A.
Lands
to Which This Chapter Applies. This chapter shall apply to all areas
of special flood hazards within the jurisdiction of the City of Bellflower.
B.
Basis
for Establishing the Areas of Special Flood Hazard. The areas of special
flood hazard identified by the Federal Insurance Administration (FIA)
of the Federal Emergency Management Agency (FEMA) in the Flood Insurance
Study (FIS) dated March 26, 1991 and accompanying Flood Insurance
Rate Map (FIRM) dated July 6, 1998, and all subsequent amendments
and/or revisions, are adopted by reference. This FIS and attendant
mapping is the minimum area of applicability and may be supplemented
by studies for other areas which allow implementation of this ordinance
and which are recommended to the City of Bellflower by the Floodplain
Administrator. The study and FIRM are on file in the Community Development
Department.
C.
Compliance. 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 established in connection with conditions) shall constitute a violation per Chapter 1.08. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.
D.
Abrogation
and Greater Restrictions. This section 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.
F.
Warning
and Disclaimer of Liability. 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 of Bellflower,
any officer or employee thereof, the State of California, or the Federal
Insurance Administration, Federal Emergency Management Agency, for
any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
G.
Severability.
This chapter and the various parts thereof are hereby declared to
be severable. Should any section of this chapter be declared by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of this chapter as a whole, or any portion thereof
other than the section so declared to be unconstitutional or invalid.
(Prior code § 9-9.1)
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
shall mean a use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
shall mean a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter.
shall mean a designated AO, AH, AR (with base flood depth),
AR/AO, or AR/AH Zone on the Flood Insurance Rate Map (FIRM). The base
flood depths range from one to three 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.
See "Special flood hazard area."
shall mean a special flood hazard area that results from
the decertification of a previously accredited flood protection system
that is determined to be in the process of being restored to provide
a 100-year or greater level of flood protection.
shall mean an area where no base flood elevations have been
determined.
shall mean a flood which has a 1% 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.
shall mean any area of the building having its floor subgrade;
i.e., below ground level on all sides.
See "Structure."
shall mean the City of Bellflower.
shall mean the entire corporate limits within the City of
Bellflower, which is an area that is:
A primarily urbanized, built-up area that is a minimum of 20
contiguous acres, has basic urban infrastructure, including roads,
utilities, communications and public facilities, to sustain industrial,
residential and commercial activities, and
Within which 75% or more of the parcels, tracts or lots contain
commercial, industrial or residential structures or uses; or
Is a single parcel, tract or lot in which 75% of the area contains
existing commercial or industrial structures or uses; or
Is a subdivision developed at a density of at least two residential
structures per acre within 75% of more the lots contain existing residential
structures.
Undeveloped parcels, tracts or lots, the combination of which
is less than 20 acres and contiguous on at least three sides to areas
meeting the criteria of Paragraph 1 of this definition.
A subdivision that is a minimum of 20 contiguous acres that
has obtained all necessary government approvals, provided that the
actual "start of construction" of structures has occurred on at least
Ten percent of the lot or remaining lots of a subdivision or
Ten percent of the maximum building coverage or remaining building
coverage allowed for a single lot subdivision and construction of
structures is underway. Residential subdivisions must meet the density
criteria in Paragraph (1)(c) of this definition.
shall mean any man-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.
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.
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) is completed before
the effective date of the floodplain management regulations adopted
by a community.
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).
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; and/or mudslides (i.e., mudflows); and
The condition resulting from flood-related erosion.
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 floodway.
shall mean the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated
the areas of flood hazards.
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.
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.
shall mean any land area susceptible to being inundated by
water from any source. See "Flooding."
shall mean the individual appointed by the City Manager to
enforce the floodplain management regulations.
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.
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 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.
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.
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 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 15.36.050, Variances, of this chapter, shall mean that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Planning Commission, or on appeal, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 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 as a whole 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.
shall mean the local governing unit, i.e., the City Council
of the City of Bellflower, that is empowered to adopt and implement
regulations to provide for the public health, safety and general welfare
of its citizenry.
as related to Section 15.36.050, Variances, of this chapter shall mean the exceptional hardship that would result from a failure to grant the requested variance. The Planning Commission, or on appeal, the City Council shall require that such 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 of 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.
shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
shall mean 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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved State program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
shall mean a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
shall mean a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound engineering
practices.
shall mean the lowest floor of the lowest enclosed area,
including basement (see "Basement" definition).
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 wet floodproofing standard in Section 15.36.040(A)(3)(c);
The anchoring standards in Section 15.36.040(A)(1);
The construction materials and methods standards in Section
15.36.040(A)(2);
The standards for utilities in Section 15.36.040(B).
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.
shall mean 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."
shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
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.
for floodplain management purposes, shall mean structures
for which the "start of construction" commenced on or after the effective
date of floodplain management regulations adopted by this community,
and includes any subsequent improvements to such structures.
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) is completed on
or after the effective date of floodplain management regulations adopted
by this community.
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.
See "Base flood."
as related to Section 15.36.050, Variances, of this chapter shall mean that the granting of a variance must not result in anything which is injurious to the 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.
shall mean a vehicle which is:
Built on a single chassis;
Three hundred twenty square feet or less in area when measured
at the longest 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 designed
for human habitation for recreational or emergency purposes.
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 foot.
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.
shall mean relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
See "Area of shallow flooding."
shall mean an area in the floodplain subject to a 1% or greater
chance of flooding in any given year. It is shown on the FIRM for
the City of Bellflower as Zone AR.
includes proposed new development and shall mean the date
the building permit was issued, provided the actual start of construction,
was within 180 days from the date of the permit. The actual start
shall mean 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 manufactured 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 shall mean 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, following issuance of necessary permit(s).
shall mean a walled and roofed building that is principally
above ground; this includes a gas or liquid storage tank or a manufactured
home.
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 50% of the market value of the structure
before the damage occurred.
shall mean any reconstruction, rehabilitation, addition,
or other proposed new development of a structure, the cost of which
equals or exceeds 50% 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."
shall mean a grant of relief from the requirements of this
chapter which permits construction in a manner that would otherwise
be prohibited by this chapter.
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.
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.
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.
(Prior code § 9-9.2)
A.
Establishment
of Development Permit. A development permit shall be obtained before
any construction or other development begins within any area of special
flood hazard established in this chapter. Application for a development
permit shall be made on forms furnished by the Floodplain Administrator
and may include, but not be limited to: plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevation of the
area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
1.
Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures and elevation of highest adjacent grade
to the proposed wall of the structure; and
2.
Proposed
elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, if required in this chapter; and
3.
All
appropriate certifications listed in this chapter; and
4.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
B.
Designation
of the Floodplain Administrator. The Community Development Director
is appointed to administer, implement, and enforce this chapter by
granting or denying development permits in accordance with its provisions.
C.
Duties
and Responsibilities of the Floodplain Administrator. Responsibilities
of the Floodplain Administrator shall include, but not be limited
to the following.
1.
Permit
Review. Review all development permits to determine that:
a.
Permit requirements of this chapter have been satisfied;
b.
All other required State and Federal permits have been obtained;
c.
The site is reasonably safe from flooding; and
d.
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. For purposes of this chapter, "adversely
affects" shall mean that the cumulative effect of the proposed development
when combined with all other existing and anticipated development
will increase the water surface elevation of the base flood more than
one foot at any point.
2.
Review
and Use of Any Other Base Flood Data. When base flood elevation data
has not been provided in accordance with this chapter, 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, in order to administer this chapter. Any
such information shall be submitted to the City Council for adoption.
3.
Notification
of Other Agencies. In 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 Insurance Administration,
Federal Emergency Management Agency; and
c.
Assure that the flood-carrying capacity within the altered or relocated
portion of said watercourse is maintained.
4.
Documentation
of Floodplain Development. Obtain and maintain for public inspection
and make available as needed the following:
a.
Certification required by Section 15.36.040(A)(3) (lowest floor elevations);
b.
Certification required by Section 15.36.040(A)(3) (elevation or floodproofing
of nonresidential structures);
c.
Certification required by Section 15.36.040(A)(3) (wet floodproofing
standard);
d.
Certification of elevation required by Section 15.36.040(C) (subdivision standards).
5.
Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, 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 15.36.050.
6.
Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.36.010(C).
7.
Implementation
of AR Zone Regulations.
a.
Use the adopted official map or legal description of those designated developed areas within the AR Zone, as defined in Section 15.36.020.
b.
Determine the base flood elevation to be used for individual projects, all of which will be within developed areas (See Section 15.36.040(F)).
d.
Provide written notification to the permit applicant that the area
has been designated as an AR Zone and whether the structure will be
elevated or protected to or above the AR base flood elevation.
D.
Appeals.
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 Floodplain Administrator in the enforcement or administration
of this chapter, upon the filing of an appeal on forms created by
the Secretary to the Planning Commission.
(Prior code § 9-9.3)
A.
Standards
of Construction. In all areas of special flood hazards the following
standards are required:
1.
Anchoring.
a.
All new construction 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.
2.
Construction
Materials and Methods. All new construction shall be constructed
a.
With materials and utility equipment resistant to flood damage;
b.
Using methods and practices that minimize flood damage;
c.
With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
3.
Elevation
and Floodproofing.
a.
New residential construction, shall have the lowest floor, including
the basement, when located:
(2)
In an A zone, elevated to or above the base flood elevation, as determined
by this community.
Upon the completion of the structure, the elevation of the lowest
floor including the basement shall be certified by a registered professional
engineer or surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall
be provided to the Floodplain Administrator.
b.
New nonresidential construction, shall either be elevated to conform with Subsection (F) of this section or together with attendant utility and sanitary facilities
(1)
Be floodproofed to the elevation recommended under this chapter so
that the structure is watertight with walls substantially impermeable
to the passage of water; and
(2)
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(3)
Be certified by a registered professional engineer or architect that
the standards of this chapter are satisfied. Such certification shall
be provided to the Floodplain Administrator.
c.
All new construction 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:
(1)
Be certified by a registered professional engineer or architect;
or
(2)
Have a minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwater.
B.
C.
Standards
for Subdivisions.
1.
All
preliminary subdivision proposals shall identify the flood hazard
area and the elevation of the base flood.
2.
All
subdivision plans shall provide the elevation of proposed structure(s)
and pad(s). If the site is filled above the base flood elevation,
the lowest floor and pad elevations shall be certified by a registered
professional engineer or surveyor and provided to the Floodplain Administrator.
3.
All
subdivision proposals shall be consistent with the need to minimize
flood damage.
4.
All
subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
5.
All
subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
D.
Standards
for Manufactured Homes.
1.
All
manufactured homes that are placed, within the AR Zone on the community's
Flood Insurance Rate Map, on sites located:
a.
Outside of a manufactured home park or subdivision; or
b.
In a new manufactured home park or subdivision; or
c.
In an expansion to an existing manufactured home park or subdivision;
shall 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.
All manufactured homes that are placed on sites located in areas described in this chapter within Zone AR shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated in accordance with the elevation requirements prescribed in Subsection (F) of this section.
3.
All
manufactured homes to be placed within Zone AR shall be securely fastened
to an adequately anchored foundation system to resist flotation, collapse
and lateral movement, and be elevated so that either the:
a.
Lowest floor of the manufactured home is at or above the elevation requirements prescribed in Subsection (F) of this section; or
b.
Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are not less
than 36 inches in height above grade.
E.
Standards
for Recreational Vehicles.
1.
All
recreational vehicles placed on sites within the A or AR Zone on the
community's Flood Insurance Rate Map will either:
a.
Be on the site for fewer than 180 consecutive days, and 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
F.
AR Zone Areas. Within areas designated as AR as established under Section 15.36.010(B), the following standards shall apply:
1.
New
Structures in Developed Areas. All new construction in areas designated
as developed areas shall meet the standards of this chapter using
the lower of either the AR base flood elevation or the elevation that
is three feet above the highest grade adjacent to the proposed walls
of the structure.
2.
Existing
Structures in Developed Areas. For improvements, including substantial
improvements, to existing structures, there will be no elevation requirements.
The NFIP defines "substantial improvement" as any reconstruction,
rehabilitation, addition, or other improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
before the start of the construction of the improvement.
(Prior code § 9-9.4)
A.
Nature
of Variances. The variance criteria set forth in this chapter 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 specific 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.
Appeal
Board.
1.
In
deciding upon requests for variances, the Planning Commission 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.
Availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
f.
Compatibility of the proposed use with existing and anticipated development;
g.
Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
h.
Safety of access to the property in time of flood for ordinary and
emergency vehicles;
i.
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
j.
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.
Any
applicant to whom a variance is granted shall be given written notice
over the signature of the Planning Commission Chairperson and Secretary
and shall include notification 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 $25 for $100 of insurance coverage, and
b.
Such construction below the base flood level increases risks to life
and property. A copy of the notice shall be recorded in the office
of the L.A. County Recorder and shall be recorded in a manner so that
it appears in the chain of title of the affected parcel of land.
3.
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 Insurance Administration,
Federal Emergency Management Agency.
C.
Findings
for Variances.
1.
Generally,
variances may be issued for new construction, 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 this
chapter have been fully considered. As the lot size increases beyond
1/2 acre, the technical justification required for issuing the variance
increases.
2.
Variances
shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief.
"Minimum necessary" shall mean 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 Planning
Commission 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 Planning Commission believes will both
provide relief and preserve the integrity of the local ordinance.
3.
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" (as defined in Section 15.36.020) 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, cause fraud or victimization of
the public, or conflict with existing local laws or ordinances.
4.
Variances
may be issued for new construction, provided that the provisions of
this section 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.
5.
Upon
consideration of the factors of this chapter and the purposes of this
chapter, the Planning Commission may attach such conditions to the
granting of variances as it deems necessary to further the purposes
of this chapter.
(Prior code § 9-9.5)
