Chapter 15 — FLOODPLAIN MANAGEMENT REGULATIONS

• Prior ordinance history: Ords. 209.1 and 209.2.

Section XI-15-1 - Statutory Authorization, Findings of Fact, Purpose and Methods

XI-15-1.1 - Statutory Authorization

The Legislature of the State of California has in Government Code Sections 65302, 65560, 65800, and Water Code Sections 8400 et. seq., conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Milpitas, in the County of Santa Clara, California does adopt the following floodplain management regulations.

(Ord. 209.4 (part), 11/7/95: Ord. 209.3(A) (part), 5/4/93)

XI-15-1.2 - Findings of Fact

(a)

The flood hazard areas of the City of Milpitas are subject to periodic inundation which results in loss 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.

(b)

These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-1.3 - Statement of 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 to:

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

Minimize prolonged business interruptions;

(e)

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(f)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(g)

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-1.4 - Methods of Reducing Flood Losses

In order to accomplish its purposes, this Chapter includes methods and provisions to:

(a)

Restrict or prohibit 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;

(b)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c)

Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

(d)

Control filling, grading, dredging and other development which may increase flood damage; and

(e)

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. 209.3(A) (part), 5/4/93)

Section XI-15-2 - 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.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter.

"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate 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. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard." See "Special flood hazard area."

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this Chapter.

"Basement" means any area of the building having its floor subgrade, i.e., below ground level on all sides.

"Building." See "Structure."

"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.

"Development permit" means any building permit pursuant to Chapter 1, Title 11 of the Milpitas Municipal Code.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"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) is completed before the effective date of the floodplain management regulations adopted by a community.

"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, flooding or floodwater" means:

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and

The condition resulting from flood-related erosion (see "Flood-related erosion").

"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 Flood Insurance Rate Map, 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 "Flooding").

"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this Chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" 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 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."

"Floodway encroachment lines" means the lines marking the limits of floodways on Federal, State and local floodplain maps.

"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and victimization" as related to Section XI-15-6, Variances, of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Milpitas, City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to

increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring.

In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

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

"Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" as related to Section XI-15-6, Variances, of this Chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City of Milpitas, City Council requires that the hardship be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"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 the 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 by the Secretary of the Interior in states with approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"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 (see "Basement") 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 nonelevation design requirements of this Chapter. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)

"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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

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

"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.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

"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) is completed on or after the effective date of floodplain management regulations adopted by this community.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood." See "Base flood."

"Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.

"Public safety and nuisance" as related to Section XI-15-6, Variances, of this Chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

"Recreational vehicle" means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory 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.

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

"Sheet flow area." See "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area having special flood, and shown on a FIRM as Zone A, AO, AI-A30, AE, A99, AH.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. 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. For a 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 that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"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 forty-nine percent (49%) of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds forty-nine percent (49%) of the market value of the structure before the start of construction of the improvement. This term also means multiple permitted improvements to a structure in which the cost valuations, when added cumulatively, equals or exceeds forty-nine percent (49%) of the market value of the structure, as determined prior to the construction, of the first improvement to the structure after January 1, 1996. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

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

All improvements to structures within the Special Flood Hazard Area (SFHA) that require a City permit, and the cost valuations for the proposed improvements submitted in conjunction with the City permit, shall be tracked by the City for a time period of not less than ten (10) years commencing on January 1, 1996.

"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.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 209.4 (part), 11/7/95; Ord. 209.3(A) (part), 5/4/93)

Section XI-15-3 - General Provisions

XI-15-3.1 - Lands to Which this Chapter Applies

This Chapter shall apply to all areas of special flood hazards within the jurisdiction of City of Milpitas.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-3.2 - Basis for Establishing the Areas of Special Flood Hazard

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated July 4, 1988 and accompanying Flood Insurance Rate Maps (FIRMs) dated July 4, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the City Council by the Floodplain Administrator. The study and FIRMs are on file at 455 East Calaveras Boulevard, City Hall, Department of Community Development.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-3.3 - Compliance

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-3.4 - Abrogation and Greater Restrictions

This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-3.5 - Interpretation

In the interpretation and application of this Chapter, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under State statutes.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-3.6 - 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 City Council, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-3.7 - Severability

This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 209.3(A) (part), 5/4/93)

Section XI-15-4 - Administration

XI-15-4.1 - Establishment of Development Permit

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section XI-15-3.2. 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:

(a)

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

(b)

Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in Section XI-15-5.1(c)(3); and

(c)

All appropriate certifications listed in Section XI-15-4.3(d) of this Chapter; and

(d)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-4.2 - Designation of the Floodplain Administrator

The City Manager is appointed to administer, implement and enforce this Chapter by granting or denying development permits in accord with its provisions.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-4.3 - Duties and Responsibilities of the Floodplain Administrator

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(a)

Permit Review. Review all development permits to determine that:

(1)

Permit requirements of this Chapter have been satisfied;

(2)

All other required State and Federal permits have been obtained;

(3)

The site is reasonably safe from flooding; and

(4)

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 Chapter, "adversely affects" means that the cumulative effect of the proposed 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.

(b)

Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section XI-15-3.2, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer Section XI-15-5. Any such information shall be submitted to the City Council for adoption.

(c)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.

(d)

Notification of Other Agencies. In alteration or relocation of a watercourse:

(1)

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

(2)

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

(3)

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

(e)

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(1)

Certification required by Section XI-15-5.1(c)(1) (floor elevations);

(2)

Certification required by Section XI-15-5.1(c)(2) (elevation or floodproofing of nonresidential structures);

(3)

Certification required by Section XI-15-5.1(c)(3) (wet floodproofing standard);

(4)

Certification of elevation required by Section XI-15-5.3(b) (subdivision standards);

(5)

Certification required by Section XI-15-5.6(a) (floodway encroachments).

(f)

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 XI-15-6.

(g)

Remedial Action. Take action to remedy violations of this Chapter as specified in Section XI-15-3.3.

(Ord. No. 209.5, § 2, 5/4/21; Ord. 209.3(A) (part), 5/4/93)

XI-15-4.4 - Appeals

The City Council of City of Milpitas 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 Chapter.

(Ord. 209.3(A) (part), 5/4/93)

Section XI-15-5 - Provisions For Flood Hazard Reduction

XI-15-5.1 - Standards of Construction

In all areas of special flood hazards the following standards are required:

(a)

Anchoring.

(1)

All new construction and substantial improvements, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All manufactured homes shall meet the anchoring standards of Section XI-15-5.4.

(b)

Construction Materials and Methods. All new construction and substantial improvements, including manufactured homes, shall be constructed:

(1)

With materials and utility equipment resistant to flood damage;

(2)

Using methods and practices that minimize flood damage;

(3)

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; and

(4)

Within Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(c)

Elevation and Floodproofing. (See Section XI-15-2, definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

(1)

Residential construction, new or substantial improvement, including manufactured homes, shall have the lowest floor, including basement:

(i)

In an AO Zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one (1) foot, or elevated at least three (3) feet above the highest adjacent grade if no depth number is specified.

(ii)

In an A Zone, elevated at least one (1) foot above the base flood elevation, as determined by the developer's engineer, and approved by the City Engineer.

(iii)

In all other zones, be elevated at least one (1) foot above the base flood elevation.

This includes all non-flood resistant building material and all of the structure's support equipment such as, but not limited to, electrical, heating, ventilation ductworks, plumbing, and air conditioning equipment and other service facilities that could be damaged if submerged under water.

Upon the completion of the structure, the elevation of the lowest floor including basement and the structure's support equipment shall be certified by a registered professional engineer or surveyor, to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(2)

Nonresidential construction shall either be elevated to conform with Section XI-15-5.1(c)(1) or together with attendant utility and sanitary facilities:

(i)

Be floodproofed below the elevation recommended under subsection (c)(1) of this Section so that the structure is watertight with walls substantially impermeable to the passage of water;

(ii)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii)

Be certified by a registered professional engineer or architect that the standards of this Section are satisfied. Such certification shall be provided to the Floodplain Administrator.

(3)

All new construction and substantial improvement with fully enclosed areas below the lowest floor

(excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

(i)

Be certified by a registered professional engineer or architect; or

(ii)

Be certified to comply with a local flood-proofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or

(iii)

Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) 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 floodwater.

(4)

Manufactured homes shall also meet the standards in Section XI-15-5.4.

(Ord. No. 309, § 11, 1/19/21; Ord. 209.3(A) (part), 5/4/93)

XI-15-5.2 - Standards for Utilities

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1)

Infiltration of floodwaters into the systems; and

(2)

Discharge from the systems into floodwaters.

(b)

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-5.3 - Standards for Subdivisions

(a)

All subdivision proposals shall be required to identify the flood hazard area and the elevation of the base flood.

(b)

All building plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-5.4 - Standards for Manufactured Homes

(a)

All manufactured homes that are placed or substantially improved, within Zones A, AO, A1-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:

(1)

Outside of a manufactured home park or subdivision;

(2)

In a new manufactured home park or subdivision;

(3)

In an expansion to an existing manufactured home park or subdivision; or

(4)

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood;

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one (1) foot above the base flood elevation as determined by the homeowner, and subject to the approval of the City Engineer and shall be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(b)

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A, AO, A1-30, AH and AE, on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection (a) of this Section shall be elevated so that either the:

(1)

Lowest floor of the manufactured home is at least one (1) foot above the base flood elevation; or

(2)

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(Ord. 209.4 (part), 11/7/95: Ord. 209.3(A) (part), 5/4/93)

XI-15-5.5 - Standards for Recreational Vehicles

(a)

All recreational vehicles placed on sites within Zones A, AO, A1-30, AH and AE, on the community's Flood Insurance Rate Map will either:

(1)

Be on the site for fewer than one hundred eighty (180) consecutive days; or

(2)

Be fully licensed and ready for highway use—A recreational vehicle is ready for highway use if 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; or

(3)

Meet the permit requirements of Section XI-15-4 of this Chapter and the elevation and anchoring requirements for manufactured homes in Section XI-15-5.4(a).

(Ord. 209.4 (part), 11/7/95: Ord. 209.3(A) (part), 5/4/93)

XI-15-5.6 - Floodways

Located within areas of special flood hazard established in Section XI-15-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(a)

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided, demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

(b)

If Section XI-15-5.6(a) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section XI-15-5.

(Ord. 209.3(A) (part), 5/4/93)

Section XI-15-6 - Variance Procedure

XI-15-6.1 - Nature of Variances

The variance criteria set forth in this Section of this Chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.

It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in this Chapter are quite rare. The long term goal of

preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-6.2 - Appeal Board

(a)

In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and the:

(1)

Danger that materials may be swept onto other lands to the injury of others;

(2)

Danger of life and property due to flooding or erosion damage;

(3)

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

(4)

Importance of the services provided by the proposed facility to the community;

(5)

Necessity to the facility of a waterfront location, where applicable;

(6)

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

Compatibility of the proposed use with existing and anticipated development;

(8)

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

Safety of access to the property in time of flood for ordinary and emergency vehicles;

(10)

Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and

(11)

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.

(b)

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1)

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 Twenty-Five Dollars ($25.00) for One Hundred Dollars ($100.00) of insurance coverage; and

(2)

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator 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.

(c)

The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Ord. 209.3(A) (part), 5/4/93)

XI-15-6.3 - Conditions for Variances

(a)

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections XI-15-4 and XI-15-5 of this Chapter have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.

(b)

Variances may be issued for the repair or rehabilitation of historic structures (as defined in Section XI-15-2 of this Chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(d)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of this Chapter.

(e)

Variances shall only be issued upon a:

(1)

Showing of good and sufficient cause;

(2)

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section XI-15-2 of this Chapter) to the applicant; and

(3)

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section XI-15-2 (see "Public safety or nuisance"), cause fraud or victimization (as defined in Section XI-15-2) of the public, or conflict with existing local laws or ordinances.

(f)

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (a) through (e) of this Section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(g)

Upon consideration of the factors of Section XI-15-6.1(a) and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

(Ord. 209.3(A) (part), 5/4/93)

Chapter 16 - STORMWATER AND URBAN RUNOFF POLLUTION CONTROL[[28]]

Footnotes:

--- ( 28 ) ---

Editor's note— Ord. No. 239.7, § 2, adopted June 5, 2012, amended the Code by, in effect, repealing former Ch. 16, §§ XI-16-1—XI-16-16, and adding a new Ch. 16. Former Ch. 16 pertained to similar subject matter, and derived from Ord. 239.3, Exh. A (part), adopted October 7, 2003; Ord. 239.4(2), adopted September 6, 2005; Ord. 239.5, adopted January 17, 2006; and Ord. No. 239.6, adopted May 17, 2011.

XI-16-1 - Purpose

The purpose of this Chapter is to provide regulations and give legal effect to certain requirements of the Waste Discharge Requirements and National Pollutant Discharge Elimination System permit for the discharge of stormwater runoff from the City's municipal separate storm sewer (MS4), issued by the California Regional Water Quality Control Board, San Francisco Region to the City of Milpitas. This Chapter shall apply to all water entering the City of Milpitas storm drain system generated on any developed and undeveloped lands lying within the City. This Chapter shall be construed to ensure consistency with the requirements of federal and state law, and any applicable implementing regulations, as they exist at the time of enactment or as later amended.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-2 - Definitions

For the purposes of this Chapter, the following words and phrases shall have the meaning given to them in this section. Words and phrases not defined in this Chapter shall have the definitions set forth in the City's MS4 permit or by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they currently exist or may be amended.

(a)

"Applicable Materials" means all materials used in industrial or commercial establishments that are stored outdoors, that may be exposed to stormwater, and that have the reasonable potential to degrade the quality of runoff from the site. These include, but are not limited to, grease, garbage, and all materials containing cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, and zinc, which are pollutants that have specifically been identified as known to contribute to impairment of applicable water quality standards.

(b)

"Best Management Practices or BMPs" are operating practices and structural controls implemented to reduce the amounts of pollutants discharged into storm water.

(c)

"City" means and includes all the territory lying within the municipal boundaries of the City of Milpitas as existing as of the date of adoption of the ordinance codified in this Chapter, plus all territory which may be added thereto during the effective term of this Chapter.

(d)

"Discharge," when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or non-stormwater to directly or indirectly enter the storm drain system from an activity or operation. When used as a noun, "discharge" means the pollutants, stormwater and/or non-stormwater that are discharged.

(e)

"Low Impact Development Measures" are source control measures, site design measures, and postconstruction stormwater treatment measures incorporated into the design and construction of a development project. The intent of Low Impact Development is to reduce runoff to the predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring and/or biotreating stormwater runoff close to its source for the purpose of reducing stormwater pollution from the development to the maximum extent practicable.

onstruction of a development project. The intent of Low Impact Development is to reduce runoff to the predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring and/or biotreating stormwater runoff close to its source for the purpose of reducing stormwater pollution from the development to the maximum extent practicable.

(f)

"Municipal Separate Storm Sewer System or MS4 permit" is the National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board, San Francisco Region to the City to regulate discharges from the City's stormwater conveyance system. As defined by the Federal Clean Water Act (40 CFR 122.26(b)(8)), the City's MS4 is the stormwater conveyance system, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains, owned or operated by the City for the purpose of conveying stormwater discharges into waters of the United States.

(g)

"Regulated Project" is a development or redevelopment project, subject to the City's planning, building, or development review, that has the same meaning as defined in Provision C3 of the City's MS4 permit.

(h)

"Small or Detached Single-Family Home Project" is a development project that either creates and/or replaces between 2,500 to 10,000 square feet of impervious surface or is one single new house or the replacement impervious surface at one single existing house, which is not part of a large plan of development.

(i)

"Storm Drain" means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.

(j)

"Storm Water" or "Stormwater" means water that originates from atmospheric moisture (rainfall or snowmelt) and that falls onto land, water or other surfaces. Without any change in meaning, this term may be spelled or written as one word or as two separate words.

(k)

"Urban Runoff" means surface water flow produced by storm and nonstorm events. Nonstorm events include flow from residential, commercial and/or industrial activities including the use of potable and nonpotable water.

(l)

"Water Board" refers to the California Regional Water Quality Control Board, San Francisco Region.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-3 - Administration

This Chapter and the City's MS4 permit shall be implemented, administered, and enforced by the City Manager. The City Manager is hereby authorized to develop, implement, and enforce such policies, procedures, and regulations as may be necessary for compliance with the City's MS4 permit. Any powers granted to or duties imposed upon the City Manager to administer, implement, and enforce the provisions of this Chapter may be delegated to other City personnel.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-4 - Limitations on Point of Discharge

No person shall discharge any substance directly into a manhole or other opening in a City-owned or Citymaintained storm drain or watercourse other than through a City-approved storm drain connection.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-5 - Discharge into Storm Drains Prohibited

It shall be unlawful to discharge nonstormwater or contaminated stormwater into any City storm drain or watercourse. Prohibited discharges include, but are not limited to refuse, solid waste, sewage, commercial and industrial wastes, petroleum products, chemicals, soaps and detergents, solvents, paints, contaminated or chlorinated water from pools, spas and fountains (including those treated with copperbased chemicals), swimming pool water, pesticides, herbicides, fertilizers, weeds, dirt, vegetables, grease, animal wastes, turbid fluids, and wastewater generated from the installation, cleaning, treating and washing of copper architectural features, unless permitted in Section XI-16-8.

Allowable discharges shall not cause impairment of the beneficial uses or quality of water of the state, including but not limited to floating, suspended, or deposited macroscopic particulate matter, foam, or petroleum; bottom deposits or aquatic growths; or alteration of temperature, turbidity, and apparent color;

as defined in the California Water Code or any special requirements of the Water Board, or injure or interfere with the operation of any watercourses within the State.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-6 - Low Impact Development Measures for Regulated Projects Required

(a)

All Regulated Projects not participating in an alternative or in lieu compliance program pursuant to Section XI-16-6(d) shall design and construct Low Impact Development source control, site design, and stormwater treatment measures in order to reduce water quality impacts of urban runoff from the entire project site for the life of the project.

(b)

Low Impact Development Measures must be incorporated into all applicable plan documents. All plan documents and construction activities are subject to inspection and approval by the City.

(c)

No final building or occupancy permit shall be issued without the written certification of the City Manager or his or her designee that the requirements of this Chapter have been satisfied. Such certification shall be in the form prescribed by the City and shall not be issued without payment of all applicable fees, if any, which may be imposed for administration of this Chapter.

(d)

Any applicant may request to participate in an alternative or in lieu compliance program in accordance the requirements and restrictions specified by the City's MS4 permit and the policies, procedures and regulations adopted pursuant to the authority granted in Section XI-16-3.

(e)

Small and detached single-family home projects shall design and construct site design measures in accordance with the City's MS4 permit requirements.

(f)

Nothing in this section shall prohibit the City from requiring source control, site design, or permanent stormwater treatment measures at private or public, commercial, industrial or residential projects that are subject to the City's planning, building, or development authority, but that do not meet the definition of "Regulated Project."

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-7 - Inspection and Maintenance of Permanent Stormwater Treatment Measures

(a)

The property owner(s), its administrators, successors, or any other persons, including any homeowners association, shall take all necessary actions to ensure that permanent stormwater treatment measures are properly maintained so that they continue to operate as originally designed and approved for the life of the development. The City Manager may require verification of proper maintenance be submitted to the City. Any property owner that has been required by this Chapter to construct, install, operate or maintain permanent stormwater treatment measures shall record against the property a document evidencing the permanent maintenance requirement and binding all successors in interest to the maintenance obligation.

(b)

Upon transferring ownership of the property, any property owner that has been required by this Chapter to construct, install, operate or maintain permanent stormwater treatment measures shall provide the new owners with a current copy of this Chapter, and inform the new owners in writing of their obligation to properly operate and maintain the permanent stormwater treatment measures.

(c)

It shall be unlawful to alter, modify, change or remove any permanent stormwater treatment measures without first obtaining the written certification of the City Manager or his or her designee that the requirements of this Chapter have been satisfied.

(d)

Whenever necessary to make an inspection to enforce any provision of this Chapter, or whenever the City Manager or his or her designee has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Chapter, the official may enter such premises at all reasonable times to inspect the premises, to inspect and copy records related to stormwater compliance, and to collect samples and take measurements. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City Attorney is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-8 - Discharges Exempt or Conditionally Exempt from Prohibition

(a)

The following types of discharges are exempt from the provisions of this Chapter:

(1)

Flows from riparian habitats or wetlands;

(2)

Diverted stream flows;

(3)

Flows from natural springs;

(4)

Rising ground waters;

(5)

Uncontaminated and unpolluted groundwater infiltration;

(6)

Single family homes' pumped groundwater, foundation drains, and water from crawl space pumps and footing drains;

(7)

Pumped groundwater from drinking water aquifers; and

(8)

NPDES permitted discharges (individual or general permits).

(b)

The City may conditionally exempt the following additional types discharges from provisions of this Chapter if they have been identified by the City or the Water Board as not being sources of pollutants to receiving waters or if appropriate control measure to eliminate adverse impact of such source are developed and implemented as approved by the City in accordance with the provisions of the City's MS4 permit: The types of discharges that the City may conditionally exempt are as follows:

(1)

Uncontaminated pumped groundwater, foundation drains, and water from crawl space pumps and footing drains at flow rates of less than 10,000 gallons per day;

(2)

Uncontaminated pumped groundwater from monitoring wells installed in non-drinking water aquifers;

(3)

Air conditioning condensate;

(4)

Potable water;

(5)

Individual residential car washing;

(6)

Swimming pool, hot tub, spa, and fountain water;

(7)

Irrigation water, landscape irrigation, and lawn or garden water.

Although not prohibited, the use of nickel and copper as roof materials is discouraged in favor of benign roof materials.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-9 - Public Nuisance

Any violation of this Chapter is hereby declared to be a public nuisance and the City may abate the violation in the manner provided for in Chapter 500 of Title V of this Code.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-10 - Protection From Accidental Discharge

All persons shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter into any storm drain or watercourse. Contractors shall provide Best Management Practices sufficient to provide protection from accidental discharge of prohibited materials or other waste at all times. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the person's expense. In the event the City Manager or his or her designee determines that reasonable means of protection have not been taken, the City Manager or his or her designee may issue a Notice of Noncompliance and may arrange for corrective action by City staff or a third party. All expenses incurred by the City and third parties associated with an actual or potential discharge shall be reimbursed by the responsible party pursuant to the procedures in Section 11 of this Chapter.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-11 - Accidental Discharge—Notification of Discharge

(a)

All persons shall notify the City by telephone immediately by dialing 911 upon accidentally discharging any material other than an acceptable discharge into a storm drain or watercourse to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. Prohibited discharges include but are not limited to:

(1)

Sewage;

(2)

Discharges of wash water resulting from the cleaning of exterior surfaces and pavement, or the equipment and other facilities of any commercial business, or any other public or private facility;

(3)

Discharges of runoff from material storage areas, including containing chemicals, fuels, or other potentially polluting or hazardous materials;

(4)

Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water;

(5)

Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes; and

(6)

Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water, etc.).

The City, at its sole option, may direct the person or persons responsible for the discharge to perform cleanup activities when it is deemed by the City that the person or persons have the capability to perform such activities. All violations shall be corrected in a timely manner before the next rain event, but no longer than ten (10) business days after the violations are discovered.

(b)

The person deemed by the City responsible for the discharge shall, within five (5) days of the date of occurrence, provide a detailed written statement to the City Manager or his or her designee describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this Chapter or for any fines imposed on the City on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State or federal law.

(c)

Persons deemed by the City responsible for the discharge are responsible for all expenses resulting from the discharge, including, but not limited to, damages, fines, and costs of clean-up, whether performed by their own efforts, City efforts, or the efforts of a third party. Reimbursement of City efforts shall be determined by the number of personnel required and amount of time necessary for the coordination of City efforts and actual clean-up. All personnel costs shall be charged at their current fully-burdened rate, including overtime, plus any and all other direct costs.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-12 - Watercourse Protection

(a)

Watercourse Protection Requirements. Every person owning, operating, or leasing property adjacent to a watercourse shall comply with the "Guidelines and Standards for Land Use Near Streams" prepared by the Santa Clara Valley Water District Water Resources Collaborative for all development, construction and maintenance activities conducted on lands adjacent to the watercourse.

(b)

Acts Requiring a City Permit. No person shall commit or cause to be committed any of the following acts, unless an encroachment permit or an approved plan has been issued by the City Manager or his or her designee to the applicant:

(1)

Construct, alter, enlarge, connect to, discharge to, change, or remove any structure in a City-owned or Citymaintained watercourse;

(2)

Modify the natural flow of water in a City-owned or City-maintained watercourse;

(3)

Deposit in, plan in, or remove any material from, a City-owned or City-maintained watercourse, including its banks, except as required for necessary maintenance.

(c)

Suspension or Revocation of City Permit. The City Manager or his or her designee may suspend or revoke a permit issued under this title whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance, the terms of the permit, regulations, or any of the provisions of this Chapter.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-13 - Industrial and Commercial Site Controls

(a)

Proper Outdoor Process, Storage, Maintenance, Wash Area, and Drainage Required. All applicable materials stored outdoors at a commercial or industrial establishment shall be managed in a manner that minimizes the discharge of pollutants to stormwater and is required to meet water quality standards. Industrial and commercial businesses are prohibited from causing or contributing to pollution of stormwater runoff from:

(1)

Outdoor process and manufacturing areas;

(2)

Outdoor material storage areas;

(3)

Outdoor waste storage and disposal areas;

(4)

Outdoor vehicle and equipment storage and maintenance areas;

(5)

Outdoor wash areas;

(6)

Outdoor drainage from indoor areas;

(7)

Rooftop equipment;

(8)

Other sources determined by the City or the Water Board to have a reasonable potential to contribute to pollution of stormwater runoff.

Establishments covered by the Industrial Stormwater General NPDES Permit adopted by the California Water Resources Control Board shall address this requirement in applicable provisions of their Stormwater Pollution Prevention Plan (SWPPP).

(b)

Protection Against Accidental Discharge. Each property owner, its administrators, successors or any other persons who store applicable materials outdoors at a commercial or industrial establishment shall provide protection against the accidental discharge of prohibited materials to the City's storm drain system or Watercourse. Such protection may include, but is not limited to, secondary containment systems or any equivalent protective measures. Any system that includes the permanent modification of a building, site, or the addition of a building or structure, shall be submitted to the City's Planning Department and Building Division for approval in accordance with applicable codes. All facilities to prevent the accidental discharge of prohibited materials to the City's storm drain system or watercourse shall be provided and maintained at the owner or operator's expense.

(c)

Report of Accidental Discharge to the Storm Drain. The property owner, its administrators, successors, or any other persons shall notify the City of any accidental discharge to the City's storm drain system or watercourse as described in Section XI-16-11 of this Code. Each commercial or industrial establishment shall also retain an on-site written record of all accidental discharges of prohibited materials (whether or not

arge to the Storm Drain. The property owner, its administrators, successors, or any other persons shall notify the City of any accidental discharge to the City's storm drain system or watercourse as described in Section XI-16-11 of this Code. Each commercial or industrial establishment shall also retain an on-site written record of all accidental discharges of prohibited materials (whether or not

such discharge actually entered the City's storm drain system or watercourse) and the actions taken to prevent their reoccurrence. Such records shall be retained for at least five years.

(d)

Posted Notice. Each commercial or industrial establishment shall permanently post in a conspicuous place on the premises of the establishment a notice advising employees of the requirements of Section XI-16-13 and the telephone number to call in case of such an accidental discharge.

(e)

The City shall have the authority to enter industrial and commercial properties for the purpose of inspecting site controls and enforcing corrective measures to obtain effective stormwater pollutant controls. The City shall have the authority to require the owners and/or operators of industrial and commercial facilities to implement BMPs to address pollutant sources associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking areas and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, and contaminated and erodible surface areas, and other sources determined by the Permittees or Water Board Executive Officer to have a reasonable potential to contribute to pollution of stormwater runoff.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-14 - Enforcement and Penalties

(a)

Criminal Penalties. Violations of the provisions of this Chapter shall be subject to criminal penalties as provided in Section I-1-4.09-1 of this Code.

(b)

Judicial Civil Penalties. Any person who intentionally or negligently violates any provision of this Chapter or any provision of any permit or certificate issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed $25,000.00 per day for each day in which such violation occurs.

(c)

Administrative Citations. When the City Manager and/or his or her designee determines that one or more violations of this Chapter have occurred an administrative citation may be issued pursuant to the procedures set forth in Sections I-21-1.01 through I-21-1.14. The schedule of fines for administrative citations issued for violations of this Chapter shall be set forth in the schedule of fines established by resolution of the City Council.

(d)

Notice of Noncompliance. If the severity of the violation warrants immediate action, a Notice of Noncompliance or Stop Work Notice shall be issued, permits may be suspended or revoked, Stormwater Pollution Prevention Plans may be found in noncompliance, and corrective actions may be implemented in

accordance with Section 11 of this Chapter. For all other cases, including those sites or projects where a stormwater pollution prevention plan is not required, the City Manager or his or her designee shall issue a Notice of Noncompliance that shall enumerate the violations found. The City Manager or his or her designee shall order compliance by a date or hour certain at his or her discretion. If the violations are not abated in the time period identified in the Notice of Noncompliance, the site shall be deemed to be in noncompliance with federal, State and local laws and the City Manager or his or her designee shall have the authority to issue a Stop Work Notice and/or deem the Stormwater Pollution Prevention Plan inadequate. If a Stop Work Notice is issued, corrective actions must be performed until the site has achieved compliance. Corrective actions may include revision and resubmission of any Plan, including, but not limited to, Stormwater Pollution Prevention Plan, Erosion Control Plan or Grading Plan. The City

Manager or his or her designee may also require a discharger that has violated any discharge limits contained in this Chapter to install a temporary system for the capture, testing, and release of stormwater.

(e)

Suspension of Utility Service. The City may, without prior notice, suspend water service, sanitary sewer service, and/or storm drain discharge access to a person discharging to the storm drain system when such suspension is necessary to stop an actual or threatened discharge which presents, or may present, imminent and substantial danger to the environment or to the health or welfare of persons; or presents, or may present, imminent and substantial danger to the storm drain system.

(f)

For construction projects where a total of three or more Stop Work Notices and Notices of Noncompliance for urban runoff violations have been issued, the City Manager or his or her designee may require the contractor to hire a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) within three business days. The QSD/QSP shall establish effective BMPs, provide guidance for improvement for the duration of the project, and certify compliance. A Stop Work Notice shall be issued for failure to comply.

(g)

Remedies Cumulative. The remedies provided in this section are cumulative and not exclusive, and shall be in addition to any other penalty provided for in this Chapter and shall be in addition to all other remedies available to the City under State and federal law.

(Ord. No. 290, § 4, 5/17/16; Ord. No. 239.7, § 2, 6/5/12)

XI-16-15 - Use of Proceeds of Fines and Penalties

Funds collected pursuant to this Chapter shall be paid to the City's urban runoff violation account and may be used for any purpose related to this Chapter or the City's implementation, administration, or enforcement of the City's MS4 permit.

(Ord. No. 239.7, § 2, 6/5/12)

XI-16-16 - Connection Fees

Prior to connection or discharge to any storm drain facility from a new development or a redevelopment project (directly or indirectly), connectors shall pay City a fee for connection/discharge to the City's storm drain system as set by resolution of the City Council pursuant to Title VIII, Chapter 4 of this Code.

The purpose of the fee imposed by this section is to fund facilities (whether presently in existence or not) necessary to provide storm drain services, and revenues derived from the fee imposed by this section shall be used solely for that purpose.

(Ord. No. 239.8, § 2, 2/20/24; Ord. No. 239.7, § 2, 6/5/12)

Chapter 20 - CONVERSION OF MOBILE HOME PARKS TO OTHER USES

Section:

Section 1 - Findings and Purpose

XI-20-1.01 - Findings and Purpose

The City Council hereby does find and declare that the following conditions and circumstances exist within the City of Milpitas and that they make necessary the regulations contained in this Chapter.

1.01-1 Available space in mobile home parks in Milpitas and in Santa Clara County is in very short supply.

1.01-2 Mobile home owners cannot move without great expense and the possible risk of damage to their home.

1.01-3 The majority of mobile home park residents are of low and very low income.

1.01-4 Due to the stated circumstances, spaces in mobile home parks in the City represent an important component of the housing stock, especially for senior citizens and persons of low and very low income.

1.01-5 Government Code Sections 65863.7 and 66427.4 require that, prior to a mobile home park conversion to other uses, or prior to closure of such park or cessation of use of the land as a mobile home park, or at the filing of a subdivision map for a subdivision to be created from any such conversion, the proponent of change of use must file a report on the impact of such change with the public agency having jurisdiction over the mobile home park and that such agency has the power to require measures to be undertaken to mitigate the adverse effect of the change upon the residents of such park who would be displaced by such change.

1.01-6 The City Council's purpose in enacting the ordinance codified in this Chapter is to provide uniform procedures and standards for relocation benefits so that park owners and coach owners understand their rights and responsibilities and there is a minimum of disruption to all the parties concerned.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 2 - Definitions

XI-20-2.00 - Generally

As used in this Chapter, the following words and phrases shall have the meanings set out in this Section.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.01 - Applicant

"Applicant" shall mean any person, firm, entity, or corporation applying for a Mobile Home Park Conversion Permit or the owner of a mobile home park whose mobile home park has been determined to be undergoing a change of use pursuant to Section 6 of this Chapter. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application.

tion applying for a Mobile Home Park Conversion Permit or the owner of a mobile home park whose mobile home park has been determined to be undergoing a change of use pursuant to Section 6 of this Chapter. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.02 - Change of Use

"Change of use" shall mean a use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes for human habitation. "Change of use" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the park are to be sold, and the cessation of use of all or a portion of the park, whether immediately or on a gradual basis, or the closure of the park.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.03 - City Manager's Designee

"City Manger's Designee" shall mean the City Manager or his or her designated representative.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.04 - Commercial Coach

"Commercial coach" shall mean a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.05 - Comparable Housing

"Comparable housing" shall mean housing which is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.06 - Comparable Mobile Home Park

"Comparable mobile home park" shall mean any other mobile home park substantially equal in terms of park amenities, rent, and other relevant factors, such as proximity to public transportation and shopping, the job market where a displaced resident is gainfully employed, and proximity to schools if the resident has school-age children.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.07 - Eligible Mobile Home Owner

"Eligible mobile home owner" shall mean a mobile home owner whose mobile home was located in a mobile home park or trailer park on the earlier of the following:

2.08-1 The date of application for a change of use;

2.08-2 The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section XI-20-6, if such notice was filed.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.08 - In Place Value

"In place value" shall mean the market rate monetary value of the mobile home in its current location at the time an applicant files an application for rezoning of land use type or density, or for approval of a tentative map, or for a special development permit, or for a use permit for the purpose of a change of use of mobile home park or trailer park or any part thereof, or any change in the park's status to a vacant use as determined pursuant to this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.09 - Mobile Home

2.09-1 "Mobile home" shall mean:

(a)

A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35970 of the Vehicle Code;

(b)

A mobile home, as defined in the Mobile Home Residency Law, Civil Code Section 798 et seq., as now in effect or subsequently amended; or

(c)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(a)

A recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code;

(b)

A commercial coach; or

(c)

Factory-built housing, as defined in Section 19971 of the Health and Safety Code.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.10 - Mobile Home Owner

"Mobile home owner" shall mean the registered owner or registered owners of a mobile home, regardless of the number of such owners or the form of such ownership. Any relocation assistance payable to an owner of a mobile home shall be deemed paid to all owners of that mobile home when paid to any one of them.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.11 - Mobile Home Park

"Mobile home park" shall mean any area or tract of land where mobile home lots are rented or leased to accommodate mobile homes used for human habitation.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.12 - Mobile Home Site

"Mobile home site" shall mean an area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.13 - Mobile Home Tenant

"Mobile home tenant" shall mean a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 3 - Procedure for a Mobile Home Park Conversion Permit

XI-20-3.01 - Pre-Application for a Mobile Home Park Conversion Permit

Prior to conversion of a mobile home park, the applicant shall file a preapplication request to provide an opportunity for the applicant to understand the requirements, procedures and steps that must be taken before a Mobile Home Park Conversion Permit may be approved. City staff shall conduct a preapplication

work session with the applicant to discuss the City's requirements and the project's ultimate impact on the residential housing stock of the City prior to the preparation of plans and/or tentative tract maps in order to avoid the possible expenditure of substantial energy and expense in a manner not consistent with the guidelines for such projects, and also to allow the applicant to make changes, at an early stage, prior to the preparation and filing of entitlement applications.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-3.02 - Application for a Mobile Home Park Conversion Permit

3.02-1 Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or cease to use land as a mobile home park shall apply for a conversion permit by submitting a completed application to the City. The application shall be accompanied by the following:

(a)

An application fee in the amount specified by resolution of the City Council;

(b)

A list of the names and addresses of all owners, and mobile home tenants within the park as of the day of submitting the application;

(c)

The proposed timetable for conversion, closure, or cessation of use of the land as a mobile home park and obtaining other discretionary approvals;

(d)

A list of the other discretionary approvals required for the change of use, including but not limited to a General Plan Amendment, rezoning, or tentative or parcel map;

(e)

A conversion impact study report prepared in accordance with Section XI-20-5; and

(f)

Any other information which may be required by the City to ensure compliance with City policies and procedure, this division, the provisions of this Code, and requirements of state law.

3.02-2 Within thirty (30) days after receipt of an application for a conversion permit, the City shall determine if the application is complete. If the application is not complete, the City Manager's Designee shall notify the applicant, in writing, of the deficiency or deficiencies. The applicant shall correct any deficiencies within sixty (60) days of mailing of the notice, unless extended by agreement; otherwise the application shall be deemed to have been abandoned.

3.02-3 Within ten (10) days after the City has deemed an application to be complete, the applicant shall notify the mobile home owners and tenants of the subject park of the application filed with the City and

what the applicant is requesting.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-3.03 - Applicant Financially Responsible

An applicant shall be entirely financially responsible for including, but not limited to, the housing specialists and the conversion impact report. Such financial responsibility shall not include the cost of an appraisal by the mobile home owner of their individual mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-3.04 - Approval

No application for a Mobile Home Park Conversion Permit shall be approved unless and until the City Council shall have determined that the conversion impact report complies with the requirements of this Chapter. The approval of an exemption from relocation assistance obligations shall have the effect of elimination of the requirement of such portion of the conversion impact report. If such conversion impact report is determined not to comply with the requirements of this Chapter, the aforementioned permit shall not be considered further unless and until the report is revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 4 - Maintenance of Housing Specialist List

XI-20-4.01 - Duty of the City Manager's Designee to Maintain List of Housing Specialists—Required Qualifications

The City Manager's Designee shall compile and maintain a list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting residents in locating replacement housing, rendering financial advice on qualifying for various housing types, explanation of the range of housing alternatives available, the ability to gather and present to persons needing housing relocation assistance, adequate information as to available housing, and the ability to transport persons unable to drive to housing alternatives.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 5 - Conversion Impact Report

XI-20-5.01 - Conversion Impact Study and Report

The City shall select a consultant to prepare a conversion impact study and the conversion impact report within thirty (30) days of the receipt of a written request from the applicant following the pre-application meeting between the applicant and the City.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-5.02 - Required Information

Each conversion impact report shall be tailored to address the specific problems and needs for each application and mobile home park and shall contain the following information:

5.02-1 The number of residents in the mobile home park, including their names and addresses, length of occupancy, and current lease or rental rates and terms. Information on household income, ages and physical disabilities, if any, of the residents shall also be included whenever possible. The list shall indicate whether each person included owns the mobile home or is a tenant, and shall clearly indicate the persons who are not residing in the park. Because the use of such a list has a significant effect on the privacy of the persons who may be identified therein, the City Manager's Designee shall maintain each such list as a confidential public record which shall not be disclosed to the public except pursuant to the judgment, order or decree of a court of competent jurisdiction issued pursuant to the California Public Records Act, Sections 6250 et seq., of the Government Code.

5.02-2 The age, including date of manufacture, condition, and the size of each affected mobile home within such park, including the type of mobile home, width characteristics, size, and number identifying the mobile home site being occupied.

5.02-3 A list of all mobile home parks within a two hundred (200) mile radius of such park. The list shall identify if the parks are comparable mobile home parks, contain a schedule of site rental rates for each park, and list the criteria of the management of each park for acceptance of new tenants. The number of vacant spaces available in each park should be included, as well as the type of mobile home which can be accommodated (single or double wide).

5.02-4 The average vacancy rate, mobile home lot lease rates, tenant rental rates, number of evictions, and the reason(s) for each eviction in the subject mobile home park for each of the three (3) years prior to the filing of the application for a conversion permit.

5.02-5 A designation of the names, addresses and telephone numbers of one or more housing specialists from the list compiled by the City Manager's Designee pursuant to Section 4, and the names, addresses and telephone numbers and fee schedules of persons qualified as mobile home movers and of persons who are qualified appraisers of mobile homes. There shall be included an explanation of the services which the housing specialists will provide. The applicant may designate other housing specialists, mobile home movers, and appraisers; provided, however, that use of any such persons pursuant to this Chapter shall be subject to approval by the City Manager's Designee after an investigation into the qualifications of any such persons.

5.02-6 A relocation plan, which will include a timetable for implementation of the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one or more other uses. The plan shall also include the estimated reasonable cost of relocating the mobile homes identified as able to relocate to a comparable mobile home park within the study area. The costs of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding, and unpacking, as necessary, the mobile home, all personal property, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property. Provision shall be made for those mobile home owners who have a demonstrated urgent need to relocate prior to the date set forth in the impact report. Such provision shall be limited to payments of a reasonable approximation of the in-place value as determined by the Council.

5.02-7 A specification of relocation assistance, which shall comply with the requirements of Section 9.

5.02-8 A description of the proposed new use.

5.02-10 Any other information which the City determines is needed to address the specific issues raised by the application, the conversion impact study, and in order to implement this Section.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 6 - Determination of Reduced Occupancy

XI-20-6.01 - Occupancy of Park Below 85%—Filing of Notice

6.01-1 Whenever fifteen percent (15%) or more of the total number of mobile home sites of a mobile home park are uninhabited, the owner of such park shall file with the City Manager's Designee a written notice to such effect. For purposes of this Chapter, a mobile home site is "uninhabited" when it is either:

(a)

Unoccupied by a mobile home, or

(b)

Occupied by a mobile home in which no persons reside.

The existence of the condition described by this Subsection shall be deemed a "change of use" for purposes of this Chapter.

6.01-2 If a resident believes that less than eighty-five percent (85%) of the mobile homes are inhabited, the resident may file a written statement to that effect with the City Manager's Designee. Such statement shall indicate the particular sites which the resident believes to be uninhabited. Upon receipt of such statement the City Manager's Designee shall transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which shall state that such statement has been filed and the City will conduct an investigation. The City Manager's Designee shall cause an investigation and inspection to be conducted as to the correctness of such statement.

6.01-3 Upon completion of the investigation and inspection, the Planning Commission shall conduct a public hearing as to the correctness of the statement upon not less than thirty (30) days written notice to the owner and the residents of the mobile home park, and any resident thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the Planning Commission shall make a determination as to whether the statement is or is not correct. Written notice of the Planning Commission's determination shall be given to the owner of the mobile home park and the resident who filed the statement. A copy of such notice shall be filed with the City Clerk.

6.01.4 If the Planning Commission determines that the mobile home park is undergoing a change of use, the notice of determination shall also direct the owner to apply for a Mobile Home Park Conversion Permit pursuant to this Chapter, and the City Manager's Designee shall establish a reasonable period of time for

the preparation of the conversion impact report. The City Manager's Designee shall also schedule public hearings before the Planning Commission and City Council regarding granting the Mobile Home Conversion Permit if such permit is required. Such hearings shall be scheduled so as to allow adequate time for notice and distribution of the conversion impact report to mobile home owners and tenants and the scheduling of informational meetings pursuant to Section 7.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-6.02 - Appeal of Planning Commission Determination

The determination of the Planning Commission pursuant to Subsection 6.01-2 may be appealed by the resident who filed the statement, by the owner of the mobile home park, or by any other resident thereof by filing a written notice of appeal with the City Clerk not more than fifteen (15) calendar days after the date of the notice of determination. The City Council shall conduct a public hearing on the appeal, and not less than thirty (30) days notice thereof shall be given by the City Manager's Designee to the owner of the mobile home park and the residents thereof. At the public hearing the City Council shall consider the investigation and inspection report of the City Manager's Designee, the evidence presented by the owner of the mobile home park and any resident thereof as to the correctness of the statement, and at the conclusion thereof the City Council shall render a decision on the correctness of the statement.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-6.03 - Failure to File Conversion Impact Report-Nuisance-Abatement

The failure of the owner of a mobile home park to prepare a conversion impact report within the time required by the City Manager's Designee pursuant to Subsection 6.01-3 is hereby determined to have a severely adverse economic effect upon mobile home tenants and eligible mobile home owners due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance. If the owner of the mobile home park fails to prepare or cause to be prepared a conversion impact report within such required time, the City Manager's Designee shall cause such report to be prepared. Upon completion of such report the City Manager's Designee shall cause a statement of the cost of preparation of such report to be sent to the owner of the mobile home park. If the owner of the mobile home park fails to reimburse the City for such cost within thirty (30) calendar days after presentation of such statement, the City Manager's Designee shall prepare an expense statement and file it with the City Clerk. The City Clerk shall thereupon submit written notice to the mobile home park owner of the time and place when the City Council shall receive and consider such expense statement and give the mobile home park owner not less than thirty (30) days written notice thereof by certified mail.

(a)

At the time and place fixed for receiving and considering such expense statement, the City Council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the costs of preparing the same, and the City Manager's Designee shall attend such meeting with his report and expense statement; and upon such hearing, the Council may make such modifications

in the proposed report and costs of preparing said report and assessment thereof as it may deem necessary, after which said report and statement shall be confirmed by resolution.

(b)

The amount of the cost of preparing said report shall constitute special assessment(s) against the respective lot(s) or parcel(s) of land which are the subject of the report and, after thus made and confirmed, shall constitute a lien on such property for the amount of such assessment until paid.

6.03-2 Assessment - Collection. The Director of Finance shall cause the amount of the assessment to be entered on the City assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes are collected and shall be subjected to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for City taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-6.04 - Applicability

The provisions of this Section shall not be applicable if an application for a Mobile Home Park Conversion Permit has been filed pursuant to this Chapter prior to the filing of a notice pursuant to Section 6.01-1, or of a written statement pursuant to Section 6.01-2, where such application is pending.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 7 - Notice - Public Hearing

XI-20-7.01 - Notice and Distribution to Mobile Home Owners and Residents

7.01-1 Not less than thirty (30) days prior to the scheduled public hearing before the Planning Commission on the Mobile Home Park Conversion Permit, the applicant shall transmit to the owner or the occupant of each mobile home occupying a mobile home site within the park, and to all other persons described in Section 5.02, a copy of the conversion impact report, a notice of the public hearing on the Mobile Home Park Conversion Permit, and notice of the information meeting(s) required to be held pursuant to Subsection 7.01-4.

onversion Permit, the applicant shall transmit to the owner or the occupant of each mobile home occupying a mobile home site within the park, and to all other persons described in Section 5.02, a copy of the conversion impact report, a notice of the public hearing on the Mobile Home Park Conversion Permit, and notice of the information meeting(s) required to be held pursuant to Subsection 7.01-4.

7.01-2 The copies of the conversion impact report and this Chapter, and notices of the public hearing and the information meetings, shall be transmitted either by certified mail, return receipt requested, or by personal service. When personal service is made, a written certificate of proof of service shall be filed with the City. Where more than one (1) person occupies a mobile home, notice need only be sent to the person or persons whose name or names appear(s) on the rental agreement pertaining to that mobile home site.

7.01-3 Not less than fifteen (15) days prior to the date of the public hearing, the applicant shall cause to be filed with the City a verification that he or she has complied with the requirements of this Section pertaining to transmittal of copies of the conversion impact report and of this Chapter and of the notices of the public hearing on the Mobile Home Park Conversion Permit and on the informational meeting or meetings. Where

such transmittal has been by certified mail, copies of return receipts shall be filed with the City. When such transmittal has been by personal service, a list shall be filed with the name of each person served and the date of service.

7.01-4 Not later than fourteen (14) days prior to the scheduled public hearing before the Planning Commission on the Mobile Home Park Conversion Permit, the applicant shall conduct not less than one (1) informational meeting for the residents of the mobile home park regarding the status of the application for Mobile Home Park Conversion Permit, the timing of proposed relocation of residents, relocation benefits available, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobile home park. The applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to accommodate all of the residents. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting or meetings.

7.01-5 Not less than five (5) days prior to the public hearing on the Mobile Home Park Conversion Permit, the applicant shall file with the City a statement made under penalty of perjury that he has complied with the requirements of Subsection 7.01-4. Such statement shall state the date, time and place where such meeting(s) was or were conducted.

7.01-6 The City shall publish notice of the public hearing in accordance with the provisions of Section 2.05 of Chapter 20 of Title I of the Milpitas Municipal Code.

7.01-7 When an application for a Mobile Home Park Conversion Permit has been filed with the City, or when the City Manager's Designee has transmitted notice pursuant to Section XI-20-6 that a mobile home park is undergoing a change of use, the owner of such park shall advise each person who commences occupancy of a mobile home of such notice in writing, prior to commencement of such occupancy, that such determination has been made, and that the occupant may not be entitled to any relocation assistance pursuant to Section 9 of this Chapter. The owner of such park shall obtain a signed acknowledgment of each such occupant indicating receipt of such information.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-7.02 - Public Hearing

7.02-1 Within sixty (60) days following the receipt of a completed application for a Mobile Home Park Conversion Permit, including the notices and verifications of notice required by Section 7.01 of this Chapter, the application shall be set for pubic hearing before the Planning Commission. The public hearing shall be opened, conducted, and closed with the sixty (60) day period. However, an extension or extensions cumulatively totaling no more than sixty (60) additional days may be granted if mutually agreed to by the approving body and the applicant.

7.02-2 At the public hearing, or any continuation of it, all interested parties will be allowed to present evidence to the Planning Commission on any aspect of the application. The evidence may include, but not be limited to, justification for the payment of relocation costs, evidence of why a mobile home cannot be relocated to a comparable park, and similar information.

7.02-3 In addition to the information/testimony received at the public hearing, the Planning Commission shall consider the information set forth in the application.

7.02-4 The Planning Commission shall recommend that the City Council make findings as set forth in Section 8 of this Chapter on the Mobile Home Park Conversion Permit application, including any application for exemption from relocation assistance obligations.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 8 - Findings and Determination by City Council

XI-20-8.01 - City Council Action

The City Council may approve, conditionally approve, or deny a Mobile Home Park Conversion Permit involving a proposed change of use (other than simple closure of the park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied, and express local land use authority under both state and local law. The City Council shall not deny, but may approve or conditionally approve, a conversion permit involving the simple closure of the park, or cessation of the use of the land as a mobile home park, with no intended new use of the land as a mobile home park, with no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this Chapter and there is no evidence that the applicant or owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-8.02 - Findings

8.02-1 The City Council, in considering an application for a Mobile Home Conversion Permit, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following factors and any other factors as it deems appropriate:

(a)

Whether the information submitted with the permit application indicates that the proposed conversion, closure, or cessation of use will have an adverse impact upon the residents of the mobile home park;

(b)

Whether there will exist, at the time of the conversion, closure, or cessation of use, sufficient, available mobile home lots within the city and/or within the area surveyed in the impact study to accommodate the mobile homes to be displaced;

(c)

Whether the age, type, condition, and style of mobile homes within the park proposed for conversion, closure, or cessation of use are such that the mobile homes are able to be moved and accepted into other parks within the city or within the area surveyed in the impact study;

(d)

Whether the homeowner cannot relocate to a comparable mobile home park within the impact study area and justification for that conclusion;

(e)

Determination of reasonable costs of relocation based on Section 9 of this Chapter;

(f)

If the proposed conversion is to another residential use, whether the residents of the mobile home park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonably long-term displacements;

(g)

Whether the proposed conversion is consistent with the City's General Plan, any applicable specific plan and/or zoning ordinances;

(h)

Whether the proposed conversion will be detrimental to the public health, safety, and general welfare; and

(i)

Whether all reports and notices required by law have been properly prepared and properly served.

8.02-2 Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Section 10.02-1, the City Council shall make one of the following findings:

(a)

That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that both of the following are true: that the continued use of the property as a mobile home park would eliminate substantially all reasonable use of such property, and that the cost of relocation assistance benefits which would otherwise be required by this Chapter for alternative uses would eliminate substantially all reasonable use or economic value of the property for such uses;

(b)

That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part, because he or she has shown sufficient evidence that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of such property, and that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In making such determination the City Council may take into account the financial history of the mobile home park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated cost of relocation assistance benefits, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobile home park, and other pertinent evidence presented. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit which would otherwise be applicable and shall expressly indicate in its decision any such waiver or elimination and the degree thereof.

8.02-3 Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 10.02-2, the City Council shall make one of the following findings:

(a)

That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit to the extent necessary to comply with the judgment, order or decree of the court;

(b)

That the applicant shall not be exempt from any relocation assistance obligations based upon any actions of a court of bankruptcy, because sufficient evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobile home park, or that such court has prohibited or precluded the payment of any such benefits, or both.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 9 - Conditions

XI-20-9.01 - Applicant to Provide-Exceptions

The applicant shall include within the impact report relocation assistance which complies with the requirements of this Section, and shall be responsible for providing such relocation assistance where the City Council determines that the conversion impact report complies with the requirements of this Chapter and such assistance is a necessary permit condition to mitigate the adverse impact of the conversion of the mobile home park, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 10. As stated in Section 3, the applicant will be responsible for all relocation costs as well as administrative costs associated with the preparation of the conversion impact report by the housing specialists.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.02 - Conditions

In approving a Mobile Home Park Conversion Permit, the City may attach reasonable conditions in order to mitigate the impacts associated with the conversion, closure, or cessation of use. Such conditions may include, without limitation, the following:

(a)

An effective date of termination of tenancy of not less than six (6) months from the date of the approval of the Mobile Home Park Conversion Permit (as required by Civil Code § 798.56(f)) so as to provide sufficient time for the relocation of the mobile homes to other parks;

(b)

Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the Mobile Home Park Conversion Permit application;

(c)

Time for payment of relocation assistance, including payment to residents who relocate within thirty (30) days of approval of the Mobile Home Park Conversion Permit;

(d)

Full payment to each park resident of the resident's reasonable costs of relocation, which may include:

(i)

For homeowners who are unable to relocate, a determination of a fair price for their mobile homes based on information contained in the impact study and received at the public hearing;

(ii)

For homeowners who relocate within fifty (50) miles of the subject mobile home park, the actual costs of dismantling, moving, reassembling, and rebuilding, as necessary, the mobile home, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property; packing, moving, and unpacking all personal property; and costs for meals, lodging, and gas while the mobile home is dismantled, moved and reassembled;

(iii)

For homeowners who relocate their mobile home to a mobile home park further than fifty (50) miles of the subject mobile home park, or to a location other than a mobile home park, assistance may consist of the estimated cost they would have incurred had they relocated to the closest mobile home park which would accept their mobile home, as determined by the impact study;

(iv)

For tenants, the costs may include all reasonable expenses incurred in moving to a new location, up to a maximum distance of fifty (50) miles.

(v)

For those residents who qualify as low or very low income persons or families, as defined by HUD or who are receiving supplemental Social Security benefits, a lump sum based on consideration of the difference between higher rent at the new park for two years and the park that is closing.

(vi)

For those residents who are handicapped or disabled, a lump sum based on consideration of the cost of obtaining any assistance necessary to move, such as help with packing or other physical tasks that the

resident cannot perform without assistance, and to offset the cost of replacing any special equipment that cannot be moved and is used because of the resident's disability.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.03 - Acceptance of Conditions Required

The City's approval of a Mobile Home Park Conversion Permit shall not be valid and effective until the applicant has filed a certificate of acceptance of the conditions of approval with the City.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.04 - Agreement Between the Owner/Tenant and Applicant

In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, the residents and applicant(s) may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this Section, shall include a copy of this Section as an attachment, shall include a provision in at least tenpoint type which clearly informs the resident that he has the right to seek the advice of an attorney of his choice prior to signing the agreement with regard to his rights under such agreement, shall be drafted in the form and content otherwise required by applicable state law and shall be approved by the City Council.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.05 - Services of Housing Experts

All eligible mobile home owners, except for those not occupying mobile homes within the mobile home park, and all mobile homes within the mobile home park, and all mobile home tenants of eligible mobile home owners, shall be provided with the services of one or more housing experts to assist them in relocating to available and appropriate housing upon their request. Any such experts shall be familiar with the housing market, individual needs for housing types, and income and loan requirements of various types of housing. Such assistance shall include financial advice, the explanation of the various housing alternatives available, and transportation of residents who are unable to operate motor vehicles to the various housing alternatives. Any housing experts selected by the applicant shall be subject to the approval of the City Manager's Designee.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.06 - Right of First Refusal—Housing on Site

All eligible mobile home owners and all mobile home tenants of eligible mobile home owners shall be provided with a right of first refusal to purchase housing to be constructed for sale on the site of the mobile home park, or to lease or rent rental housing to be constructed for lease or rental on such site.

No waiver by an eligible mobile home owner of any of his or her rights pursuant to this Section shall be valid or effective for any purpose.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.07 - Urgent Need to Relocate

Provisions shall be made for those mobile home owners who have a demonstrated urgent need to relocate, as determined by the Council, prior to the date set forth in the impact report. Such provisions shall be limited to payments of a reasonable approximation of the in-place value as approved by the Council.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 10 - Application for Exemption from Relocation Assistance Obligations

XI-20-10.01 - Filing—Notice

10.01-1 Any person who files an application for a Mobile Home Park Conversion Permit may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance pursuant to Section 9. The owner of a mobile home park as to whom the City Manager's Designee has made a determination pursuant to Section 6.01-2 may also file such an application for exemption not later than thirty (30) days from the date of transmittal of the notice of determination by the City Manager's Designee pursuant to Section 6.01-3.

10.01-2 If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and occupants of the mobile home park shall be accomplished pursuant to Sections 7.01-1 and 7.01-2.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-10.02 - Basis for Exemption Application

Any such exemption application shall state that it is made on either or both of the following bases:

10.02-1 That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property.

10.02-2 That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-10.03 - Application—Contents

Any such application made pursuant to Subsection 10.02-1 shall contain, at a minimum, the following information:

10.03-1 Statements of profit and loss from the operations of the mobile home park for the most recent five (5) year period of the date of the application or request, certified by a certified public accountant.

10.03-2 If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State of California, certifying that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe and sanitary condition; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home sites within the park within the next five (5) years necessary to pay for such repairs or improvements.

10.03-3 The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this Chapter, which shall be based upon documented surveys included with the application of the available mobile home sites within two hundred (200) miles of the mobile home park, residents of the park who would elect to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park based upon recent sales of representative mobile homes in the park.

10.03-4 An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the use proposed in the application for redevelopment of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.

10.03-5 Such other information which the applicant believes to be pertinent, or which may be required by the City Manager's Designee.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-10.04 - Required Documentation

Any such application filed pursuant to Subsection 10.02-2 shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders and decrees of such court.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 11 - Obligations of Applicant or Mobile Home Park Owner After Approval of Conversion Impact Report

XI-20-11.01 - Applicant Obligations—Time Limits

After the date of the City Council's decision on the Mobile Home Park Conversion Permit, the applicant shall undertake or be responsible for performance of the following obligations, except to the extent that the City Council may have exempted the application therefrom pursuant to Section XI-20-18:

11.01-1 Not later than thirty (30) days from the date of the City Council's decision, the housing specialist or specialists shall make personal contact with each resident of the mobile home park and commence consultations to determine the proper relocation assistance to be provided. The housing specialist or specialists shall give each resident and former resident eligible to receive relocation assistance written

notice of his or her relocation assistance and benefit options, the time limits within which he or she must select the desired option, one (1) or more copies of a standard form to be used for the resident to make his or her selection, and a designation of the person and place to whom and to which completed forms must be submitted.

11.01-2 Not later than four (4) months from the date of the City Council's decision, residents who are entitled to make elections between alternate benefits shall make such selection in writing. Such selection shall be submitted to the park owner or applicant, as the case may be, on a form provided by the housing specialist.

11.01-3 Not less than thirty-five (35) days prior to the date any resident is required to vacate the mobile home park, any cash or monetary relocation assistance shall be paid to such resident, to any former resident eligible for such assistance, or to any person, firm or corporation performing relocation-related services for the resident, as the resident may direct.

11.01-4 Not more than six (6) months from the date of the City Council's decision, any required appraisals of mobile homes shall be completed. If any such appraisal is incomplete due to any act or omission of the mobile home park owner or applicant, the otherwise required time for vacation of the mobile home park by the residents affected by such delay shall be extended by ninety (90) days. If any such appraisal is incomplete due to any act or omission of a mobile home owner, the owner of the mobile home park or the applicant, as the case may be, shall give the owner of the mobile home a written notice of such deficiency, which shall state that if the appraisal is not completed within thirty (30) days of the notice, the appraisal of the mobile home park owner or applicant, as the case may be, shall govern. If the owner of such mobile home does not complete such appraisal within such period, the required valuation of the mobile home shall be based upon the appraisal of the mobile home park owner or applicant, as the case may be. In addition, not more than six (6) months from the date of the City Council's decision, the applicant or owner of the mobile home park, as the case may be, shall enter into contracts with moving contractors necessary for the relocation of mobile homes or personal property, or both.

11.01-5 The date upon which any resident of the mobile home park is required to vacate such park, or upon which the owner of any mobile home is required to be removed from the mobile home park, shall be not less than six (6) months from the date of notice of termination of tenancy and not less than thirty-five (35) days from the date of payment of any required relocation benefits.

11.01-6 If the owner of the mobile home park or the applicant, on such application, specifically requests that any of the time limitations required by this Section be modified, the City Council shall consider any such modification and evidence relating to the need therefore at the public hearing on the Mobile Home Park Conversion Permit. The City Council shall have the power to make modifications in such time limits, both in response to a request and on its own motion, in conjunction with any approval of a Mobile Home Park Conversion Permit, as the City Council may deem just and reasonable. (Ord. 230 (part), 6/21/88)

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 12 - Payment of Relocation Assistance Benefits-Prerequisite to Issuance of Building Permit to Redevelop Park

XI-20-12.01 - Verified and Itemized Payment Statement Required

No building permit shall be issued for the development of any real property which has been, or is being, converted from a mobile home park pursuant to this Chapter unless and until the applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the City Manager's Designee a verified statement made under penalty of perjury that relocation assistance payments required as conditions of the Mobile Home Park Conversion Permit pursuant to this Chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 13 - Enforcement

XI-20-13.01 - Enforcement

Enforcement of this Chapter shall be pursuant to Milpitas Municipal Code Section XI-10-63.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 14 - Severability

XI-20-14.01 - Severability

In the event any section or portion of this Chapter hereby shall be determined invalid, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 15 - Effective Date

XI-20-15.01 - Effective Date

The ordinance codified in this Chapter shall become effective thirty (30) days from and after the date of its adoption.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 16 - Exemption from CEQA

XI-20-16.01 - Exemption Findings

The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061, that this Chapter is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project as provided for under Title 14, California Administrative Code, Section 15061(b)(1), in that it does not have a potential for resulting in a physical change in the environment, directly or ultimately, as provided in Title 14, California Administrative Code, Section 15378(a), and that it is further exempt under the definition of Project in Section 15378(b), in that it concerns general policy and procedure making; and the

Council directs that Notice of Exemption be filed with the County Clerk and with the Secretary for Resources.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 17 - Posting and Publication

XI-20-17.01 - Posting and Publication-Time Limit

The City Clerk is directed to cause copies of the ordinance codified in this Chapter to be posted and to cause publication once in the Milpitas Post, the official newspaper of Milpitas, of a notice setting forth the date of the adoption and the title of the ordinance codified in this Chapter, within fifteen (15) days after adoption of the ordinance codified in this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Chapter 200 - PLAN LINES* Section 1 - General Provisions

XI-200-1.01 - Purpose

In order to promote, coordinate and secure orderly, efficient, economical and consistent development plans and improvements, plan lines for the reservation of future rights-of-way are hereby adopted for the purpose more particularly set forth as follows:

1.01-1 To assist in providing a definite plan of development for the City of Milpitas and to guide, control and regulate the future growth of said City in accordance with the Master Plan.

1.01-2 To provide an authentic source of information as to the development of the City for present and prospective residents and investors therein.

1.01-3 To provide an authentic source of information as to the development of the City for present and prospective residents and investors therein.

1.01-4 To reserve areas for future widening, extension or creation of streets or space for future utilities, pedestrian ways, vision clearance, fire and police emergency access, access to property and for other essential public services.

1.01-5 To prevent deterioration of property values and impairment of conditions for desirable residential, commercial, industrial, institutional or public development which would result from the lack of plans designed to promote orderly, harmonious and beneficial development of the City and all areas thereof.

(Ord. 97 (part), 11/7/61)

XI-200-1.02 - Enabling Act

This Chapter is enacted pursuant to the authority and procedures set forth in Section 65800 et. seq of the Government Code of the State of California.

(Ord. 97 (part), 11/7/61)

Section 2 - Definitions

For the purposes of this Ordinance, certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended.

(Ord. 97 (part), 11/7/61)

XI-200-2.01 - General Definitions

The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words in the singular number include the plural and vice versa; and the word "shall" is mandatory and not directory; the word "lot" includes the word "plot"; the word "City Council" as used herein, shall mean the City Council of the City of Milpitas; the word "Commission" or "Planning Commission" shall mean the Planning Commission of the City of Milpitas, California; the word "City" shall mean the City of Milpitas,

California. Unless otherwise indicated, reference in this chapter to whole numbers of sections includes all of the decimal numbered paragraphs listed under such whole number section; i.e., a reference to Section 1.00 includes Sections 1.01, 1.01-1 where the same are applicable.

(Ord. 97 (part), 11/7/61)

XI-200-2.02 - Building

A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

(Ord. 97 (part), 11/7/61)

XI-200-2.03 - Building Official

The officer charged with the administration and enforcement of the Building Code of the City of Milpitas, or his regularly authorized deputy.

(Ord. 97 (part), 11/7/61)

XI-200-2.04 - Plan Line

A line defined by legal description, may or by distance in feet from the established centerline, or existing line or regularly established property line, or surface and subsurface buildings and structures and adopted pursuant to this Chapter. Plan lines are in the nature of building or structure set back lines.

(Ord. 97 (part), 11/7/61)

XI-200-2.05 - Person

A natural person, a firm, partnership or corporation, the state or political subdivision thereof.

(Ord. 97 (part), 11/7/61)

XI-200-2.06 - Structure

Anything constructed, erected, maintained or located over, upon, across, in or under ground including, but not limited to retaining walls, stairways, required off-street parking facilities, any well, whether for water, oil or other hydrocarbon products and any underground storage facilities, provided the term "structure" shall not include any public utilities installed under authority or franchise.

(Ord. 97 (part), 11/7/61)

XI-200-2.07 - Use

The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 97 (part), 11/7/61)

Section 3 - Application

Nothing contained in this Chapter is intended to repeal any other ordinance of the City of Milpitas or portion of the Milpitas Municipal Code.

The provisions and requirements contained in this Chapter shall be in addition to such other provisions as are heretofore made or hereafter made relating to building set back lines or plan lines in any other ordinance of the City of Milpitas or in the Milpitas Municipal Code.

(Ord. 97 (part), 11/7/61)

Section 4 - Plan Line Regulations

XI-200-4.01 - Plan Line Control

When any plan line has been established along any street, highway, freeway or alley in the City of Milpitas, no person shall erect, enlarge, remodel or alter any building or structure or thing between said plan line and street, highway, freeway or alley along which it is located.

(Ord. 97 (part), 11/7/61)

XI-200-4.02 - Exceptions

The City Council shall be empowered to authorize the execution of a written agreement between the City of Milpitas and any person, authorizing said person, by way of a limited and conditional license, to erect, construct, maintain, locate, move, convert, extend, enlarge, remodel or alter any building or structure or thing between a plan line and the street, highway, freeway, or alley along which it is located for such periods of time and upon such conditions as the Council shall determine including, but not limited to, appropriate provision for the protection of the City, and others, guarantees by bond, or otherwise, of the faithful performance of said agreement by said person and the termination, suspension or revocation of the authority granted by said agreement.

Upon the termination, suspension or revocation of said agreement, all authority therein granted to said person shall immediately cease and terminate.

(Ord. 97 (part), 11/7/61)

Section 5 - Plan Lines Established

XI-200-5.01 - Plan Lines

There are hereby established and reestablished within the City of Milpitas, plan lines along certain streets, highways, freeways and alleys or portions thereof, as hereafter set forth.

(Plan lines not codified)

(Ord. 97 (part), 11/7/61)

Section 6 - Enforcement

XI-200-6.01 - Duty to Enforce

It shall be the duty of the City Manager to enforce this Chapter. All departments, officials and public employees of the City of Milpitas vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Chapter; and any such permit or any business license issued in conflict with the provisions of this Chapter shall be null and void.

(Ord. 97 (part), 11/7/61)

XI-200-6.02 - Penal Clause

See I-1-4.09-1

(Ord. 97 (part), 11/7/61)

XI-200-6.03 - Public Nuisance

The use of any land, building or structure or the erection, maintenance, location, construction, moving, conversion, extension, enlargement, remodeling or alteration of any building or structure contrary to the provisions of this Chapter shall be and the same is hereby declared to be a public nuisance, and the Attorney for the City of Milpitas shall, upon order of the City Council, immediately commence action or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law.

(Ord. 97 (part), 11/7/61)

XI-200-6.04 - Stop Order

Whenever any work is being done contrary to the provisions of this Chapter, the Building Official may order the work stopped by notice in writing served on any person engaged in the doing of such work or in the causing of such work to be done, and any such person shall forthwith stop such work until authorized in writing by the Building Official to proceed with such work.

(Ord. 97 (part), 11/7/61)

XI-200-6.05 - Remedies Cumulative

See I-1-4.11

(Ord. 97 (part), 11/7/61)

Section 22 - Plan Line Drawings

XI-200-22.01

In order to more precisely define any plan line heretofore or hereafter adopted under this Chapter for engineering purposes, the City Engineer shall prepare in large scale suitable for engineering work any plan line heretofore or hereafter adopted under this Chapter. The City Engineer shall prepare, maintain and make available for inspection or purchase through the office of the City Manager, large scale blueprints of any plan line heretofore or hereafter adopted under this Chapter. Said engineering drawings shall be available for purchase at a cost of $1.00 per sheet from the office of the City Manager. Reference is hereby made to the engineering drawings available for inspection or purchase through the office of said City Manager for large scale drawing and definition of said plan line.

(Ord. 97.6, 5/5/68)

Chapter 500 - EASEMENTS

XI-500-1.00 - General Provisions

The method of creation of easements authorized by this part shall be in addition to any other method allowed by law.

(Ord. 249 (part), 6/3/97)

XI-500-2.00 - Creation of Easement

An easement may be created pursuant to this part by a recorded covenant of easement made by an owner of real property to the City, in accordance with the procedures set forth in this part.

(Ord. 249 (part), 6/3/97)

XI-500-3.00 - Purposes of Easement

An easement created pursuant to this part may be for one or more of the following purposes:

A.

Parking.

B.

Ingress and egress.

C.

Emergency access.

D.

Light and air access.

E.

Landscaping.

F.

Open space.

(Ord. 249 (part), 6/3/97)

XI-500-4.00 - Common Ownership

At the time of recording of the covenant of easement, all the real property benefited or burdened thereunder shall be in common ownership.

(Ord. 249 (part), 6/3/97)

XI-500-5.00 - Contents of Covenant

A covenant of easement recorded pursuant to this part shall be executed by the owner of the burdened property and shall include:

A.

A legal description of the real property to be subject to the easement; and

B.

A legal description of the real property to be benefited by the easement; and

C.

Identification of the city approval, permit or designation which was granted in reliance upon recordation of the covenant, or for which recordation of the covenant is or was a requirement; and

D.

A description of the purpose(s) of the easement.

A copy of the covenant of easement is on file in the office of the City Clerk.

(Ord. 249 (part), 6/3/97)

XI-500-6.00 - Acceptance by Director

The Planning Director may accept an easement as described in this part on behalf of the City when such an easement is required as a condition of a land use approval, permit or designation pursuant to this Title.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-7.00 - Recordation

The covenant of easement shall be recorded in the county recorder's office. A copy of the recorded document shall be provided to the Planning Director.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-8.00 - When Effective

The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2, Part 2, Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property.

From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this State.

(Ord. 249 (part), 6/3/97)

XI-500-9.00 - Enforceability

Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all successors in interest to the affected real property. Nothing in this part shall create in any person other than the city and the owner of real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom.

(Ord. 249 (part), 6/3/97)

XI-500-10.00 - Release of Covenant

Pursuant to and in accordance with the provisions hereinafter set forth in this part, the Planning Commission and the City Council on appeal from a decision of the Planning Commission may approve and authorize recordation of a release of a covenant of easement.

(Ord. 249 (part), 6/3/97)

XI-500-11.00 - Petition for Release

A petition for release of a covenant of easement may be made by any person whether or not that person has title to the real property, and shall be filed in writing with the Planning Director on a form furnished by the Director. The form of the petition and the information required to be set forth in them shall be prescribed by the Director. The Director shall not accept any such petition for filing unless:

A.

All information and data is set forth and shown as required by the form;

B.

The petition is verified by the party making the petition; and

C.

The filing fee required by Section XI-500-12.00 has been paid.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-12.00 - Fees

The fee for filing a petition for release of a covenant of easement pursuant to this part shall be as set forth in the schedule of fees established by resolution of the Council.

(Ord. 249 (part), 6/3/97)

XI-500-13.00 - Hearing by Planning Commission

A.

Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the Planning Director, said director shall, subject to the rules of the Planning Commission as to the hour and place of public hearings which shall be conducted by it, set a date for the public hearing which shall be held thereon by the Planning Commission. Said date of hearing shall be not less than twenty nor more than sixty days after the date such application was accepted as complete by the Director.

B.

The Director shall provide a report and recommendation to the commission. In addition thereto, the director shall file with the commission at its hearing all papers, documents, and exhibits which are part of the file. Within a reasonable time after the commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The Commission may decide to grant the petition, conditionally grant the petition or deny the petition.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-14.00 - Appeal to City Council

Any action taken by the Planning Commission under this part may be appealed to the City Council by filing with the City Clerk a written notice of appeal within twelve (12) calendar days after a copy of the decision of the Planning Commission. The applicant, or any person, may file such a notice of appeal. The notice of appeal shall be filed on a form furnished by the Planning Director, and the information and data required to be set forth in such notice shall be as prescribed by the Director.

A.

The Council shall hold at least one public hearing on the matter. The hearing of the council shall be de novo. The City Clerk shall set the date of the first public hearing by the Council, which date shall not be less than ten nor more than sixty days after the date on which the day of the application and the notice of

appeal were filed with the City Clerk. Within a reasonable time after the Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.

B.

The decision of the Council shall be final.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-15.00 - Notice

Whenever the Planning Commission or City Council holds a public hearing under this Chapter, Notice shall be given in accordance with Section 64, Chapter 10, Title XI.

A.

Notwithstanding the above, the failure of the Director or City Clerk to mail any notice or the failure of any person to receive the same shall not affect, in any way whatsoever, the validity of any proceedings taken under this part, nor of any action or decision of the Director, Planning Commission or City Council made or taken in any such proceedings, nor prevent the Planning Commission or City Council from proceeding with any hearing at the time and place set therefor.

(Ord. 249 (part), 6/3/97)

XI-500-16.00 - Findings

The Planning Commission or the City Council, on appeal, may grant the petition for release of the covenant of easement only upon a finding that the restriction of the property is no longer necessary to achieve the land use goals of the City.

(Ord. 249 (part), 6/3/97)

XI-500-17.00 - Release to be Recorded

Within fifteen days after the action of the Planning Commission or the City Council in granting a petition for release has become final, the Planning Director shall cause the release to be recorded in the office of the recorder for the County of Santa Clara.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)