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 council of the city of Glendora adopts the following floodplain
management regulations.
(Ord. 1846 § 1, 2007)
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 provisions designed to:
(1)
Protect
human life and health;
(2)
Minimize
expenditure of public money for costly flood control projects;
(3)
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4)
Minimize
prolonged business interruptions;
(5)
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;
(6)
Help
maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
(7)
Ensure
that potential buyers are notified that property is in an area of
special flood hazard; and
(8)
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Ord. 1846 § 1, 2007)
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.
means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "one hundred-year flood").
Base flood is the term used throughout this chapter.
See "Structure."
means 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.
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; or mudslides (i.e., mudflows) which are proximately caused
by flooding as defined herein and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth
is carried by a current of water and deposited along the path of the
current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusual and unforeseeable event which results
in flooding as defined herein.
means any land area susceptible to being inundated by water
from any source. See "Flooding."
is the individual appointed to administer and enforce the
floodplain management regulations.
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.
is the local governing unit, i.e., county or municipality,
that is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
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
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 with approved programs.
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.
for floodplain management purposes, means 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.
See "Base flood."
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.
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 hundred eighty days
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
proposed new development 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."
(Ord. 1846 § 1, 2007)
This chapter shall apply to all areas identified as flood-prone
within the jurisdiction of the city of Glendora.
(Ord. 1846 § 1, 2007)
The floodplain administrator shall obtain, review, and reasonably
utilize any base flood data available from other federal or state
agencies or other source to identify flood-prone areas within the
jurisdiction of the city of Glendora. This data will be on file at
City Hall, in the department of public works.
(Ord. 1846 § 1, 2007)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the term
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 misdemeanor. Nothing
herein shall prevent the city council from taking such lawful action
as is necessary to prevent or remedy any violation.
(Ord. 1846 § 1, 2007)
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.
(Ord. 1846 § 1, 2007)
In the interpretation and application of this chapter, all provisions
shall be:
(1)
Considered
as minimum requirements;
(2)
Liberally
construed in favor of the governing body; and
(3)
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ord. 1846 § 1, 2007)
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 Glendora, 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.
(Ord. 1846 § 1, 2007)
