Watsonville Municipal Code Art. 2 Definitions

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this article. In addition, the word “structure” shall include the word “building.”

(a) “Accessory structure” shall mean a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used:

(1) Solely for the parking of no more than two (2) cars; or

(2) A small, low-cost shed for limited storage, less than one hundred fifty (150) square feet and One Thousand Five Hundred and no/100ths ($1,500.00) Dollars in value.

(b) “Adversely affects” shall mean the cumulative effect of the proposed development, when combined with all existing and anticipated development, which shall cause a significant change in runoff within the drainage basin and shall increase the water surface elevation of the base flood more than one (1') foot at any point.

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

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

(e) “Appeal” shall mean a request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter.

(f) “Area of shallow flooding” shall mean a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1') to three (3') 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.

(g) “ASCE 24” shall mean the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.

(h) “Base flood” shall mean a flood which has a one (1%) percent chance of being equaled or exceeded in any given year (also called the “100-year flood” or “one percent flood”).

(i) “Basement” shall mean any area of the building having its floor subgrade—i.e., below ground level—on all sides.

(j) “Breakaway walls” shall mean walls that are not part of the structural support of the building and are intended through their design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

(k) “Building code” shall mean California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:

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

(2) Part 2.5, applicable to one (1) and two (2) family dwellings and townhouses not more than three (3) stories, and accessory structures.

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

(4) Other specified codes.

(l) “Coastal A zone” shall mean a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to one and one-half (1.5') feet (four hundred fifty-seven (457) mm). The inland limit of the coastal A zone is (1) the limit of moderate wave action if delineated on a FIRM, or (2) designated by the authority having jurisdiction. (Also defined in CCR Title 24 Part 2.)

(m) “Coastal high hazard area” shall mean the area within the special flood hazard area extending from offshore to the inland limit of a primary dune along an open coast and any other area that is subject to high-velocity wave action from storms or seismic sources, and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard map as velocity Zone V, VO, VE or V1-30. (Also defined in CCR Title 24 Part 2.)

(n) “Design flood” shall mean the flood associated with the greater of the following two (2) areas: (Also defined in CCR Title 24 Part 2.)

(1) Area with a floodplain subject to a one (1%) percent or greater chance of flooding in any year.

(2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.

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

(p) “Development” shall mean any manmade 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 located within an area of special flood hazard.

(q) “Encroachment” shall mean 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.

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

(s) “Existing manufactured home park or subdivision” shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before August 11, 1987.

(t) “Expansion to an existing manufactured home park or subdivision” shall mean 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).

(u) “Flood Boundary and Floodway Map (FBFM)” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated both the areas of special flood hazards and the floodway.

(v) “Flood control project” shall mean a dam or barrier designed and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

(w) “Flood damage-resistant materials” shall mean any construction material capable of withstanding direct and prolonged contact with flood waters without sustaining any damage that requires more than cosmetic repair. (Also defined in CCR Title 24 Part 2.)

(x) “Flood, flooding, or flood water” shall mean 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.

(y) “Flood hazard area” shall mean the greater of the following two (2) areas: (Also defined in CCR Title 24 Part 2.)

(1) The area within a floodplain subject to a one (1%) percent or greater chance of flooding in any year.

(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.

(z) “Flood Insurance Rate Map (FIRM)” shall mean 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.

(aa) “Flood Insurance Study” shall mean 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.

(bb) “Floodplain Administrator” shall mean the individual designated in Section 9-2.401 to administer and enforce the provisions of this chapter.

(cc) “Floodplain or flood-prone area” shall mean any land area susceptible to being inundated by water from any source—see “Flooding.”

(dd) “Floodplain management” shall mean 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.

(ee) “Floodplain management regulations” shall mean this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications 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.

(ff) “Floodproofing” shall mean 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. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

(gg) “Flood-related erosion” shall mean a condition which exists in conjunction with a flooding event which alters the composition of the shoreline or bank of a watercourse and/or which increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse.

(hh) “Floodway” shall mean the channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1') foot. Also referred to as “regulatory floodway.”

(ii) “Floodway fringe” shall mean that area of the floodplain on either side of the “regulatory floodway” where encroachment may be permitted.

(jj) “Fraud or victimization” shall mean, for the purpose of variances from these regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.

(kk) “Hardship” shall mean the exceptional hardship that would result from a failure to grant the requested variance.

(ll) “Hazard mitigation plan” shall mean a plan which incorporates a process whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to floodplain development community wide.

(mm) “Highest adjacent grade” shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(nn) “Historic structure” shall mean any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 of the Interior 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.

(oo) “Lowest floor” shall mean the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).

(1) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

(i) The wet floodproofing standard in Section 9-2.500(c)(3);

(ii) The anchoring standards in Section 9-2.500(a);

(iii) The construction materials and methods standards in Section 9-2.500(b); and

(iv) The standards for utilities in Section 9-2.501.

(2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.

(pp) “Manufactured home” shall mean a structure, transportable in one (1) 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 recreational vehicles, travel trailers or manufactured housing on permanent slab foundations.

(qq) “Market value (existing structure)” shall be the current value of the existing structure based on a report prepared by an independent licensed appraiser; such report to be dated within twelve (12) months of the application date. If the report does not separate land from structure value, the structure value shall be based on the report prorated by the percentage of structure assessed by the most recent equalized tax roll of the Santa Cruz County Assessor’s Office.

(rr) “Market value (improvements)” shall be the value of the improvements proposed to a structure based on valuation of new construction and interior remodels as determined for building permits by the City of Watsonville.

(ss) “Mean sea level” shall mean, 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.

(tt) “New construction” shall mean, for floodplain management purposes, structures for which the “start of construction” commenced on or after January 10, 2002, and includes any subsequent improvements to such structures.

(uu) “New manufactured home park or subdivision” shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale 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 January 10, 2002.

(vv) “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.

(ww) “One hundred (100) year flood” or “100-year flood” or “one (1%) percent flood”—see “Base flood.”

(xx) “One (1%) percent flood” or “one hundred (100) year flood” or “100-year-flood”—see “Base flood.”

(yy) “Public safety and nuisance,” as related to Article 6 of this chapter, shall mean 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.

(zz) “Recreational vehicle” shall mean 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 recreation, camping, travel, seasonal use.

(aaa) “Regulatory floodway” shall mean 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 (1') foot.

(bbb) “Remedy a violation” shall mean to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

(ccc) “Riverine” shall mean relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

(ddd) “Significant change in runoff” shall mean a condition caused by site development or construction which increases stormwater runoff from a parcel (or contiguous parcels) because of the addition of impervious cover on the site. For the purposes of this chapter, a significant change in runoff within the watershed has occurred when one (1) or more of the following criteria has been satisfied:

(1) The post-construction impervious site area is more than forty (40%) percent greater than in the pre-construction case;

(2) The developed gross area of the project exceeds one-half (1/2) acre; or

(3) There are documented, existing, drainage capacity problems downstream of the development.

(eee) “Special flood hazard area (SFHA)” shall mean an area in the floodplain subject to a one (1%) 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, E, or M.

(fff) “Start of construction” includes substantial improvement and other proposed new development and shall mean 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 a permanent construction (other than a manufactured home) 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.

(1) 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 as part of the main structure.

(2) 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.

(3) For manufactured homes not within a manufactured home park or manufactured home subdivision, “start of construction” shall mean the affixing of the manufactured home to its permanent site.

(4) For manufactured homes within manufactured home parks or manufactured home subdivisions, “start of construction” shall mean the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and the installation of utilities) is completed.

(ggg) “Structure” shall mean a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or manufactured home.

(hhh) “Substantial damage” shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

(iii) “Substantial improvement” shall mean any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed and does not include site improvements. For the purposes of this definition, “substantial improvement” shall be considered to occur when the first alteration of the structural portion of any wall, ceiling, floor, or other structural part of the building commences, whether or not such alteration affects the external dimensions of the structure and any subsequent construction within three (3) calendar years of the start of construction. 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 shall not preclude the structure’s continued designation as a “historic structure.”

(jjj) “Variance” shall mean a grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited by this chapter.

(kkk) “Violation” shall mean 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.

(lll) “Water surface elevation” shall mean 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.

(mmm) “Watercourse” shall mean 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.

(§ 1, Ord. 1422-21 (CM), eff. November 11, 2021)