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 West Hollywood does hereby adopt the following
floodplain management regulations.
(Ord. 06-737 § 1, 2006)
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 legally enforceable regulations
applied uniformly throughout the community 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 so as to minimize future blighted
areas caused by flood damage;
G. Ensure
that potential buyers are notified that property is in an area of
special flood hazard; and
H. Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Ord. 06-737 § 1, 2006)
In order 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;
E. Prevent
or regulate the construction of flood barriers which will unnaturally
divert flood-waters or which may increase flood hazards in other areas;
and
F. These
regulations take precedence over any less restrictive conflicting
local laws, ordinances and codes.
(Ord. 06-737 § 1, 2006)
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.
"Accessory use"
means a use customarily incidental to, related and clearly
subordinate to a principal use established on the same parcel, or
within the same tenant space/business, which does not alter the principal
use nor serve property other than the parcel or tenant space/business
where the principal use is located.
"Alluvial fan"
means a geomorphologic feature characterized by a cone or
fan-shaped deposit of boulders, gravel, and fine sediments that have
been eroded from mountain slopes, transported by flood flows, and
then deposited on the valley floors, and which is subject to flash
flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
"Apex"
means a point on an alluvial fan or similar landform below
which the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
"Appeal"
means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter.
"Area of shallow flooding"
means a designated AO or 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.
"Base flood"
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.
"Base flood elevation" or "BFE"
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 1-percent or greater chance
of being equaled or exceeded in any given year.
"Basement"
means any area of the building having its floor subgrade
(i.e., below ground level) on all sides.
"Development"
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.
"Encroachment"
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.
"Existing manufactured home park or subdivision"
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 date this
chapter becomes effective.
"Expansion to an existing manufactured home park or subdivision"
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).
"Flood, flooding, or flood water"
means:
1.
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
2.
The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map" or "FBFM"
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.
"Flood Insurance Rate Map" or "FIRM"
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.
"Flood Insurance Study"
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.
"Floodplain management"
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.
"Floodplain management regulations"
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.
"Floodproofing"
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.
"Floodway"
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."
"Floodway fringe"
is that area of the floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
"Fraud and victimization,"
as related to Sections
15.68.220 through
15.68.240 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Planning Commission 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 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.
"Functionally dependent use"
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.
"Governing body"
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.
"Hardship,"
as related to Sections
15.68.220 through
15.68.240 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The Planning Commission 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 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.
"Highest adjacent grade"
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure"
means any structure that is:
1.
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;
2.
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;
3.
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
4.
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.
"Levee"
means 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.
"Levee system"
means 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.
"Lowest floor"
means the lowest floor of the lowest enclosed area, including
basement (See "basement" definition).
1.
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:
a.
The flood openings standard in Section 15.68.160(C)(3);
c.
The construction materials and methods standards in Section
15.68.160(B); and
"Manufactured home"
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."
"Market value"
is defined in the City of West Hollywood substantial damage/improvement
procedures. See Section 15.68.130(B)(1).
"Mean sea level"
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.
"New construction,"
for floodplain management purposes, means structures for
which the "start of construction" commenced on or after the date this
chapter becomes effective, and includes any subsequent improvements
to such structures.
"New manufactured home park or subdivision"
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 date
this chapter becomes effective.
"Obstruction"
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.
"Program deficiency"
means a defect in a community's floodplain management regulations
or administrative procedures that impairs effective implementation
of those floodplain management regulations.
"Public safety and nuisance"
as related to Sections
15.68.220 through
15.68.240 of this chapter, 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.
"Recreational vehicle"
means a vehicle which is:
1.
Built on a single chassis;
2.
400 square feet or less when measured at the largest horizontal
projection;
3.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
4.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
"Regulatory floodway"
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.
"Remedy a violation"
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 this chapter or otherwise deterring future similar violations,
or reducing state or federal financial exposure with regard to the
structure or other development.
"Riverine"
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
"Special flood hazard area" or "SFHA"
means an area in the floodplain subject to a 1 percent or
greater chance of flooding in any given year. It is shown on an FHBM
or FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
"Start of construction"
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 180 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.
"Structure"
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
"Substantial damage"
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 50 percent of the market value of the structure
before the damage occurred.
"Substantial improvement"
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:
1.
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
2.
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
"Variance"
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.
"Violation"
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.
"Water surface elevation"
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.
"Watercourse"
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.
(Ord. 06-737 § 1, 2006)
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City of West Hollywood.
(Ord. 06-737 § 1, 2006)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS)
for the City of West Hollywood" dated June 18, 1987, with accompanying
Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway
Maps (FBFMs), dated June 18, 1987, 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 of West Hollywood by the Floodplain Administrator.
The study, FIRMs and FBFMs are on file at West Hollywood City Hall,
8300 Santa Monica Boulevard, West Hollywood, California, 90069.
(Ord. 06-737 § 1, 2006)
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 Council
from taking such lawful action as is necessary to prevent or remedy
any violation.
(Ord. 06-737 § 1, 2006)
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. 06-737 § 1, 2006)
In the interpretation and application of this chapter, all provisions
shall be:
A. Considered
as minimum requirements;
B. Liberally
construed in favor of the governing body; and
C. Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ord. 06-737 § 1, 2006)
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 City Council, 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.
(Ord. 06-737 § 1, 2006)
The City Engineer is hereby appointed to administer, implement,
and enforce this chapter by granting or denying development permits
in accord with its provisions.
(Ord. 06-737 § 1, 2006)
The duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to the following:
A. Permit Review. Review all Flood Damage Prevention 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 1 foot at any point within the City of
West Hollywood; 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, 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
15.68.070, 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 Sections
15.68.160 through
15.68.210.
Note: A base flood elevation may be obtained
using one of two methods from the FEMA publication, FEMA 265, Managing Floodplain Development in Approximate Zone A Areas –
A Guide for Obtaining and Developing Base (100-year) Flood Elevations, dated July 1995.
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.
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3. 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.
E. Documentation of Floodplain Development. Obtain and maintain
for public inspection and make available as needed the following:
1. Certification required by Section 15.68.160(C)(1) and Section
15.68.190 (lowest floor elevations);
2. Certification
required by Section 15.68.160(C)(2) (elevation or floodproofing of
nonresidential structures);
3. Certification
required by Section 15.68.160(C)(3) (wet floodproofing standard);
4. Certification
of elevation required by Section 15.68.180(A)(3) (subdivisions and
other proposed development standards);
5. Certification required by Section
15.68.210(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.
F. 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
15.68.150.
G. Remedial Action. Take action to remedy violations of this chapter as specified in Section
15.68.080.
H. Biennial Report. Complete and submit Biennial Report to
FEMA.
I. Planning. Assure the community's General Plan is consistent
with floodplain management objectives herein.
(Ord. 06-737 § 1, 2006)
A flood damage prevention permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section
15.68.070. Application for a flood damage prevention permit shall be made on forms furnished by the City of West Hollywood. 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;
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 15.68.160(C)(2)
of this chapter and detailed in FEMA Technical Bulletin TB 3-93.
B. Certification
from a registered civil engineer or architect that the nonresidential
flood-proofed building meets the floodproofing criteria in Section
15.68.160(C)(2).
C. For
a crawl-space foundation, location and total net area of foundation
openings as required in Section 15.68.160(C)(3) of this chapter and
detailed in FEMA Technical Bulletins 1-93 and 7-93.
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
15.68.130(E) of this chapter.
(Ord. 06-737 § 1, 2006)
The Planning Commission of the City of West Hollywood 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.
(Ord. 06-737 § 1, 2006)
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 so as
to prevent water from entering or accumulating within the components
during conditions of flooding; and
4. Within
Zones AH or AO, so that there are adequate drainage paths around structures
on slopes to guide flood waters around and away from proposed structures.
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 AE, AH, A1-30 Zones, elevated to or above the base flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM,
or elevated at least two feet above the highest adjacent grade if
no depth number is specified.
c. 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
15.68.130(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 community
building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
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2. Nonresidential
Construction. All new construction or substantial improvements of
nonresidential structures shall either be elevated to conform with
Section 15.68.160(C)(1) or:
a. Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under Section 15.68.160(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 15.68.160(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:
1. 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;
2. The bottom of all openings shall be no higher than one foot above
grade;
3. 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
4. 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.
4. Manufactured
Homes.
a. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Section
15.68.160(C).
b. Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in Section
15.68.190. Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93.
5. Garages
and Low Cost Accessory Structures.
a. Attached Garages.
1. 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 15.68.160(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section
15.68.160(B).
2. A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below grade parking
areas, See FEMA Technical Bulletin TB-6.
b. Detached Garages and Accessory Structures.
1. "Accessory structures," as defined in Section
15.68.050, 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
15.68.210; and
f) The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with Section 15.68.160(C)(3).
2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section
15.68.160.
6. Crawlspace
Construction. This subsection applies to buildings with crawl spaces
up to two feet below grade. Below-grade crawl space construction in
accordance with the requirements listed below will not be considered
basements.
a. The building must be designed and adequately anchored to resist flotation,
collapse, and lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy. Crawl space
construction is not allowed in areas with flood velocities greater
than five feet per second unless the design is reviewed by a qualified
design professional, such as a registered architect or professional
engineer;
b. The crawl space is an enclosed area below the BFE and, as such, must
have openings that equalize hydrostatic pressures by allowing for
the automatic entry and exit of floodwaters. For guidance on flood
openings, See FEMA Technical Bulletin 1-93;
c. Crawl space construction is not permitted in V zones. Open pile or
column foundations that withstand storm surge and wave forces are
required in V zones;
d. Portions of the building below the BFE must be constructed with materials
resistant to flood damage. This includes not only the foundation walls
of the crawl space used to elevate the building, but also any joists,
insulation, or other materials that extend below the BFE; and
e. Any building utility systems within the crawl space must be elevated
above BFE or designed so that floodwaters cannot enter or accumulate
within the system components during flood conditions.
f. Requirements for all below-grade crawl space construction, in addition
to the above requirements, to include the following:
1. The interior grade of a crawl space below the BFE must not be more
than 2 feet below the lowest adjacent exterior grade (LAG), shown
as D in figure 3 of Technical Bulletin 11-01;
2. The height of the below-grade crawl space, measured from the interior
grade of the crawl space to the top of the crawl space foundation
wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin
11-01) at any point;
3. There must be an adequate drainage system that removes floodwaters
from the interior area of the crawl space within a reasonable period
of time after a flood event, not to exceed 72 hours; and
4. The velocity of floodwaters at the site should not exceed five feet
per second for any crawl space. For velocities in excess of five feet
per second, other foundation types should be used.
(Ord. 06-737 § 1, 2006)
All manufactured homes in special flood hazard areas shall meet the anchoring standards in Section
15.68.160(A), construction materials and methods requirements in Section
15.68.160(B), flood openings requirements in Section 15.68.160(C)(3), and garages and low cost accessory structure standards in Section 15.68.160(C)(5).
Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Section
15.68.160(C).
A. All
manufactured homes that are placed or substantially improved, on sites
located: (1) in a new manufactured home park or subdivision; (2) in
an expansion to an existing manufactured home park or subdivision;
(3) or in an existing manufactured home park or subdivision on a site
upon which a manufactured home has incurred "substantial damage" as
the result of a flood shall:
1. Within
Zones A1-30, AH, and AE on the community'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.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section
15.68.190(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest
floor of the manufactured home is at or above the base flood elevation;
or
2. Manufactured
home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36
inches in height above grade.
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 community
building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
|
(Ord. 06-737 § 1, 2006)
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 of West Hollywood.
B. Within
an adopted regulatory floodway, the City of West Hollywood 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.
C. If Sections
15.68.210(A) and
(B) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section
15.68.160 through
15.68.210.
(Ord. 06-737 § 1, 2006)
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 of 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 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 Planning Commission 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 floodplain management regulations 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.
(Ord. 06-737 § 1, 2006)