CC Ordinance No. 1905Proposed text is underlined. Deleted text is struck through.
ORDINANCE NO. 1905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16.52 REGARDING THE PREVENTION OF FLOOD
DAMAGE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 16.52 of the Municipal Code of Cupertino is hereby amended to read as follows:
16.52.020 ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be obtained before new construction, substantial
improvements or development (including the placement of prefabricated buildings and
manufactured homes) begins within any area of special flood hazard established in Section
16.52.011. Application for a development permit shall be made on forms furnished by the
Director of P!a~nlng and Ccm~'~unity Dcvz?,pment Public Works, and may include, but
not limited to: plans in duplicate drawn to scale showing the nature, location, dimension
and elevations of the area in question; existing or proposed structures, fill, storage of
material, drainage facilities; and the location of the foregoing. Specifically, the following
information is required:
16.52.021
DESIGNATION OF DIRECTOR OF PLA~,n~N, INC AND
C@MMUN!TY DEVELOPMENT PUBLIC WORKS
The Director of P!a~mnfng and Cc:_'rc~nity Deve!cpmem Public Works is appointed
to administer and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
The duties and responsibilities of the Director of P!mm:[ng a::~ Czmmunity
Dc:Tc!zpmcrX Public Works shall include, but not be limited to:
B. Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with Chapter 16.52.011 (Lands to which this chapter applies), the
Director of P!a.mning an~ Cc~,'r. un~ty Dcvz!cFmznt Public Works shall obtain, review and
reasonably utilize any base flood elevation data available from a federal, state or other
source, in order to administer Sections 16.52.051 (Residential construction) and 16.52.052
(Nonresidential construction).
16.52.030 APPEAL BOARD
B. The Planning 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 P!a~m~2ng
Ordinance No. 1905
m-:d Cemmmn:.*.y Dcve!cpmev2 Public Works in the enforcement or administration of this
chapter.
5. The Director of Plmnn!ng and Cch:re-.mn!fy Dz;'elcpmerA Public Works shall
maintain the records of all appeal actions and report any variances to the Federal Insurance
Administration upon request. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.044 SUBDIVISION PROPOSALS
B. All final subdivision plans will provide the elevation of proposed structure(s) and
pads. If the sire is filled above the base flood, the final pad elevation shall be certified by a
the D~rector of Pl~.:..r~ ~.~
registered professional engineer or surveyor and provided to ' n .......`4
r- ...... ;.,, r,~,~ .... nt Public Works;
16.52.051 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements shall have the lowest floor,
including basement, elevated to or above base flood elevation. Upon the completion of the
structure, the elevation shall be certified by a registered professional engineer or surveyor,
or verified by the Community Building Inspector to be properly elevated. Such
certification or verifications shall be provided to the Director of P!arm:.ng an~ Cc::-am:nity
DcvelcpmerX Public Works. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.052 NONRESIDENTIAL CONSTRUCTION
C. Be certified by a registered professional engineer or architect that the standards of
this subsection are satisfied. Such certifications shall be provided to the Director of
m~,~: .... `4 ~ .......~' ~ .....v ....... Pubhc Works. (Ord. 1822 (part), 1999; Ord. 1412
Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980)
16.52.054 SPECIFIC STANDARDS (ZONE AO)
3. Be certified by a registered professional engineer or architect that the standards of
this subsection are satisfied. Such certification shall be provided to the Director of
m~: .... ,4 Cc~-nuni~' Devc!cnmerX Public Works. (Ord. 1412 Exhibit A (part), 1987:
Ord. 1002 § 1.1 (part), 1980)
This ordinance shall take effect and be in force thirty (30) days after its passage.
Ordinance No. 1905
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 4th
day of November 2002, and ENACTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of November, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No.1905, which was enacted on
November 18, 2002, and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
20th day of November, 2002.
KIMBERLY SMI~, City Cle~ and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate