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CC Ordinance No. 1905Proposed text is underlined. Deleted text is struck through. ORDINANCE NO. 1905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.52 REGARDING THE PREVENTION OF FLOOD DAMAGE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Chapter 16.52 of the Municipal Code of Cupertino is hereby amended to read as follows: 16.52.020 ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be obtained before new construction, substantial improvements or development (including the placement of prefabricated buildings and manufactured homes) begins within any area of special flood hazard established in Section 16.52.011. Application for a development permit shall be made on forms furnished by the Director of P!a~nlng and Ccm~'~unity Dcvz?,pment Public Works, and may include, but not limited to: plans in duplicate drawn to scale showing the nature, location, dimension and elevations of the area in question; existing or proposed structures, fill, storage of material, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 16.52.021 DESIGNATION OF DIRECTOR OF PLA~,n~N, INC AND C@MMUN!TY DEVELOPMENT PUBLIC WORKS The Director of P!a~mnfng and Cc:_'rc~nity Deve!cpmem Public Works is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The duties and responsibilities of the Director of P!mm:[ng a::~ Czmmunity Dc:Tc!zpmcrX Public Works shall include, but not be limited to: B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Chapter 16.52.011 (Lands to which this chapter applies), the Director of P!a.mning an~ Cc~,'r. un~ty Dcvz!cFmznt Public Works shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 16.52.051 (Residential construction) and 16.52.052 (Nonresidential construction). 16.52.030 APPEAL BOARD B. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director of P!a~m~2ng Ordinance No. 1905 m-:d Cemmmn:.*.y Dcve!cpmev2 Public Works in the enforcement or administration of this chapter. 5. The Director of Plmnn!ng and Cch:re-.mn!fy Dz;'elcpmerA Public Works shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) 16.52.044 SUBDIVISION PROPOSALS B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the sire is filled above the base flood, the final pad elevation shall be certified by a the D~rector of Pl~.:..r~ ~.~ registered professional engineer or surveyor and provided to ' n .......`4 r- ...... ;.,, r,~,~ .... nt Public Works; 16.52.051 RESIDENTIAL CONSTRUCTION New construction and substantial improvements shall have the lowest floor, including basement, elevated to or above base flood elevation. Upon the completion of the structure, the elevation shall be certified by a registered professional engineer or surveyor, or verified by the Community Building Inspector to be properly elevated. Such certification or verifications shall be provided to the Director of P!arm:.ng an~ Cc::-am:nity DcvelcpmerX Public Works. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) 16.52.052 NONRESIDENTIAL CONSTRUCTION C. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Director of m~,~: .... `4 ~ .......~' ~ .....v ....... Pubhc Works. (Ord. 1822 (part), 1999; Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) 16.52.054 SPECIFIC STANDARDS (ZONE AO) 3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the Director of m~: .... ,4 Cc~-nuni~' Devc!cnmerX Public Works. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) This ordinance shall take effect and be in force thirty (30) days after its passage. Ordinance No. 1905 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 4th day of November 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 18th day of November, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: City Clerk APPROVED: Mayor, City of Cupertino STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No.1905, which was enacted on November 18, 2002, and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of November, 2002. KIMBERLY SMI~, City Cle~ and Ex-officio Clerk of the City Council of the City of Cupertino, California ordinance certificate