Los Gatos Planning Commission recommends council introduce wholesale update to floodplain rules

On Sept. 24, 2025, the Town of Los Gatos Planning Commission voted unanimously to recommend that the Town Council introduce an ordinance (A-25-004) that would replace Town Code section 29, Article 9, the towns floodplain management ordinance, with updated language provided by the California Department of Water Resources (DWR). Nicole Bernham, the towns director of Parks and Public Works, presented the staff report and said the town has participated in the National Flood Insurance Program since 1979.

Bernham told commissioners the proposed ordinance is a wholesale replacement of the towns existing code using template language reviewed by DWR and Valley Water in Santa Clara County. "The town has participated in the National Flood Insurance Program since 1979," Bernham said, adding the last local ordinance update was in 2003. The draft updates include revised definitions, updated permitting requirements for development in mapped floodplain areas, and explicit alignment with the California Building Code, she said.

The update is intended to maintain the towns standing in the NFIP and keep residents eligible for flood insurance: "If we don't participate, then no one's eligible for flood insurance," Bernham said. Staff emphasized the proposal does not change FEMA flood maps; mapping remains under FEMA's authority and any site-specific mapping changes would proceed through FEMA procedures such as a letter of map change.

The town attorney identified a drafting error in the ordinance text that must be fixed before the council introduction: a drafting block improperly included the term "design flood" in a list rather than as its own defined term. The attorney recommended the commission's motion include the attorneys described correction before forwarding the ordinance.

Commissioners asked legal and insurance questions about liability exposure and design immunity. The town attorney advised that design immunity typically applies to plans approved by a legislative body and that further research would be needed to determine whether immunity would extend to staff-level decisions; the attorney also said the town participates in a joint powers authority for insurance and carries a $50,000 self-insured retention for liability claims.

Commissioner Stump moved and Commissioner Bernett seconded the recommendation that the Town Council introduce the proposed ordinance with the attorneys corrections. Commissioners described the staff report as a compliance-oriented cleanup and the motion passed unanimously. Staff said it will prepare the item for the earliest available Town Council meeting in late October or early November.

The Planning Commission's recommendation is advisory; the ordinance will require formal introduction and any subsequent hearings or readings before the Town Council. The council introduction is the next procedural step; staff will return with the corrected ordinance language and the scheduled council date.