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Ordinance 1002•. i 1r ~ u ORDINANCE. N0. 1002 • AN ORDINAFCE OF THE CITY OF CUPF.RTINO ADDING CHAPTER 16,52 TO THE CUPERTINO MUNICIPAL CODE. TO BE ENTITLED "PREVENTION OP FLOOD llAMAGE" AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF CUPERTIFIO DOES ORDAIN AS FOLLOWS: SECTION 1: AMENDMENT Section 1.1: Title 16 of the Cupertino Municipal Code entitled "Buildings and Construction" hereby is amended by addin}t thereto a new chapter entitled "Prevention of Flood Damage" to be numbered Chapter 16.48 and to read as set forth on the exhibit attached to and made a cart of this ordinance. SECTION 2: REPEALING CLAUSE Section 2.1: All ordinances heretofore enacted in conflict with this Ordinance No.1002:are hereby repealed to the extent that they would vary tKe provisions of this Ordinance. SECTION 3: FINDINGS Section 3.1: The flood hazard areas of the city are subject to the possibility of periodic inundation which could result in lose 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. Section 3.2: These flood losses are intensified by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood lose. SECTION 4: PURPOSE Section 4.1: It is the purpose of the chapter added to the Cupertino Municipal Code by 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. (a) To protect human life and health; (b) To minimize expenditure of public money for costly flood control projects; (c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) To minimize prolonged business interruptions; (e) To minimize damafte to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in areas of special flood hazard; - 1 - "Area of Special Flood Hazard" means the land in the flood nlai.n • wltfiin a community subject to a one percent or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equnled 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" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters and/or (b) The unusual and rapid accumulation or runoff of surface waters from any source. "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 Pederal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway • Map, and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be'reaerved in order-to discharge the base flood without cumulatively increasing the water surface elevation more_than one foot: "Habitable floor' means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used. only for storage purposes is not a "habitable floor". "Mobile home" means a structure that is tratsportable in one or more sections, built on a.permanent.chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. "New mobile home park or mobile home subdivison" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this chapter. "Start of construction" means the first placement of permanent construction • of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include [he installation na streets and/or walkways; nor does it include -2- • • • (f) To help maintain a stable tax base by providing Eor the sound use and development of areas of special flood hazard so as to minimize future flood blighted areas: (g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 5: METHODS OP REDUCING FLOOD LOSSES Section 5.1: In order to accomplish its purposes, this amendment includes methods and provisions for: (a) 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 in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (d) Controlling fillings, grading, dredging, and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 6: ENVIRONMENTAL ASSESSMENT Section 6.1: The adoption of this ordinance constitutes a Claea 8 project (Actions by Regulatory Agencies for Protection of the Environment) which is categorically exempt from the provisions of the Environmental Quality Act of 1970 and the requirement for the preparation of environmental documents. SECTION 7: SEVERABILITY CLAUSE Section 7.1: If any section, subsection, sentence, clause or phase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The legislative body hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared unconstitutional. SECTION 8: PUBLISHING CLAUSF. Section 8.1: The City Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to be published at least once within fifteen (15) days after its enactment in the Cupertino Courier, the official newspaper of the City, published and circulated in the City of Cupertino. - 2 - • SECTION 9: URGENCY Section 9.1: This ordinance shall take effect immediately upon enactment as an urgency measure due to the urgent necessity to become effective on or before May 1, 1980 in order for the City and its inhabitants to qualify for the National Flood Insurance Program. It is hereby found and declared that this urgency measure is necessary for the health, safety and general welfare of the inhabitants of the City of Cupertino. INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino this 21st day of Anril, 1980, by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, O'Keefe NOES: None ABSENT: None ABSTAIN: None -3- • • CLLAPTER 16.48 PREVENTION OF FLOOD DAMAGE Sectlons: Article I. GENERAL PROVISIONS 16.48.010 Definitions 16.48.011 Lands to which this chapter applies 16.48.012 Compliance 16.48.013 Interpretation 16.48.014 Warning and disclaimer of liability Article II. ADMINISTRATION 16.48.020 Establishment of Development Permit 16.48.021 Administrator Article III. VARIANCE PROCEDURE 16.48.030 Appeal Board 16.48.035 Conditions for variances Article IV. GENERAL. STANDARDS FOR FLOOD HAZARD REDUCTION 16.48.040 General Standards 16.48.041 Anchoring 16.48.042 Construction materials and methods 16.48.043 Utilities 16.48.044 Subdivision proposals Article V. SPECIFIC STANDARDS FOR FLOOD HAZARD REDUCTION 16.48.050 Specific standards 16.48.051 Residential construction 16.48.052 Non-Residential construction 16.48.053 Mobile homes 16.48.054 Specific Standards (Zone AO) 16.48.055 Flaodways ARTICLE I. GENERAL PROVISIONS Section 16.48.010: Definitions: Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Area of Shallow Flooding" means a designated AO Zone on the Flood Insurance Ra[e 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. -1- excavation for a basement, footings, piers or foundations or the erection of . temporary farms; nor does it include the installation on [he property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, Che "start of construction" includes tfie first permanent framing or assembly of the structure or any Part thereof on its piling'or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of. construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home aubdivions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building (including a prefabricated huilding) or mobile home that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improve- ment of a structure, the coat of which equals or exceeds fifty percent of the market value of the structure eithez: (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 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, however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code spec ificationa 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. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 16.48.011 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the city. The areas of special flood hazard identified by the Federal Znsurance Administration in a scientific and engineering resort entitled "The Flood Insurance Study for the City of Cupertino," dated November, 1919, with accompanying Flood ITSU ranee Rate Maps as amended from time to time is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the Department of Public Works. • 16.48.012 Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed -3- • u restrictions. However, where this chapter and a statute, ordinance, easement, covenant, or deed restriction conflict or overlap, wlitchever imposes the more stringent restrictions shall prevail. 16.48.013 Interpretation. In [he interpretation and application of this chapter, all provision shall he: (1) Considered as minimum requirements; (2) Strictly construed; and, (3) Deemed neither to limit nor repeal any other powers granted under state statutes. C~ 16.48.014 Warning and 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 permitted within such 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 may result from reliance on this chanter or any administrative decision lawfully m:~de thereunder. ARTICLE II. ADMINISTRATION 16.48.020 Bstabliahment of Development Permit. A develapnent pamit shall be obtained before-new construction, substantial'ituprovements or develapment (including the placement of prefabricated buildings and mobile homes) begins within any area of special flood hazard established in Section 16.48.011. App11- cation for a development 'permit shall be made od forma furnished by the Director of Planning/Developments and may include, but not be limited to: plena in dupli- cate drawn to scale showing the nature, location, dimensions, and'elevationa of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically,-the follow- ing information is required: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodoroofed; (3) Certification by a registered professional engineer or architect that the floodoroofing methods for any non-residential structure meet the floodproofing criteria in Section 16.48.052; and, (4) Description of the extent to which any watercourse will he altered or relocated as a result of proposed devoloament. • 16.48.021 Designation of Director of Planning and Develovment. The Director of Planning and Development is hereby appointed to administer and implement this -4- • chapter by granting or denying development oermi.t aoplicatlona in accordance with its provisions. The duties and responaibllitiea of the Director of Planning Development shall include, but not be limited to: (1) Permit review. (a) Review all development permits to determine that the permit requirements' of this chapter have been satisfied, and that building sites are reasonably safe from flooding. (b) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is reouired. (c) Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this chapter, "adversely affects" means that the cumulative effect of the prooosed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. (2) Use of other base flood data. ?then hale flood elevation data has not been provided in accordance with Section 16.48.011 (Lands to which this chapter applies), the Director of Planning Development shall • obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 16.48.051 (Residential Construction) and 16.48.052 (Nonresidential construction). (3) Information to be obtained and maintained: (a) Obtain and record the actual elevation (1n relation to mean sea level) of the lowest habitable flood (including basement) of all new or substantially improved structures. (b) For all new or substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level), and (11) maintain the floodproofing certifications required in Section 16.49.020(3). (c) Maintain for public inspection all records pertaining to the provisions of this chapter. (4) Alteration of watercourses. (a) Notify adiacent communities, Santa Clara Valley Water District, • and the Department of Water Resources of the State of California -5- prior to any alteration or relocation of a watercourse, anti • submit evidence of such notification to the Federal Insurance i Ad i i on. m strat n (b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carryinft capacity is not diminished. (5) Interpretation of FIRM boundaries. 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 Article III (VARIANCE PROCEDURE). ARTICLE III. VARIANCE PROCEDURE 16.48.030 Appeal Board. The Planning Commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (1) The Planninv Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of. Plannin¢/ Development in Che enforcement or administration of Chia chapter. • (2) Any person aggriPVed by the dPCision of the Planning Commission may appeal such decision to the City Council. (3) In passing upon such applications, the Planning Commission 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; (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 Co the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; • (g) the compatibility of the proposed use with existing and anticipated development; -F- (h) the ~tionshlp of the proposed use ~he comprehensive plan nd flood plain management progra for that area; (i) the safety of access to the property in times of flood . for the ordinary and emergency vehicles; (~) the expected heights, velocity, duration, rate of rise, and sediment transport of. the flood waters and the effects of wave action, if applicable, expected at the site; and, (k) the coats of providing governmental services duringand after flood-condltiona,:including maintenance and repair: of public utilities and facilities such as sewer, gae~electricAl, and water systems, and streets and bridges. (4) Generally, variances map be issued for new construction and'subetantial 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) through (k) in Section"16.48.030(3) have been fully considered. As the lot size increases beyond one-half acre, the technical'~ustification required for issuing the variance increases. (5) Upon consideration of the factors in Section 16.48.030(3) and the purposes of this chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (6) The.Director of Planning Development shall maintain the records of all appeal:aetions and report aay variances to the Federal Iatursnce • Adninietration upon requeBt. 16.48.035 Conditions for variances: (1) variances may be issued for the reconstruction, rehab111tation or restoration of structures listed on the National Register of Historic Places or the State Inventory of }iistoric Places, without regard to the procedures set forth in the remainder of this section. (2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Variances shall only be issued upon: (a) a showing of good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) a determination that the Kranting of a variance 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 as identified in 16.48.030{3), or conflict with existing local laws or ordinances. -7- (5) Any appl~nt to whom a variance is grant•shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk . resulting from tl~e reduced lowest floor elevation. ARTICLE IV. GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION 16.48.040 General Standards. All areas of special flood hazards are governed by the general standards set forth in this article. 16.48.041 Anchoring. (1) All new construction and that portion of a structure which is substantially Improved shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotations, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (a) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes leas than fifty feet long requiring one additional tie per side; (b) frame ties be provided at each corner of the home with five additional ties per aide at intermediate points, with mobile homes less than fifty feet long requiring four • additional ties per side; (c) all components of the anchoring system be capable of carry- ing a force of 4,800 pounds; and, (d) any additions to the mobile home be similarly anchored. 16.48.042 Construction materials and methods. (1) All new construction and that portion of a structure which is substantially improved shall be constructed with new materials and utility equipment resistant to flood damage. (2) All new construction and that portion of a structure which is substantially.improved shall be constructed using methods and practices that minimize flood damage. 16.48.043 Utilities. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into. the • systems and discharge from the systems into flood waters; and, (3) On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding. -8- 16.48.044 Subd~ion proposals. • (i} All subdivision proposals shall be consistent with the need to minimize flood damage; • (2) All subdivision proposals shall have public utilities and facili- ties such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,. (4) Basa flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty lots or five acres (whichever is less). ARTICLE V. SPECIFIC STANDARDS FOR FLOOD HAZARD REDUCTION 16.48.050 Specific standards. (Unnumbered A Zones and Zones Al-30). In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 16.48.011 (Lands to which this chapter applies) or Section 16.48.021(2)(Use of other base flood data) the following additional provisions are required: 16.48.051 Residential construction. New construction and that portion of a residential structure that is substantially improved shall have the lowest habit- able floor, Including basement, elevated to or above base flood elevation. 16.48.052 Nonresidential construction. New construction and that portion • of any commercial, industrial or other nonrealdential structure that is substantially improved shall either have the lowest floor, including basement, elevated to or above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed 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 certi- fications shall be provided to the Director of Planning/Development. 16.48.053 Mobile homes. (1) Mobile homes shall be anchored in accordance with Section 16.48.041(2). (2) For new mobile home parka and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parka and mobile home subdivisions where the repair, reconstruction or improvement of the atreeta, utilities and pads equals or exceeds fifty percent of the value of the atreeta, utilities and pads before the repair, reconstruction or improvement • has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, it shall be required that: -9- i • (a) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or .' above the base flood level; (b) adequate surface drainage and access for a hauler are provided; and, (c) in the instance of elevation on pilings, that: (i) lots are large enough to permit steps, (11) piling foundations are placed in stable soil no more than ten feet apart, and (iii) reinforcement is orovided for pilings more than six feet above the ground level. 16.48.054 Specific Standards (Zone AO). The following provisions shall apply [o any area designated an AO zone in Section 16.48.011: (1) All new construction and that portion of a residential structure which is substantially improved shall have the lowest habitable floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM. (2) All new construction and that portion of a nonresidential structure which is substantially improved shall: • (a) have the lowest habitable floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM, or (b) together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any apace below that level is watertight with walls substantially impermeable to the passage of water and with structual components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 16.48.055 Floodways Located within areas of special flood hazard established in Section 16.48.011 are areas designed at floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential pro,jer_tiles, and erosion potential, the following nrovisiona apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonostrating that encroachments shall not result in any increase in flood levels during the occurrence of. the base Flood discharge. (Z) If Section 16.48.051 is satisfied, all new construction and substantial improvements shall comply with all applicable flood -10- • hazard reduction provisions of Article IV. Gt:NERAL STANDARDS FOR FLOOD HAZARD REDUCTION. (3) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home aubdiviaion. -11-