Milpitas Zoning Code Ch. 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)

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)

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)

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)

(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)

(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)

(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)

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)

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)

(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

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.

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)

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.

(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.

"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)

(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)

(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)

(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

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.

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

"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)

"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.