The Legislature of the State of California has in Government
Code Sections 65302, 65560, and 65800 conferred upon local governments
the authority to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the
City does hereby adopt the following floodplain management regulations.
(Added by Ord. No. 2665CCS §
1, adopted 3/23/21)
It is the purpose of this Chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by applying legally enforceable
regulations uniformly throughout the City to all publicly and privately
owned land within flood prone, mudslide (i.e. mudflow) or flood related
erosion areas. These regulations are designed to:
(a)
Protect
human life and health;
(b)
Minimize
expenditure of public money for costly flood control projects;
(c)
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(d)
Minimize
prolonged business interruptions;
(e)
Minimize
damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located
in areas of special flood hazard;
(f)
Help
maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard to minimize future blighted areas
caused by flood damage; and
(g)
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
To accomplish its purposes, this Chapter includes regulations
to:
(a)
Restrict
or prohibit uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases
in erosion or flood heights or velocities;
(b)
Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(c)
Control
the alteration of natural floodplains, stream channels and natural
protective barriers, which help accommodate or channel floodwaters;
(d)
Control
filling, grading, dredging, and other development which may increase
flood damage; and
(e)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
Unless specifically defined below for purposes of this Chapter,
words or phrases used in this Chapter shall be interpreted to give
them the meaning they have in common usage and to give this Chapter
its most reasonable application.
means a structure that is either: (1) solely for the parking
of no more than two cars; or (2) a small, low cost shed for limited
storage, less than one hundred fifty square feet.
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
means a request for a review of the Floodplain Administrator's
interpretation of any provision of this Chapter. "Area of special
flood hazard." See "Special flood hazard area."
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "100-year flood").
Base flood is the term used throughout this Chapter.
means the elevation shown on the Flood Insurance Rate Map
for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a one percent or greater
chance of being equaled or exceeded in any given year.
means any area of the building having its floor subgrade
(i.e., below ground level) on all sides.
are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
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 an engineer or architect registered in the State of
California and shall meet the following conditions:
See "Structure."
means the Special Flood Hazard Areas (SFHAs) along the coasts
that have additional hazards due to wind and wave action. These areas
are identified on Flood Insurance Rate Maps (FIRMs) as zones V, V1-V30
and VE.
means any human made 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.
means 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.
means 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) is completed before the effective
date of this Chapter.
means 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).
means:
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; and/or mudslides (i.e., mudflows); and
The condition resulting from flood related erosion.
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.
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 risk premium zones applicable
to the community.
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.
means the City Engineer.
means any land area susceptible to being inundated by water
from any source. See "Flooding."
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.
means this Chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application 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.
means 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. For guidelines on dry
and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93
and TB 7-93 and updates thereto.
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. Also referred to as "regulatory floodway."
is that area of the floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
as related to Section 7.68.220 of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long term storage
or related manufacturing facilities.
is the City Council of the City.
as related to Section 7.68.220 of this Chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means any structure that is:
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;
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;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of Interior; or
Designated by the City as a Landmark, Structure of Merit, or
a Contributor to a Designated Historic District in accordance with
Article 9.
means:
The lowest floor of the lowest enclosed area, including basement
(see "Basement").
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:
The flood openings standard in Section 7.68.150(c)(3);
The anchoring standards in Section 7.68.150(a);
The construction materials and methods standards in Section 7.68.150(b); and
The standards for utilities in Section 7.68.160.
For residential structures, all subgrade enclosed areas are
prohibited as they are basements (see "Basement"). This prohibition
includes below-grade garages and storage areas.
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.
The term "manufactured home" does not include a "recreational vehicle."
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
as defined by the Floodplain Administrator in accordance with the procedures established in Section 7.68.120(b).
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
means structures for which the "start of construction" commenced
on or after the effective date of the ordinance codified in this Chapter,
and includes any subsequent improvements to such structures.
means 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) is completed on or after the effective
date of the ordinance codified in this Chapter.
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.
or "100-year flood." See "Base flood."
means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and overtopping
from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there
is a distinct change from a relatively mild slope.
means a defect in the City's floodplain management regulations
or administrative procedures that impairs effective implementation
of those floodplain management regulations.
as related to Section 7.68.220 means 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.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
means 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 the ordinance or otherwise deterring future similar
violations, or reducing State or Federal financial exposure with regard
to the structure or other development.
See "Area of shallow flooding."
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 Zones A, VE or V.
includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within one year from the date
of the permit. The actual start means either the first placement of
permanent construction 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 manufacture home on a foundation. 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 part of the main structure. 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.
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
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.
means any reconstruction, rehabilitation, addition, or other
improvement 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. This term includes structures which
have incurred "substantial damage," regardless of the actual repair
work performed. The term does not, however, include either:
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
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
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.
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.
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988,
or other datum, of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
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.
See "Special Flood Hazard Area."
See "Coastal High Hazard Area."
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
This Chapter shall apply to all special flood hazard areas within
the City.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
The most recent areas of special flood hazard identified by
the Federal Emergency Management Agency (FEMA) in the "Flood Insurance
Study (FIS) for Los Angeles County, California and Incorporated Areas",
with accompanying Flood Insurance Rate Maps (FIRMs), and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared
to be a part of this Chapter. This FIS and attendant mapping is the
minimum area of applicability of this Chapter and may be supplemented
by studies for other areas which allow implementation of this Chapter
and which are recommended to the City by the Floodplain Administrator.
The FIS and FIRMs are on file with the City's Public Works Department.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this Chapter and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards) shall
constitute a misdemeanor. Nothing herein shall prevent the City from
taking such lawful action as is necessary to prevent or remedy any
violation.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
This Chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Chapter and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
In the interpretation and application of this Chapter, all provisions
shall be:
(a)
Considered
as minimum requirements;
(b)
Liberally
construed in favor of the City; and
(c)
Deemed
neither to limit nor repeal any other powers granted under Federal
or State statutes.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This Chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This Chapter shall not create liability
on the part of the City, any officer or employee thereof, the State
of California, or the Federal Emergency Management Agency, for any
flood damages that result from reliance on this Chapter or any administrative
decision lawfully made hereunder.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
The City Engineer or designee is hereby appointed to serve as
the Floodplain Administrator to administer, implement, and enforce
this Chapter by granting or denying development permits in accord
with its provisions. The Floodplain Administrator may delegate in
writing the duties, responsibilities, and authority granted under
this chapter.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
The duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to, the following:
(a)
Permit Review. Review all floodplain development permits to
determine:
(1)
Permit requirements of this Chapter have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
(2)
All other required State and Federal permits have been obtained;
(3)
The site is reasonably safe from flooding;
(4)
The proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. This means that the cumulative effect of
the proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point within the City;
and
(5)
All letters of map revision (LOMRs) for flood control projects are
approved prior to the issuance of building permits. Building permits
must not be issued based on conditional letters of map revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood control project
and land preparation as specified in the "start of construction" definition.
(b)
Development of Substantial Improvement and Substantial Damage Procedures.
(1)
Using FEMA publication FEMA 213 and any updates thereto, "Answers
to Questions About Substantially Damaged Buildings," develop detailed
procedures for identifying and administering requirements for substantial
improvement and substantial damage, to include defining "Market Value."
(2)
Assure procedures are coordinated with other departments/divisions
and implemented by community staff.
(c)
Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 7.68.060 the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, to administer Section 7.68.150.
(d)
Notification of Other Agencies.
(1)
Alteration or relocation of a watercourse:
(A)
Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
(B)
Submit evidence of such notification to the Federal Emergency Management
Agency; and
(C)
Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
(2)
Base Flood Elevation changes due to physical alterations:
(A)
Within six months of information becoming available or project completion,
whichever comes first, the Floodplain Administrator shall submit or
assure that the permit applicant submits technical or scientific data
to FEMA for a letter of map revision (LOMR).
(B)
All LOMRs for flood control projects are approved prior to the issuance
of building permits. Building permits must not be issued based on
conditional letters of map revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation
as specified in the "start of construction" definition.
Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements are based on current
data.
(e)
Changes in Corporate Boundaries. Notify FEMA in writing whenever
the corporate boundaries have been modified by annexation or other
means and include a copy of a map of the community clearly delineating
the new corporate limits.
(f)
Documentation of Floodplain Development. Obtain and maintain
for public inspection and make available as needed the following:
(1)
Certification required by Section 7.68.150(c)(1) (lowest floor elevations);
(2)
Certification required by Section 7.68.150(c)(2) (elevation or floodproofing of nonresidential structures);
(3)
Certification required by Section 7.68.150(c)(3) (wet floodproofing standard);
(4)
Certification of elevation required by Section 7.68.170(a)(3) (subdivisions and other proposed development standards);
(5)
Certification required by Section 7.68.200(b) (floodway encroachments); and
(6)
Maintain a record of all variance actions, including justification
for their issuance, and report such variances issued in its biennial
report submitted to the Federal Emergency Management Agency.
(g)
Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 7.68.140.
(h)
Remedial Action. Take action to remedy violations of this Chapter as specified in Section 7.68.070.
(i)
Biennial Report. Complete and submit Biennial Report to FEMA.
(j)
Planning. Assure that the City's General Plan is consistent
with floodplain management objectives herein.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
No person shall develop or erect any structures, including manufactured
homes, within any special flood hazard area without first obtaining
a floodplain development permit. Application for a development permit
shall be made on forms furnished by the City. The applicant shall
provide the following minimum information:
(a)
Plans
in duplicate, drawn to scale, showing:
(1)
Location, dimensions, and elevation of the area in question, existing
or proposed structures, storage of materials and equipment and their
location;
(2)
Proposed locations of water supply, sanitary sewer and other utilities;
(3)
Grading information showing existing and proposed contours, any proposed
fill, and drainage facilities;
(4)
Location of the regulatory floodway when applicable;
(5)
Base flood elevation information as specified in Sections 7.68.060 or 7.68.120(c);
(6)
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
(7)
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 7.68.150(c)(2) of this Chapter and detailed in the most recent FEMA technical guidance.
(b)
Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 7.68.150(c)(2).
(c)
For a crawl-space foundation, location and total net area of foundation openings as required in Section 7.68.150(c)(3) of this Chapter and detailed in the most recent FEMA technical guidance.
(d)
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(e)
All appropriate certifications listed in Section 7.68.120(e) of this Chapter.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
The Director of Public Works shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Floodplain Administrator in the enforcement or administration
of this Chapter. The appeal shall be filed in writing to the Director
of Public Works within fifteen days of action pertaining to the floodplain
development permit. Appeals of the determination of the Director of
Public Works shall be made to the City Council within fifteen days
of action pertaining to the floodplain development permit. All appeals
shall describe, in detail, the facts and/or law asserted as the basis
for the appeal.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
In all areas of special flood hazards the following standards
are required:
(a)
Anchoring. All new construction and substantial improvements
of structures, including manufactured homes, shall be adequately anchored
to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
(b)
Construction Materials and Methods. All new construction and
substantial improvements of structures, including manufactured homes,
shall be constructed:
(1)
With flood resistant materials, and utility equipment resistant to
flood damage for areas below the base flood elevation;
(2)
Using methods and practices that minimize flood damage;
(3)
With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located
to prevent water from entering or accumulating within the components
during conditions of flooding; and
(c)
Elevation and Floodproofing.
(1)
Residential Construction. All new construction or substantial
improvements of residential structures shall have the lowest floor,
including basement:
(A)
In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under Section 7.68.120(c).
Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the Public Works
Inspector to be properly elevated. Such certification and verification
shall be provided to the Floodplain Administrator.
(2)
Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 7.68.150(c)(1) or:
(A)
Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 7.68.150(c)(1), so that the structure is watertight with walls substantially impermeable to the passage of water;
(B)
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(C)
Be certified by a registered civil engineer or architect that the standards of Section 7.68.150(c)(2)(A) and (B) are satisfied. Such certification shall be provided to the Floodplain Administrator.
(3)
Flood Openings. All new construction and substantial
improvements of structures with fully enclosed areas below the lowest
floor (excluding basements) that are usable solely for parking of
vehicles, building access or storage, and which are subject to flooding,
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must meet the following minimum
criteria:
(A)
For non-engineered openings:
(i)
Have a minimum of two openings on different sides having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii)
The bottom of all openings shall be no higher than one foot
above natural grade;
(iii)
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwater; and
(iv)
Buildings with more than one enclosed area must have openings
on exterior walls for each area to allow flood water to directly enter;
or
(B)
Be certified by a registered civil engineer or architect.
(5)
Garages and Low Cost Accessory Structures.
(A)
Attached Garages.
(i)
A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 7.68.150(c)(3). Areas of the garage below the BFE must be constructed with flood resistant materials.
(ii)
A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on below grade
parking areas, see most recent FEMA technical guidance.
(B)
Detached Garages and Accessory Structures.
(i)
"Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 7.68.040, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a.
Use of the accessory structure must be limited to parking or
limited storage;
b.
The portions of the accessory structure located below the BFE
must be built using flood-resistant materials;
c.
The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
d.
Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to or above the BFE;
e.
The accessory structure must comply with floodplain encroachment provisions in Section 7.68.200; and
f.
The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 7.68.150(c)(3).
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
(b)
On
site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
(a)
All
new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than
fifty lots or five acres, whichever is the lesser, shall:
(1)
Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations
(BFE);
(2)
Identify the elevations of lowest floors of all proposed structures
and pads on the final plans;
(3)
If the site is filled above the base flood elevation, the following
as-built information for each structure shall be certified by a registered
civil engineer or licensed land surveyor and provided as part of an
application for a letter of map revision based on fill (LOMR-F) to
the Floodplain Administrator:
(b)
All
subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
(c)
All
subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(d)
All
subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
(a)
All
recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE
will either:
(1)
Be on the site for fewer than one hundred eighty consecutive days;
or
(2)
Be fully licensed and ready for highway use. A recreational vehicle
is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions; or
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
(a)
All
manufactured homes that are placed or substantially improved on sites
located: (1) outside of a manufactured home park or subdivision; (2)
in a new manufactured home park or subdivision; (3) in an expansion
to an existing manufactured home park or subdivision; or (4) in an
existing manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood, shall:
(1)
Within Zones A 1-30, AH, and AE on the City's Flood Insurance Rate
Map, be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to or above the base flood elevation
and be securely fastened to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
(2)
Within Zones V1-30, V, and VE on the City's Flood Insurance Rate
Map, meet the requirements of this Section.
(b)
All
manufactured homes to be placed or substantially improved on sites
in an existing manufactured home park or subdivision within Zones
A 1-30, AH, AE, V1-30, V, and VE on the City's Flood Insurance Rate
Map that are not subject to the provisions of this Section will be
securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement, and be elevated so that
either the:
Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the City building
inspector to be properly elevated. Such certification and verification
shall be provided to the Floodplain Administrator.
(Added by Ord. No. 2665CCS §
1, adopted 3/23/21)
Since floodways are an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(a)
Until
a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted
within Zones A1-30 and AE, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the City.
(b)
Within
an adopted regulatory floodway, the City shall prohibit encroachments,
including fill, new construction, substantial improvements, and other
development, unless certification by a registered civil engineer is
provided demonstrating that the proposed encroachment shall not result
in any increase in flood levels during the occurrence of the base
flood discharge.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
Within coastal high hazard areas, Zones V, V1-30, and VE, as
defined in Section 68.040, the following standards shall apply:
(a)
All
new residential and non-residential construction, including substantial
improvement/damage, shall be elevated on adequately anchored pilings
or columns and securely anchored to such pilings or columns so that
the bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to or above the
base flood level. The pile or column foundation and structure attached
thereto is anchored to resist flotation, collapse, and lateral movement
due to the effects of wind and water loads acting simultaneously on
all building components. Water loading values used shall be those
associated with the base flood. Wind loading values used shall be
those required by applicable State or local building standards.
(b)
All
new construction and other development shall be located on the landward
side of the reach of mean high tide.
(c)
All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 7.68.040 of this Chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
(d)
Fill
shall not be used for structural support of buildings.
(e)
Man-made
alteration of sand dunes which would increase potential flood damage
is prohibited
(f)
The
Floodplain Administrator shall obtain and maintain the following records:
(1)
Certification by a registered civil engineer or architect that a
proposed structure complies with this Section; and
(2)
The elevation (in relation to mean sea level) of the bottom of the
lowest horizontal structural member of the lowest floor (excluding
pilings or columns) of all new and substantially improved structures,
and whether such structures contain a basement.
(Added by Ord. No. 2665CCS §
1, adopted 3/23/21)
(a)
Nature of Variances. The issuance of a variance is for floodplain
management purposes only. Insurance premium rates are determined by
statute according to actuarial risk and will not be modified by the
granting of a variance.
The variance criteria set forth in this Section are based on
the general principle of zoning law that variances pertain to a piece
of property and are not personal in nature. A variance may be granted
for a parcel of property with physical characteristics so unusual
that complying with the requirements of this Chapter would create
an exceptional hardship to the applicant or the surrounding property
owners. The characteristics must be unique to the property and not
be shared by adjacent parcels. The unique characteristic must pertain
to the land itself, not to the structure, its inhabitants, or the
property owners.
It is the duty of the City to help protect its citizens from
flooding. This need is so compelling and the implications of the cost
of insuring a structure built below flood level are so serious that
variances from the flood elevation or from other requirements in the
flood ordinance are quite rare. The long term goal of preventing and
reducing flood loss and damage can only be met if variances are strictly
limited. Therefore, the variance guidelines provided in this Chapter
are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed
to screen out those situations in which alternatives other than a
variance are more appropriate.
(b)
Conditions for Variances.
(1)
Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 7.68.130 and 7.68.140 have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 7.68.040) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3)
Variances shall not be issued within any mapped regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
(4)
Variances shall only be issued upon a determination that the variance
is the "minimum necessary" considering the flood hazard, to afford
relief. "Minimum necessary" means to afford relief with a minimum
of deviation from the requirements of this Chapter. For example, in
the case of variances to an elevation requirement, this means the
City need not grant permission for the applicant to build at grade,
or even to whatever elevation the applicant proposes, but only to
that elevation which the City believes will both provide relief and
preserve the integrity of the local ordinance.
(5)
Any applicant to whom a variance is granted shall be given written
notice over the signature of a City official that:
(A)
The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as twenty-five dollars for one hundred dollars
of insurance coverage; and
(B)
Such construction below the base flood level increases risks to life
and property. It is recommended that a copy of the notice shall be
recorded by the Floodplain Administrator in the Office of the Los
Angeles County Recorder and shall be recorded in a manner so that
it appears in the chain of title of the affected parcel of land.
(6)
The Floodplain Administrator will maintain a record of all variance
actions, including justification for their issuance, and report such
variances issued in its biennial report submitted to the Federal Emergency
Management Agency.
(c)
Consideration of Factors.
(1)
In passing upon requests for variances, the Flood Plain Administrator
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this Chapter, and the:
(A)
Danger that materials may be swept onto other lands to the injury
of others;
(B)
Danger of life and property due to flooding or erosion damage;
(C)
Susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the existing individual owner
and future owners of the property;
(D)
Importance of the services provided by the proposed facility to the
community;
(E)
Necessity to the facility of a waterfront location, where applicable;
(F)
Availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(G)
Compatibility of the proposed use with existing and anticipated development;
(H)
Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(I)
Safety of access to the property in time of flood for ordinary and
emergency vehicles;
(J)
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
(K)
Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water system, and streets and
bridges.
(2)
Variances shall only be issued upon a:
(A)
Showing of good and sufficient cause;
(B)
Determination that failure to grant the variance would result in
exceptional "hardship" to the applicant; and
(C)
Determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or extraordinary
public expense, create a nuisance (see "Public safety and nuisance"),
cause "fraud and victimization" of the public, or conflict with existing
local laws or ordinances.
(3)
Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 7.68.220(c) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(4)
Upon consideration of the factors of Section 7.68.220(c)(1) and the purposes of this Chapter, the City may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
(Added by Ord. No. 2281CCS §
1, adopted 1/13/09; amended by Ord. No. 2665CCS § 1, adopted 3/23/21)
The fees for each service provided in the administration and
enforcement of this Chapter shall be as set forth by Resolution of
the City Council based on the estimated reasonable cost of providing
the service, except for penalties.
(Added by Ord. No. 2665CCS §
1, adopted 3/23/21)
