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HomeMy WebLinkAboutCity Council Resolution 677-2 RESOLUTION NO. 677-2 A RESOLUTION ADDING ADDITIONAL REGULATIONS AND PROVISIONS IN RELATION TO CITY OF SARATOGA'S ELIGIBILITY TO QUALIFY FOR FEDERAL FLOOD INSURANCE UNDER THE NATIONAL FLOOD INSURANCE ACT OF 1968, INCLUDING, INTER ALIA, REAFFIRMATION OF RESOLUTIONS NOS. 677 AND 677-1 WHEREAS, this City heretofore on the 19th day of September, 1973, passed and adopted Resolution No. 677 applying for eligi- bility of said City to qualify for Federal flood insurance under the National Flood Insurance Act of 1968, as a result of which this City was so qualified, and WHEREAS, thereafter, pursuant to additional regulations and requirements, on the 4th day of May, 1974 this City did pass and adopt an additional Resolution No. 677-1, relating to such regulations, and WHEREAS, since that time the United States Department of Housing and Urban Development, Federal Insurance Administration, has conducted a Flood Insurance Study for the City of Saratoga, which study was completed and has been prepared and filed in booklet form under date of July, 1978, and WHEREAS, said Federal Insurance Administr~ati~n~has since established flood and flood plane elevations for 100 year floods, and has promulgated and filed with City final .Flood Boundary and Floodway Maps, and a final Flood Insurance Rate Map (FIRM), each of which maps become effective January 17, 1979, and the ninety (90) day appeal period in relation thereto having expired, and WHEREAS, under Section 1361 of the National Flood Insurance Act of 1968, and Regulation 1910.3(d) of the National Flood Insurance Program Regulations, this City is now required to either adopt, or show evidence of already having adopted and -1- having in effect, certain up-dated regulations in more specific reference to the flood hazard areas as shown on FIRM, in order to remain qualified for Federal flood insurance under the National Flood Insurance Act of 1968, from and after January 17, 1979, and WHEREAS, most if not all of the additional regulations are already in full force and effect in this City, and have been for many years, but a number of said regulations should be re- amplified and focused towards particular flood hazard zones, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA AS FOLLOWS: Section 1: Those certain Flood Boundar and Floodway Maps prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, covering community panel numbers 060351-0001-0004, consisting of four pages, and effective January 17, 1979, and that certain Flood Insurance Rate Map prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, consist- ing of four pages, and effective January 17, 1979, each and all of which maps are presently on file with the Saratoga City offices, be and the same are hereby adopted as official maps of this City. The floodways of the Calabazas, San Tomas Aquino, Saratoga and Wildcat Creeks as shown on said maps are hereby adopted as regula- tory floodways of this City, and shall be subject to the follow- ing minimum regulations, insofar as said regulations do not conflict with the jurisdiction -"of 'the Santa Clara Valley Water District over said floodways: (a) No building, structure, development, encroach- ment (including fill) or other obstruction shall be permitted in a floodway which would either (1) increase the base flood level more than 1 ft. at any point, or (2) result in any increase in flood levels during base flood discharge, except as hereafter permitted; (b) No mobile home shall be placed in any such flood- way, except in existing mobile home parks or existing subdivisions for which a tentative subdivision map has been approved on or before the effective date of this resolution. Section 2: In all A zones (A; A-O; A1 through A7) as identified as having special flood hazards, the following regula- tions shall be applicable. Resolutions 677 and 677-1 are hereby referred to and incorporated herein by reference. The City Council of the City of Saratoga hereby finds and determines that each of the following requirements of Section 1910.3(d) is already in full force and effect in this City. In Column 2 hereinafter set forth is listed the cross-referenced Code, Ordinance or Resolution imposing such requirements: -2- REGULATION ALREADY ...REQUIRED FLOOD MANAGEMENT MEASURE CONTAINED IN FOLLOWING: (1) Permits required for all proposed Exhibit A-4, Resolution development in area of special No. 677 flood hazard; (2) Necessary review of permits to Exhibit A-4, Resolution insure permits from all other No. 677 governmental agencies received; (3) New construction to be anchored Section 3(a) , (b) , (c) of to prevent flotation and lateral Resolution 677-1 movement and constructed with flood-resistant materials and methods; (4) Subdivision and other develop- Ordinance No. 60 (copy ment proposals to be located and enclosed) designed to minimize flood Section 5, Resolution damage; 677-1 (5) Acquiring base flood elevation Ordinance No. 60 data in new developments greater than 50 lots or five acres; (6) Requiring new water and sewer Ordinance No. 60 systems be located and designed to avoid impairment. Section 3: To the extent, if at all, that the following regulations are not already included in Ordinance No. 60 and Resolution No. 677-1, the same are hereby adopted: (a) The City shall obtain and maintain records of elevations and flood-proofing levels for all new or substan- tially improved structures, whether or not such structures contain a basement. Said records shall be kept on file with the Director of Inspection Services. (b) Prior to the. alteration or relocation of any watercourse by City, adjacent communities and the State Coordinating Office shall be notified, with copies of such notifications sent to FIA. No alteration or relocation of any watercourse shall be permitted that in any way decreases the flood-carrying capacity of such watercourse. Section 4: In the following specific zones, although already required by Saratoga's Environmental Impact Resolution (Exhibit A-3, Resolution 677), by the Saratoga Building Code (Exhibit A-5, Resolution 677) and by the latest Subdivision Ordinance (Ordinance No. 60), the following regulations are hereby readopted for the purpose, inter alia, of highlighting the requirements in relation to specific flood hazard areas as now shown on the final adopted FIRM: (a) In all A zones other than A-O: (1) All new residential structures, and all substantial improvements to existing residential struc- tures which embody additional first floors, shall have their lowest floor (including basements) either elevated to or above the base flood level, unless an exception thereto, on a community basis, is granted by the Federal Insurance Administrator. -3- (2) All non-residential structures, and all substantial improvements to existing non-residential structures which embody additional first floors, shall have the lowest floor elevated to or above the base flood level, or be flood-proofed to or above the base flood level. "Floodproofed" is defined to mean water- tight with walls substantially impermeable to the passage of water and with structural components having a capa- bility of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Prior to permitting flood- proofing as an alternate to elevating the first floor, in both the above zones and any zone in which flood- proofing is permitted as an alternate, the applicant for Building Permit shall be required to provide a certification by a registered professional engineer or architect that the flood-proofing methods to be used are adequate to withstand the forces associated with the base flood, or in the alternative, submit to FIA for approval of such regulations as contain detailed flood-proofing specifications which meet the performance standards of Section 1910.3(c) of the National Flood Insurance Program Regulations. (b) In all A-O zones: All structures '(residential and non-residential), and substantial improvements to existing structures which embody additional first floors, shall have the lowest floor (including basements) elevated above the crown of the nearest street to or above the depth number speci- fied in the City of Saratoga's FIRM; or as to non- residential structures, be flood-proofed to or above such level. (c) in all A-1 throuqh A-7 zones: All new pads for mobile home parks or subdivis- ions shall be elevated to or above the base flood level, and adequate access and drainage shall be provided, and in the event pilings are used for elevation, construction standards for elevation on pilings in accord with Section 1910.3(c)(5){iii) of the Federal Regulations shall be met. Section 5: Effective Date of New Requlations. Such of the regulations hereinabove contained as may be new, or in addition to, or in amplification of, already existing regulations of this City under its present laws, ordinances or resolutions, shall be and become effective at 12:01 A.M. on January 17, 1979. Except as may be specifically modified hereby, Resolutions 677 and 677-1 shall be and remain in full force and effect at all times. Section 6: The City Manager is hereby authorized and directed to forward a certified copy of this Resolution to the Federal Insurance Administrator, Department of Housing and Urban Development, Washington, D.C. -4- The above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the ?0th day of December , 1978, by the following vote: AYES: Councilmen Kal~ Malteon~ Callon, Kraus & Corr ABSENT: None ~L{ /= ATT ITY -5-