Division 2 — Definitions

The following words and terms shall, for the purposes of this Article, have the meanings shown herein. Where terms are not defined in this Article and are defined in the Building Code (CCR Title 24 Part 2) and used in the Residential Code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those Codes. Where terms are not defined in this Article or the Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

(Ord. No. 2378, § II, 11-4-25)

Accessory Structure means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

Agricultural Structure means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard, or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

ASCE 24 means the standard Flood Resistant Design and Construction, referenced by the Building Code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Building Code.

Base flood means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]

Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD), or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]

Basement means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.]

Building Code means California Code of Regulations Title 24, the California Building Standards Code, the family of Building Codes specifically adopted by the State of California and composed of:

(1)

Part 2, applicable to buildings and structures other than dwellings within the scope of this part.

(2)

Part 2.5, applicable to one- and two-family dwellings, townhouses not more than three stories, and accessory structures.

(3)

Part 10, applicable to existing buildings (as defined in that code).

(4)

Other specified codes.

Design flood means the flood associated with the greater of the following two areas:

(1)

Area with a flood plain subject to a one-percent or greater chance of flooding in any year.

(2)

Area designated as a flood hazard area on a Town's flood hazard map, or otherwise legally designated.

[Also defined in CCR Title 24 Part 2.]

Design flood elevation means the elevation of the "design flood," including wave height, relative to the datum specified on the Town's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet (610 mm). [Also defined in CCR Title 24 Part 2.]

Development means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials,

mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities.

Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Exceptional hardship means, for the purpose of variances from this Article or the Building Code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before October 3, 1988.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

(3)

Mudslides (i.e., mudflows) which are proximately caused by flooding.

Flood control project means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.]

Flood hazard area means the greater of the following two areas:

(1)

The area within a floodplain subject to a one-percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the Town's flood hazard map, or otherwise legally designated.

[Also defined in CCR Title 24 Part 2.]

Flood Insurance Rate Map (FIRM) means an official map of a Town on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the Town. [Also defined in CCR Title 24 Part 2.]

Flood Insurance Study (FIS) means the official report provided by the FEMA containing the FIRM, the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood, and supporting technical data. [Also defined in CCR Title 24 Part 2.]

Floodplain Administrator means the Town official designated by title to administer and enforce the floodplain management regulations.

Floodway means the channel of the river, creek, 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 a designated height. [Also defined in CCR Title 24 Part 2.]

Fraud or victimization means, for the purpose of variances from this Article or the Building Code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the Building Code, future owners or tenants of such buildings and the Town as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.

Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation 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 the inventory of historic places maintained by the California Office of Historic Preservation.

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.

Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective FIRM or FIS. LOMCs include:

(1)

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective FIRM and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2)

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3)

Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the Town's floodplain management regulations.

(4)

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program (NFIP) requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective FIRM or FIS; upon submission and approval of certified as-built documentation, a LOMR may be issued by FEMA to revise the effective FIRM.

Light-duty truck means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight thousand five hundered (8,500) pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of six

thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle.

(2)

Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons.

(3)

Available with special features enabling off-street or off-highway operation and use.

Lowest floor means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access, or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Building Codes. [Also defined in CCR Title 24 Part 2.]

Manufactured home means a structure that is transportable in one (1) or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a). For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers, and similar transportable structures that are placed on a site for one hundred eighty (180) consecutive days or longer.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell, and both having reasonable knowledge of relevant facts. As used in this Article, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction); (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser; or (3) a qualified independent appraiser.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after October 3, 1988.

Nuisance means that which is injurious to safety or health of an entire Town or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin.

Permit for floodplain development means an official document or certificate issued by the Town, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with this Article.

Recreational vehicle means a vehicle that is built on a single chassis, four hundred (400) square feet (37.16 m 2 ) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Special flood hazard area (SFHA) means the land area subject to flood hazards and shown on a FIRM or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.]

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]

Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Building Official and that are the minimum necessary to assure safe living conditions.

(2)

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

[Also defined in CCR Title 24 Part 2.]

Utility and Miscellaneous Group U means buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in the Building Code.

Variance means a grant of relief from the requirements of this Article which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.

Violation means a development that is not fully compliant with this Article or the flood provisions of the Building Code, as applicable.

Watercourse means a river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

(Ord. No. 2378, § II, 11-4-25)

The purposes and objectives of this Article and the flood load and flood resistant construction requirements of the Building Codes are to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

(1)

Minimize unnecessary disruption of commerce, access, and public service during times of flooding.

(2)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage.

(3)

Manage the alteration of natural floodplains, stream channels, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain.

(4)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.

(5)

Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

(6)

Contribute to improved construction techniques in the floodplain.

(7)

Minimize damage to public and private facilities and utilities.

(8)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

(9)

Minimize the need for rescue and relief efforts associated with flooding.

(10)

Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

(11)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

(12)

Meet the requirements of the NFIP for Town participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.

(Ord. No. 2378, § II, 11-4-25)

Pursuant to the requirement established in State statute that the Town of Los Gatos administer and enforce the California Building Standards Code, the Town Council of the Town of Los Gatos hereby acknowledges that the Building Codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this Article is intended to be administered and enforced in conjunction with the Building Codes.

(Ord. No. 2378, § II, 11-4-25)

This Article is not intended to create liability on the part of Town of Los Gatos, any officer or employee thereof, the State of California, or the FEMA, for any flood damage that results from reliance on this Article or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of this Article, while acting for the Town in good faith and without malice in the discharge of the duties required by this Article or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage occurring to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by a legal representative of the Town until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article.

(Ord. No. 2378, § II, 11-4-25)

The provisions of this Article shall not be deemed to nullify any provisions of local, state, or federal law.

(Ord. No. 2378, § II, 11-4-25)

This Article supersedes any ordinance in effect in flood hazard areas. However, this Article is not intended to repeal, abrogate, or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or Building Codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between this Article and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.

(Ord. No. 2378, § II, 11-4-25)