PC Res 2493RESOLUTION NO. 2493
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL
CODE, CHAPTER 21.43 - FLOOD DAMAGE PREVENTION
ORDINANCE. TA 87-02
AFter notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code, and after
presentation by the Planning Director, proponents and opponents, the
hearing was closed.
After due consideration of all evidence presented, and based upon the
following findings, the Commission did determine that there was a
significant need to add Chapter 21.43 - Flood Damage Prevention Ordinance
to the Campbell Municipal Code.
The proposed Flood Damage Prevention Ordinance will promote the public
health, safety, and general welfare and will minimize public and
private losses due to flood conditions in the community.
2. The proposed ordinance will comply with the new requirements of the
National Flood Insurance Program.
The Planning Commission does hereby recommend that the City Council adopt
the attached Ordinance enacting the necessary legislation to make the
proposed text amendment effective.
PASSED AND ADOPTED this 24th day of November 1987 by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Stanton, Olszewski, Christ, Walker, Dickson,
Perrine
None.
Kasolas.
APPROVED: Jay R. Perrine
Chairman
ATTEST: Arthur A. Kee
Secretary
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL ADDING CHAPTER 21.43 -
FLOOD DAMAGE PREVENTION ORDINANCE - TO THE
CAMPBELL MUNICIPAL CODE (TA 87-02)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 21.43 - Flood Damage Prevention
Ordinance is hereby added to the Campbell Municipal Code as set forth in
Exhibit A, attached hereto.
SECTION TWO: This Ordinance shall become effective thirty days following
its passage and adoption and shall be published once within fifteen days
upon passage and adoption in the San Jose Mercury News, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this
following roll call vote:
day of , 19 , by the
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
William Podgorsek, Mayor
ATTEST:
Barbara Olsasky, City Clerk
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL ADOPTING CHAPTER
21.43 - FLOOD DAMAGE PREVENTION ORDINANCE -
AS AN ADDITION TO TITLE 21 (ZONING ORDINANCE)
OF THE CAMPBELL MUNICIPAL CODE.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Campbell Municipal Code is hereby amended by adding
Chapter 21.43 - Flood Damage Prevention Ordinance - by adopting the
following ordinance.
SECTION TWO: This ordinance shall become effective 30 days following its
passage and adoption and shall be published once within 15 days upon
passage and adoption in the San Jose Mercury News, a newspaper of general
circulation in the City of Campbell, County of Santa Clara.
Section 21.43.010 - Statutory Authorization, Purpose and Methods
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Statutory Authorization
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.
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 area~
by provisions designed:
To protect human life and health;
To minimize expenditure of public money for costly flood
control projects;
e
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public~
To minimize prolonged business interruptions;
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;
To insure that potential buyers are notified that
property is in an area of special flood hazard; and
To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 2.
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Methods of Reducing Flood Losses.
In order to accomplish its purpose, this ordinance includes
methods and provisions for:
Restricting or prohibiting 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;
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which
help accommodate or channel flood waters;
Controlling filling, grading, dredging, and other
development which may increase flood damage; and
Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
Section 21.43.020 - 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 applications.
· Appeal" means a request for a review of the Floodplain
Administrator's interpretation of any provision of this
ordinance or a request for a variance.
"Area of special flood hazard" - See "Special flood hazard
area."
· Base flood" means the flood having one percent chance of
being equalled or exceeded in any given year (also called the
· 100-year flood").
"Basement" means any area of the building have its floor
subgrade (below ground level) on all sides.
e
"Breakaway walls" are 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 flood
waters.
Flood Damage Prevention Ordinance
Section 21.43 - Page 3.
6o
"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.
· Deviation" 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.
Se
"Flood or flooding" means a general and temporary condition of
partial or complete inundation or normally dry land areas from
(1) the overflow of flood waters, (2) the unusual and rapid
accumulation or runoff of surface waters from any source,
and/or (3) the collapse or subsidence of land along the shore
of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as
flash flood or an abnormal tidal surge, or by some similarity
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.
10.
"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.
11.
"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.
12.
· Floodplain or flood-prone area" means any land area
susceptible to being inundated by water from any source (see
definition of "flooding").
13.
"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.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 4
14.
"Floodplain management regulations" means zoning ordinances,
subdivision regulations, building codes, health regulations,
special purpose ordinances (such as floodplain ordinance,
grading ordinance and erosion control ordinance) 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.
15.
"Floodproofing" means any combination of structural and
non-structural 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.
16.
· 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".
17.
18.
· Highest adjacent grade" means the highest natural elevation
of the ground surface prior to construction next to the
proposed walls of a structure.
· 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.
19.
20.
"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 floodplain
management purposes the term "manufactured home" also includes
park trailers, travel trailers and other similar devices
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.
21.
· Mean sea level" means, for 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.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 5
22.
23.
24.
25.
26.
27.
28.
29.
'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 community.
'One hundred year flood' or 'lO0-year flood' means a flood
which has a one percent annual probability of being equalled
or exceeded. It is identical to the 'base flood', which will
be the term used throughout this ordinance
· 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 the ordinance 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, A1-30, AE, or A99.
· Start of Construction" includes substantial improvement, and
means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the
permit date. The actual start means either the first
placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure.
· 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.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 6
30.
'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:
a. Before the improvement or repair is started; or
b. If the structure has been damaged, and is being
restored, before the damage occurred.
For the purpose of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the
structure. The term does not, however, include either:
c. 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
d. Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
32.
"Violation" means the failure of a structure or other
development to be fully compliant with the community's
floodplain management regulations. 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.
Section 21.43.030 - General Provisions.
Lands to which this ordinance applies. This ordinance shall
apply to all areas of special flood hazards within the
jurisdiction of the City of Campbell.
Basis for establishing the areas of special flood hazard. The
areas of special flood hazard for Campbell area identified by
the Federal Emergency Management Agency or the Federal
Insurance Administration in the Flood Insurance Rate Map,
which shall be incorporated into an FH (Flood Hazard) Overlay
Zoning District. Such overlay district shall be supplemental
to any existing zoning.
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.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 7
De
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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, convenant, or
deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
Interpretation. In the interpretation and application of this
ordinance, all provisions shall be:
1. Considered as minimum reguirements~
2. Liberally construed in favor of the governing
body~ and
3. Deemed neither to limit nor repeal any other
powers granted under state statutes.
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 of Campbell, any officer or employee thereof,
or the Federal Insurance Administration, for any flood damages
that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
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 21.43.040 - Administration.
Establishment of development permit. A Development Permit
shall be obtained before construction or development begins
within any area of special flood hazards established in
Section 21.43.030(B). Application for a Development Permit
shall be made on forms furnished by the Floodplain
Administrator and may include, but not be limited to: plans
in duplicate drawn to scale showing the nature, location,
dimensions, and elevation of the area in question? existing or
proposed structures, fill, storage of materials, drainage
facilities? and the location of the foregoing. Specifically,
the following information is required:
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 8
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2.
3.
4.
Proposed elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures.
Proposed elevation in relation to mean sea level to
which any structure will be floodproofed.
All appropriate certifications listed in Section
21.43.040(C)(4) of this ordinance; and
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development.
Designation of the floodplain administrator. The Planning
Director is hereby appointed to administer and implement this
ordinance by granting or denying development permits in
accordance with its provisions.
Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the Floodplain
Administrator shall include, but not b~ limited to:
Permit review.
a. Review all development permits to determine that
the permit requirements of this ordinance 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 floodway has not been designated. For
purposes of this ordinance, "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 any point.
Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section
21.43.030(B), 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 5.0. Any
such information shall be submitted to the City Council
for adoption.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 9
0
Whenever a watercourse is to be altered or relocated:
Notify adjacent communities and the California
Department of Water Resources prior to such
alteration or relocation of a watercourse, and
submit evidence of such notification to the
Federal Insurance Administration.
Require that the flood carrying capacity of the
altered or relocated portion of said watercourse
is maintained.
Obtain and maintain for public inspection and make
available as needed:
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The certification required in Section
21.43.050(A)(3)(a) (floor elevations);
The certification required in Section
21.43.050(A)(3)(b)(1) (elevation or floodproofing
of nonresidential structures);
The certification required in Section
21.43.050(A)(3)(c)(1) or 21.43.050(A)(3)(c)(2)
(wet floodproofing standard);
The certified elevation required in Section
21.43.050(C)(2) (subdivision standards);
The certification required in Section
21.43.050(E)(1) (floodway encroachments);
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 6.0.
Take action to remedy violations of this ordinance as
specified in Section 21.43.030(C) herein.
Section 21.43.050 - Provisions for Flood Hazard Reduction
Standards of construction.
In all areas of special flood hazards, the following standards
are required:
1. Anchoring.
Ail 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.
All manufactured homes shall meet the anchoring
standards of Section 21.43.050(D).
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 10
Construction Materials and Methods.
a®
All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
Ail new construction and substantial improvements
shall be constructed using methods and practices
that minimize flood damage.
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.
A breakaway wall shall have a safe design loading
resistance of not less than ten or no more than
twenty pounds per square foot. Use of breakway
walls must 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
(2) The elevated potion 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.
Elevation and Floodproofing.
New construction and substantial improvement of
any structure shall have the lowest floor,
including basement, elevated to or above the base
flood elevation. Nonresidential structures may
meet the standards in Section 21.43.050(A)(3)(c).
Upon the completion of the structure, the
elevation of the lowest floor, including basement,
shall be certified by a registered professional
engineer or surveyor, or verified by the community
building inspector to be properly elevated. Such
certification or verification shall be properly
elevated. Such certification or verification
shall be provided to the Floodplain Administrator.
Nonresidential construction shall either be
elevated in conformance with Section
21.43.050(A)(3)(a), or together with attendant
utility and sanitary facilities:
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 11
(1)
(2)
(3)
Be floodproofed so that below the base flood
level the structure is watertight with walls
substantially impermeable to the passage of
water=
Have structural components capable of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and
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.
Require, for all new construction and substantial
improvements, that fully enclosed areas below the
lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for
meeting this requirement must either be certified
by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
(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
floodproofing standard approved by the
Federal Insurance Administration.
Manufactured homes shall also meet the standards
in Section 21.43.050(D).
Standards for utilities.
All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and
discharge from systems into flood waters.
e
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 12
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Standards for subdivisions.
1. All preliminary subdivision proposals shall identify the
flood hazard area and the elevation of the base flood.
De
All final subdivision plans will provide the elevation
of proposed structure(s) 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 and provided to the Floodplain
Administrator.
All subdivision proposal shall be consistent with the
need to minimize flood damage.
4o
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood
damage.
o
All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
Standards for manufactured homes.
All new and replacement manufactured homes and additions to
manufactured homes shall:
Be elevated so that the lowest floor is at or above the
base flood elevation; and
Be securely anchored to a permanent foundation system to
resist flotation, collapse or lateral movement.
Floodways.
Located within areas of special flood hazard established in
Section 21.43.030(B) are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions
apply:
Prohibit encroachments, including fill, new
construction, substantial improvements, and other
development unless certification by a registered
professional engineer or architect is provided
demonstrating that encroachments shall not result in any
increase in flood levels during the occurrence of the
base flood discharge.
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 13
If SectiOn 21.43.050(E)(1) is satisfied, all new
construction and substantial improvements shall comply
with all other applicable flood hazard reduction
provisions of Section 21.43.050.
Section 21.43.060 - Variance Procedure
ae
Appeal Board.
1. The City Council, of the City of Campbell, shall hear
and decide appeals and requests for deviations from the
requirements of this ordinance.
2. The City Council 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.
In passing upon such applications, the City Council
shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this
ordinance, and:
The danger that materials may be swept onto other
lands to the injury of others;
The danger of life and property due to flooding or
erosion damage;
The susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owner;
The importance of the services provided by the
proposed facility to the community;
ee
The necessity to the facility of a waterfront
location, where applicable;
The availability of alternative locations for the
proposed use which are not subject to flooding or
erosion damage;
go
The compatibility of the proposed use with
existing and anticipated development;
ho
The relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
The safety of access to the property in time of
flood for ordinary and emergency vehicles;
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 14
The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
expected at the site; and
Be
0
The 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.
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
21.43.060(A)(3)(d) through 21.43.060(3)(k) have been
fully considered. As the lot size increases beyond
one-half acre, the technical justification required for
issuing the variance increases.
Upon consideration of the factor of Section 6.1.C
and the purposes of this ordinance, the City
Council may attached such conditions to the
granting of a deviation as it deems necessary to
further the purposes of this ordinance.
The Floodplain Administrator shall maintain the
records of all appeal actions and report any
deviation to the Federal Insurance Administration
upon request.
Conditions for deviations.
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.
Deviations shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
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;
be
A determination that failure to grant the
deviation would result in exceptional hardship to
the applicant; and
Flood Damage Prevention Ordinance
Chapter 21.43 - Page 15
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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.
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 Sections
21.43.060(B)(1) through 21.43.060(B)(4) 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.
Any applicant to whom a deviation is granted shall be
given written notice that the structure will be
permitted to be built with a lowest floor elevation
below the regulatory flood elevation and that the cost
of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor
elevation. A copy of the notice shall b~ recorded by
the Floodplain Board 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.
PASSED AND ADOPTED this
roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
day of
, 1987 by the following
ATTEST:
APPROVED:
Barbara Olsasky, City Clerk
Ralph Doetsch, Sr., Mayor