This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city of Pico Rivera.
(Ord. 909 § 2, 1998)
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 July 6, 1998
and accompanying flood insurance rate maps (FIRMs) and all subsequent
amendments and/or revisions, are 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 council of the city of Pico
Rivera by the floodplain administrator. The study, FIRMs and FBFMs
are on file at the City Hall, City of Pico Rivera, 6615 Passons Boulevard,
Department of Public Works.
(Ord. 909 § 2, 1998)
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 misdemeanor. Nothing
herein shall prevent the city council from taking such lawful action
as is necessary to prevent or remedy any violation.
(Ord. 909 § 2, 1998)
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. 909 § 2, 1998)
In the interpretation and application of this chapter all provisions
shall be:
A.
Considered
as minimum requirements;
B.
Liberally
construed in favor of the city council; and
C.
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ord. 909 § 2, 1998)
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 Pico Rivera, 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. 909 § 2, 1998)
This chapter and the various parts thereof are 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.
(Ord. 909 § 2, 1998)
A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 15.50.420 of 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:
A.
Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures and the elevation of highest adjacent
grade; or
B.
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 15.50.525(C) of this chapter; and
C.
All appropriate certifications listed in Section 15.50.505(D) of this chapter; and
D.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(Ord. 909 § 2, 1998)
The director of public works is appointed to administer, implement,
and enforce this chapter by granting or denying development permits
in accord with its provisions.
(Ord. 909 § 2, 1998)
The duties and responsibilities of the floodplain administrator
shall include, but not be limited to the following:
A.
Permit
Review. Review all development permits to determine that:
1.
Permit
requirements of this chapter have been satisfied;
2.
All
other required state and federal permits have been obtained;
3.
The
site is reasonably safe from flooding; and
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. For purposes of this chapter, "adversely
affects" means 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.
B.
Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.50.420 of 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 Article IV of this chapter. Any such information shall be submitted to the city council for adoption.
C.
Notification
of Other Agencies. In alteration or relocation of a watercourse:
1.
Notify
adjacent communities and the California Department of Water Resources
prior to alteration or relocation;
2.
Submit
evidence of such notification to the Federal Insurance Administration,
Federal Emergency Management Agency; and
3.
Assure
that the flood carrying capacity within the altered or relocated portion
of said watercourse is maintained.
D.
Documentation
of Floodplain Development. Obtain and maintain for public inspection
and make available as needed the following:
1.
Certification required by Section 15.50.525(C)(1) of this chapter (lowest floor elevations);
2.
Certification required by Section 15.50.525(C)(2) of this chapter (elevation or floodproofing of nonresidential structures);
3.
Certification required by Sections 15.50.525(C)(3) (wet floodproofing standard);
E.
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 15.50.560 of this chapter.
F.
Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.50.430 of this chapter.
G.
AR
Zone Duties.
1.
Use
the adopted official map or legal description of those designated
developed areas within zone AR, as defined in Article II of this chapter
to determine if a proposed project is in a developed area;
2.
Determine
the base flood elevation to be used for individual projects, all of
which will be within developed areas, and areas not designated as
developed areas;
3.
Require
the applicable standards;
4.
Provide
written notification to the permit applicant that the area has been
designated as an AR zone and the structure be elevated or protected.
(Ord. 909 § 2, 1998)
The city council of the city of Pico Rivera 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. 909 § 2, 1998)
