
that the cumulative effect of the proposed development when combined with all other
existing and anticipated development will not increase the water surface elevation of the
base flood more than one foot at any point.
2. Development of substantial improvement and substantial damage
procedures:
a. 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."
b. Assure procedures are coordinated with other departments/divisions
and implemented by community staff.
3. Review, use and development of other base flood data. When base flood
elevation data has not been provided in accordance se~~lia~se with S~section
21.22.030(6-} ,the floodplain administrator shall
obtain, review and reasonably utilize any base flood elevation and floodway data available
from a Federal, State or other source, in order to administer Section 21.22.050 (Provisions
for flood hazard reduction), below. Any information shall be submitted to the city council for
adoption. 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 AAreas - A Guide for Obtaining and Developing Base (100-year}
Flood Elevations", dated July 1995.
4~. Notification of other Agencies.
a. Alteration or relocation of a watercourse:
1. Notify adjacent communities and the California Department of
Resources prior to such alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance Administration;
2. Submit evidence of such notification to the Federal Emergency
management Agency; and,
3. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
b. Base Flood Elevation changes due to physical alterations:
1. Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administer shall submit or assure that the
permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision
(LOMR).
2. 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 to flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
c. Changes corporate boundaries:
Exhibit A
Page s of la
1. Notify FEMA in writing whenever the corporate boundaries have
been modified by annexation or other means and include a copy of the amp of the
community clearly delineating the new corporate limits.
54. Obtain and maintain for public inspection and make available as needed:
a. The certification required in Subsection 21.22.050(A)(3)(a)(floor
elevations);
b. The certification required in Subsection 21.22.050(A)(3)(b)(1) (elevation
or flood proofing of nonresidential structures);
c. The certification required in subsection 21.22.050(A)(3)(c)(1) or
21.22.050(A)(3)(c)(2) (wet flood proofing standard);
d. The certified elevation required in Subsection 21.22.050(C)(2)
(subdivision standards);
e. The certification required in Subsection 21.22.050(E) (Floodway
Encroachments).
6a. Make interpretations, where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation, as provided in Section 21.22.060.
76. Take action to remedy violations of this chapter as specified in Subsection
21.22.030(C).
21.22.050 Provisions for flood hazard reduction. A. Standards of construction. In all
areas of special flood hazard, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring standards of
paragraph D, (Standards for manufactured homes), below.
2. Construction materials and methods.
a. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
c. All new construction and substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
d. A breakaway wall shall have a safe design loading resistance of not less
than 10 pounds or no more than 20 pounds per square foot. Use of breakaway walls shall
be certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
Exhibit A
Page 9 of 12
(2) The elevated portion of the building shall not incur any structural
damage due to the effects of wind and water loads acting simultaneously in the event of the
base flood.
3. Elevation and flood proofing.
a. New construction and substantial improvement of any structure shall
have the lowest floor, including basement, elevated to or above base flood elevation.
Nonresidential structures may meet the standards in Subsection (A)(3)(c), below. Upon
completion of the structure, the elevation of the lowest floor, including basement, shall be
certified by a registered professional engineer or surveyor, or verified by the Building
Inspector to be properly elevated. Such certification or verification shall be provided to the
floodplain administrator.
b. Nonresidential construction shall either be elevated in conformance with
Subsection (A)(3)(a), above, or together with attendant utility and sanitary facilities:
(1) Be flood proofed so that below the base flood level the structure is
watertight, with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such certifications shall be provided to the
floodplain administrator.
c. Require, for all new construction and substantial improvements, that
fully enclosed areas below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement shall either be certified by a
registered professional engineer or architect or meet or exceed the following minimum
criteria:
(1) Either a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject to flooding shall be
provided, the bottom of all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters; or
(2) Be certified to comply with a local flood proofing standard
approved by the Federal Insurance Administration.
d. Manufactured homes shall also meet the standards in Subsection (D).
B. Standards for utilities.
1. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the system and discharge
from systems into floodwaters.
2. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
C. Standards for subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard area and
the elevation of the base flood.
Exhibit A
Page io of 12
2. All final subdivision plans will provide the elevation of proposed structures
and pads. If the site is filled above base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the floodplain administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood
damage.
4. All subdivision proposals shall have public utilities and facilities, (e.g., sewer,
gas, electrical and water systems) located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage provided to reduce exposure
to flood hazards.
D. Standards for manufactured homes. All new and replacement manufactured
homes and additions to manufactured homes shall:
1. Be elevated so that the lowest floor is at or above the base flood elevation;
and
2. Be securely anchored to a permanent foundation system to resist flotation,
collapse or lateral movement.
E. Floodways. Located within the areas of special flood hazard established in
Subsection 21.22.030(6) are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters that carry debris, potential
projectiles, and erosion potential, the following provisions apply:
1. Until a regulatory floodway is adopted, no new construction, substantial
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 1 foot at any point within the City of Campbell.
2. Within an adopted regulatory floodway, the City of Campbell 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 encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
3. If subsections 21.22.050(E)(1)snd 21.22.050(E)(2)sre satisfied, all new
construction, substantial improvement, and other proposed new development shall comply
with all other applicable flood hazard reduction provisions of Section 21.22.050.
21.22.060 Variance procedure. A. Appeal board.
1. The city council shall hear and decide appeals and requests for deviations
from the requirements of this chapter.
2. The city council shall hear and decide appeals when it is alleged that there is
an error in any requirement, decision or determination made by the floodplain administrator
in the enforcement or administration of this chapter.
3. In passing upon applications, the city council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter; and:
a. The danger that materials may be swept onto other lands to the injury of
others;
b. The danger to life and property due to flooding or erosion damage;
Exhibit A
Page i i of i2
c. The susceptibility of the proposed facility and its contents to flood
damage, and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the
community;
e. The necessity to the facility of a waterfront location, where applicable.
f. The availability of alternative locations for the proposed use that are not
subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated
development;
h. The relationship of the proposed use to the city's General Plan and
floodplain management program for the subject area;
i. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
k. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities, (e.g., sewer,
gas, electrical, and water systems, and streets and bridges.)
4. Generally, a deviation may be issued for new construction and substantial
improvements 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
items (A)(3)(d) through 21.22.060(A)(3)(k), above, have been fully considered. As the lot
size increases beyond one-half acre, the technical justification for issuing the variance
increases.
a. Upon consideration of the factors in Subsection 21.22.060(A)(3), above,
and the purposes of this chapter, the city council may attach conditions to the granting of a
deviation as necessary to further the purposes of this chapter.
b. The floodplain administrator shall maintain the records of all appeal
actions and report any deviation to the Federal Insurance Administration upon request.
B. Conditions for deviations.
1. Deviations may be issued for the reconstruction, rehabilitation, or restoration
of structures listed in the National Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth in the remainder of this section.
2. Deviations shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
3. Deviations shall only be issued upon a determination that the deviation is the
minimum necessary, considering the flood hazard, to afford relief.
4. Deviations shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the deviation would result in
exceptional hardship to the applicant; and
c. A determination that the granting of a deviation will not result in
increased flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or conflict with existing local
laws or ordinances.
Exhibit A
Page i2 of i2
5. Deviations may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent use,
provided that the provisions of subsections (B)(1) through (B)(4), above, are satisfied and
that the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
6. Any applicant to whom a deviation is granted shall be given written notice
over the signature of a community official that 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 such
construction below the based floor level increase risks to life and property. A copy of
the notice shall be recorded by the Floodplain Administer ' 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.