San Jose Municipal Code Part 2 Definitions

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 28512.)

"Accessory structure" means a detached structure on the same parcel or site with, and of a nature customarily incidental and subordinate to, the main structure. This structure shall be used solely for parking (residential garages with gross floor area of six hundred fifty square feet or smaller) or limited storage (low-cost sheds with gross floor area of two hundred square feet or smaller).

(Ord. 28512.)

"Administrator" means the federal insurance administrator, to whom the secretary of the interior has delegated the administration of the National Flood Insurance Program.

(Ord. 28512.)

"Base flood" or "one-hundred-year flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

(Ord. 28512.)

"Base flood elevation" or "BFE" is the computed elevation to which the flood water is anticipated to rise during the base flood. This elevation is referenced to a vertical datum, such as the National Geodetic Vertical Datum of 1929 (NGVD29) or the North American Vertical Datum of 1988 (NAVD88).

(Ord. 28512.)

"Basement" means any enclosed area of a structure having its lowest floor more than two feet below grade level on all sides.

(Ord. 28512.)

"Biennial report" means the report completed by communities participating in the National Flood Insurance Program that describes the community's progress in the previous two years in implementing floodplain management measures and on its needs for re-mapping and technical assistance. This report is submitted annually or biennially as determined by the administrator.

(Ord. 28512.)

"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

A. Breakaway wall collapse shall result from a water load less than which would occur during the base flood; and

B. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

(Ord. 28512.)

"Coastal high hazard area" means the portion of a coastal flood area having special flood hazards that is subject to high velocity waters, including hurricane wave wash and tsunami. The area is designated on the Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.

(Ord. 28512.)

"Conditional letter of map revision (CLOMR)" means FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The CLOMR does not revise an effective NFIP map. The CLOMR indicates whether the project, if built as proposed, would be recognized by FEMA.

(Ord. 28512.)

"Crawlspace" means the enclosed area contained inside the foundation walls and below the habitable floor of a structure. Crawlspaces having the lowest floor two feet or less below grade level on all sides shall not be considered a basement.

(Ord. 28512.)

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, construction or modification of buildings or other structures, mining, dredging, trenching, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.

(Ord. 28512.)

"Elevation certification" means certification of lowest floor elevation as prescribed by the National Flood Insurance Program and this chapter.

(Ord. 28512.)

"Flood," "flooding," or "flood water" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, or other inland water, or abnormally high tidal water or rising coastal waters proximately caused by severe storms, hurricanes, or tsunami. It also includes the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents exceeding anticipated cyclical levels.

(Ord. 28512.)

"Flood Boundary and Floodway Map (FBFM)" 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 floodway for the City of San José.

(Ord. 28512.)

"Flood Hazard Boundary Map" (FHBM) means the most recent official map of the City of San José, issued by the administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and/or E.

(Ord. 28512.)

"Flood Insurance Rate Map (FIRM)" means the most recent 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 City of San José.

(Ord. 28512.)

"Flood Insurance Study (FIS)" 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.

(Ord. 28512.)

"Floodplain administrator" is the community official designated by title to administer and enforce the floodplain management regulations. Unless otherwise specified in this chapter, floodplain administrator shall mean the deputy director of public works or his or her designee.

(Ord. 28512.)

"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.

(Ord. 28512.)

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

(Ord. 28512.)

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source.

(Ord. 28512.)

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to properties or structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, or their contents, including but not limited to dry floodproofing and wet floodproofing as defined herein. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

A. "Dry floodproofing" means floodproofing measures that are designed to prevent flood waters from entering a structure. Dry floodproofing techniques may include, but are not limited to, installation of closure and sealants, watertight walls, small floodwalls or levees, flood shields, and watertight doors.

B. "Wet floodproofing" means floodproofing measures that minimize damage to a structure and its contents from flood water that is allowed into the structure.

(Ord. 28512.)

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(Ord. 28512.)

"Historic structure" means any structure that is:

A. 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; or

B. 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; or

C. Individually listed on the State Inventory of Historic Places with the California Office of Historic Preservation; or

D. Individually listed in a city inventory of historic resources.

(Ord. 28512.)

"Letter of map revision (LOMR)" means FEMA's modification to an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM), and sometimes the flood insurance study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.

(Ord. 28512.)

A Letter of map revision based on fill (LOMR-F) means FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway.

(Ord. 28512.)

"Lowest floor" means the lowest floor of the lowest enclosed area of a structure, including basement (see "Basement" definition). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or limited storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure meets the applicable non-elevation design requirements of Subsections A.2. through A.6., inclusive, and A.10. of Section 17.08.620 of this Chapter.

(Ord. 28512.)

"Major repairs" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent of the market value of the structure before any repair takes place.

(Ord. 28512.)

"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. Manufactured home includes "mobilehome" as defined in Section 788.3 of the California Civil Code, but does not include "recreational vehicle" as defined in Section 799.29 of the California Civil Code and Section 18010 of the California Health and Safety Code or "commercial coach" as defined in Section 18001.8 of the California Health and Safety Code.

(Ord. 28512.)

"Manufactured home park or subdivision" and "mobilehome park" mean a parcel (or contiguous parcels) of land divided into two or more lots or sites for rent or sale, or that are held out for rent or sale, to accommodate manufactured homes or mobilehomes for human habitation.

(Ord. 28512.)

"Market value" means the current estimated fair market value of a structure, excluding the current estimated fair market value of the land on which the structure is located and the current estimated fair market value of any landscaping, and any detached accessory structures on such land. The current tax assessed value of the structure as provided by the county tax assessor's office shall be used as the market value of the structure where the cost of the proposed improvement to the structure does not exceed forty percent. In the event the cost of the improvement to the structure exceeds forty percent of the current tax assessed value of the structure, the floodplain administrator shall estimate the market value or, in the alternative, market value shall be determined from an independent appraisal prepared by a qualified professional appraiser using a building cost estimating method recognized by the building construction industry, which shall be reviewed and accepted by the floodplain administrator.

(Ord. 28512.)

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum of 1929 (NGVD29), North American Vertical Datum of 1988 (NAVD88), or other datum, to which base flood elevations shown on the city of San José's flood insurance rate maps are referenced.

(Ord. 28512.)

"Mixed-use structure" means any structure that has only nonresidential uses in areas of the structure at or below the base flood elevation, but has residential uses in areas of the structure above the base flood elevation with access to residential uses dry floodproofed.

(Ord. 28512.)

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

(Ord. 28512.)

"New manufactured home park or subdivision" means a manufactured home park or subdivision, or a mobilehome park, for which the construction of facilities for servicing the lot on which the manufactured home or mobilehome is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of floodplain management regulations adopted by the city of San José.

(Ord. 28512.)

"Official map" means either the FBFM, FHBM or the FIRM. "Official maps" means the FBFM, FHBM and the FIRM collectively.

(Ord. 28512.)

"Recreational vehicle" means a vehicle which is:

A. Built on a single chassis;

B. Four hundred square feet or less when measured at the largest horizontal projection;

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

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

(Ord. 28512.)

"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.

(Ord. 28512.)

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations; or, if this is not possible, the floodplain administrator may determine impossibility by applying the National Flood Insurance Program variance criteria/guidelines and require the applicant to reduce the impacts of noncompliance to the greatest extent possible in accordance with the National Flood Insurance Program and its implementing regulations. If such a variance is denied, the applicant may appeal to the director of public works pursuant to Section 17.08.580. The manner in which impacts may be reduced include: protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter, otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

(Ord. 28512.)

"Repetitive loss" means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred.

(Ord. 28512.)

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

(Ord. 28512.)

"Special flood hazard area" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1 V30, VE or V.

(Ord. 28512.)

"Start of construction" refers to the start of a substantial improvement or other proposed new development where the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred eighty days from the date of issuance of the building permit therefor. For the purposes of this section, the start of "substantial improvement" or "other proposes new development" mean: (a) the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or (b) the placement of a manufacture home on a foundation; or (c) 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. "Permanent construction," for the purposes of this section, does not include: (a) land preparation, such as clearing, grading, and filling; (b) the installation of streets and/or walkways; (c) excavation for a basement, footings, piers, or foundations or the erection of temporary forms; (d) 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.

(Ord. 28512.)

"Structure" means:

A. Any walled and roofed building that is principally above ground (including a manufactured home); and

B. A gas or liquid storage tank that is principally above ground.

(Ord. 28512.)

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

(Ord. 28512.)

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvement. If multiple or phased improvements to a structure are involved, total costs shall include all cumulative costs for a consecutive five-year period prior to the start of construction of the most recent improvement. This term includes structures which have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

A. 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;

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

(Ord. 28512.)

"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.

(Ord. 28512.)

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Ord. 28512.)

"Water surface elevation" means the heights, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, expected to be reached by floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Ord. 28512.)

"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. 28512.)