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 Malibu of Los Angeles County does hereby
adopt the following floodplain management regulations.
(Ord. 481 § 1, 2021)
A.
The
flood hazard areas of the city are subject to periodic inundation
which can result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety,
and general welfare.
B.
These
flood losses can be caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect
of obstructions in areas of special flood hazards which increase flood
heights and velocities can also contribute to the flood loss.
(Ord. 481 § 1, 2021)
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:
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 and property owners are notified that property
is in an area of special flood hazard; and
H.
Ensure
that those who occupy areas of special flood hazard assume responsibility
for their actions.
(Ord. 481 § 1, 2021)
In order to accomplish its purposes, this chapter includes methods
and provisions 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 flood waters;
D.
Control
filling, grading, dredging, and other development which may increase
flood damage; and
E.
Prevent
or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas.
(Ord. 481 § 1, 2021)
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 a structure that is either:
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
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.
is the land within a community which is most likely to be
subject to severe flood-related erosion losses. The area may be designated
as Zone E on the Flood Insurance Rate Map (FIRM).
See "Special flood hazard area."
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "100 year flood") based
on a clear flow. "Base flood" is the term used throughout this chapter.
means any area of the building having its floor subgrade,
i.e., below ground level on all sides.
are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which is not part of the structural support
of the building and which is designed to break away under abnormally
high tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any buildings
to which they might be carried by flood waters. A breakaway wall shall
have a safe design loading resistance of not less than 10 and no more
than 20 pounds per square foot. Use of breakaway walls must be certified
by a registered engineer or architect and shall meet the following
conditions:
See "Structure."
means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms
or seismic sources. It is an area subject to high velocity waters,
including coastal and tidal inundation or tsunamis. The area is designated
on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.
means any manmade 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 plot plan, site plan or conditional use permit.
means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a floodplain which may impede or alter the flow capacity of a floodplain.
means a mobilehome or 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
March 28, 1994.
means the preparation of additional sites in an existing
park by the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads).
means:
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from
any source; and/or mudslides; and
The condition resulting from flood-related erosion, see "Flood-related
erosion."
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate
Map, the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
means 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 planning and zoning regulations, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other applications of police
power which control development in flood-prone areas. This term describes
federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
means the collapse or subsidence of land along the beach
or the shore of a lake or other body of water as a result of undermining
caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as a flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results
in flooding.
means a land area adjoining the beach or the shore of a lake
or other body of water, which due to the composition of the shoreline
or bank and high water levels or wind-driven currents, is likely to
suffer flood-related erosion damage.
means the operation of an overall program of corrective and
preventive measures for reducing flood-related erosion damage, including,
but not limited to, emergency preparedness plans, flood-related erosion
control works, and floodplain management regulations.
as related to Sections 15.20.180 through 15.20.200, variances, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, 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.
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long-term storage
or related manufacturing facilities.
is the city council of the city of Malibu.
as related to Sections 15.20.180 through 15.20.200, variances, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All 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.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic presentation 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 manmade 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.
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.
means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area (see "Basement") is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
of this chapter. (Note: This definition allows attached garages to
be built at grade. Below grade garages are not allowed as they are
considered to be basements.)
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.
means for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
means structures for which the start of construction commenced
on or after March 28, 1994 and includes any subsequent improvements
to such structures.
means a mobilehome or 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 March 28, 1994.
does not include caissons or pilings, but includes, but is
not limited to, any dam, wall, wharf, embankment, levee, dike, abutment,
protection, excavation, channelization, bridge, conduit, culvert,
building, 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."
means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and overtopping
from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there
is a distinct change from a relatively mild slope.
means a structure used for the principal use of the property
on which it is located.
as related to Sections 15.20.180 through 15.20.200, variances, 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.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
See "Area of shallow flooding."
means an area having special flood, mudslide (i.e., mudflow),
or flood-related erosion hazards, and shown on a FIRM as Zone A, AO,
A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.
means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is 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 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" 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 50% 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 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 building official and which are
the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure; provided, that the alteration
will not preclude the structure's continued designation as a historic
structure.
means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited
by this chapter.
See "Coastal high hazard area."
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.
means the height, in relation to the National Geodetic Vertical
Datum 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.
(Ord. 481 § 1, 2021)
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the city.
A.
Basis
for Establishing Areas of Special Flood Hazard. The areas of special
flood hazard identified by the Federal Emergency Management Agency
(FEMA) in the Los Angeles County 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
and which are recommended to the city council by the floodplain administrator.
The FIS and FIRMs are on file at City Hall, public works department.
B.
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
of this chapter (including violations of conditions and safeguards
established in connection with conditions of permits issued hereunder)
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.
C.
Applicability.
This chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
and another chapter, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall
prevail.
E.
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 manmade or natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the city, any officer or
employee thereof, the state of California, or the Federal Insurance
Administration, Federal Emergency Management Agency, for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made hereunder.
F.
Severability.
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 the chapter as a whole, or any portion thereof other than the section
so declared to be unconstitutional or invalid.
(Ord. 481 § 1, 2021)
A development permit is obtained before any construction or other development begins within any area of special flood hazard established in Section 15.20.050. 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 in Zones AE, AO, Approximate A, and VE,
elevation of highest adjacent grade and proposed elevation of lowest
floor, including basement, of all structures; or
B.
Proposed
elevation in relation to mean sea level to which any structure will
be floodproofed, if required in Section 15.20.100(C)(3); and
C.
All appropriate certifications listed in Section 15.20.100(C) of this chapter; and
D.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
E.
For a crawl-space foundation, location and total net area of flood vent foundation openings as required in Section 15.20.100 of this chapter.
F.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(Ord. 481 § 1, 2021)
The public works director shall administer, implement, and enforce
this chapter by granting or denying development permits in accord
with its provisions.
(Ord. 481 § 1, 2021)
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 including determination
of substantial improvement and substantial damage of existing structures;
2.
All
other required state and federal permits have been obtained;
3.
The
site is reasonably safe from flooding;
4.
The
proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. This means that the cumulative effect of
the proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point within the city
of Malibu; and
5.
All
letters of map revision (LOMRs) flood control projects are approved
prior to 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 and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.20.050(B), 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 Section 15.20.060. Any such information shall be submitted to the city council for adoption prior to its use.
D.
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;
3.
Assure
that the flood-carrying capacity within the altered or relocated portion
of the watercourse is maintained;
4.
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.
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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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5.
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 15.20.100(C)(1) (lowest floor elevations);
2.
Certification
required by Section 15.20.100(C)(2) (elevation or floodproofing of
nonresidential structures);
3.
Certification
required by Section 15.20.100(C)(3) (wet floodproofing standard);
4.
Certification of elevation required by Section 15.20.120(B) (subdivision standards);
5.
Certification required by Section 15.20.175(B) (floodway encroachments);
6.
Information required by Section 15.20.150(F) (coastal construction standards); and
8.
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 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 Sections 15.20.180 through 15.20.200.
G.
Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.20.050(B).
(Ord. 481 § 1, 2021)
The city council 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. 481 § 1, 2021)
In all areas of special flood hazards the following standards
are required:
A.
Anchoring.
1.
All
new construction and substantial improvements 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 improvement
shall be constructed:
1.
With
materials and utility equipment resistant to flood damage;
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 if
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. (See Section 15.20.040, definitions for "new construction," "substantial damage" and "substantial improvement.")
1.
Residential
construction, new or substantial improvement, shall have the lowest
floor, including basement.
a.
In an AO zone, the lowest floor including basement shall be elevated
above the highest adjacent grade to a height equal to or exceeding
the depth number specified in feet on the FIRM by at least one foot,
or elevated at least three feet above the highest adjacent grade if
no depth number is specified;
b.
In a VE zone, the lowest horizontal support member shall be elevated
to at least one foot above the base flood elevation, shown on the
effective FIRM;
c.
In all other zones, including Zone AE and the Unnumbered/Approximate
Zone A, the lowest floor including basement shall be elevated to at
least one foot above the base flood elevation shown on the effective
FIRM.
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Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered professional
engineer or surveyor, or verified by the building official to be properly
elevated. Such certification or verification shall be provided to
the floodplain administrator.
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2.
Nonresidential
construction shall either be elevated to conform with subsection (C)(1)
of this section or, together with attendant utility and sanitary facilities:
a.
Be floodproofed below the elevation recommended under subsection
(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 professional civil engineer or architect
that the standards of this subsection are satisfied. Such certification
shall be provided to the floodplain administrator.
3.
All
new construction and substantial improvement 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 exceed the
following minimum criteria:
a.
Be certified by a registered professional civil engineer or architect;
b.
Be certified to comply with a local floodproofing standard approved
by the Federal Insurance Administration, Federal Emergency Management
Agency; or
c.
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. The bottom of all openings shall
be no higher than one foot above adjacent natural 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.
(Ord. 481 § 1, 2021)
A.
"Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 15.20.040 may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
1.
Use
of the accessory structure must be limited to parking or limited storage;
2.
The
portions of the accessory structure located below the BFE must be
built using flood-resistant materials;
3.
The
accessory structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
4.
Any
mechanical and utility equipment in the accessory structure must be
elevated or floodproofed to or above the BFE;
5.
The
accessory structure must comply with floodplain encroachment provisions
in Section 15.20.15; and
(Ord. 481 § 1, 2021)
B.
On-site
waste disposal systems shall be located to avoid impairment to them,
or contamination from them during flooding.
(Ord. 481 § 1, 2021)
A.
All
preliminary subdivision proposals shall identify the special flood
hazard area and the elevation of the base flood.
B.
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, pad elevations, and lowest adjacent grade shall
be certified by a registered professional engineer or surveyor and
provided to the floodplain administrator.
C.
All
subdivision proposals shall be consistent with the need to minimize
flood damage.
D.
All
subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
E.
All
subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
(Ord. 481 § 1, 2021)
A.
All
manufactured homes and mobilehomes that are placed or substantially
improved, within Zones A1-30, AH, AE, and VE on the city's Flood Insurance
Rate Map, on sites located:
1.
Outside
of a manufactured home or mobilehome park or subdivision;
2.
In
a new manufactured home or mobilehome park or subdivision;
3.
In
an expansion to an existing manufactured home or mobilehome park or
subdivision; or
4.
In
an existing manufactured home or mobilehome park or subdivision on
a site upon which a manufactured home or mobilehome has incurred substantial
damage as the result of a flood; shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home or
mobilehome is elevated to at least one foot above the base flood elevation
and be securely anchored to an adequately anchored foundation system
to resist flotation collapse and lateral movement.
C.
All manufactured homes or mobilehomes to be placed or substantially improved on sites in an existing manufactured home or mobilehome park or subdivision within Zones A1-30, AR, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection A of this section will be elevated so that either the:
1.
Lowest
floor of the manufactured home or mobilehome is at least one foot
above the base flood elevation; or
2.
Manufactured
home or mobilehome 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 and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
(Ord. 481 § 1, 2021)
A.
All
recreational vehicles placed on sites within Zones Al-30, AH, AE,
and VE on the city's Flood Insurance Rate Map will either:
1.
Be
on the site for fewer than 180 consecutive days;
2.
Be
fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions; or
3.
Meet the permit requirements of Sections 15.20.060 through 15.20.090 of this chapter and the elevation and anchoring requirements for manufactured homes or mobilehomes in Section 15.20.130(A).
(Ord. 481 § 1, 2021)
Within coastal high hazard areas, Zone VE, as established under Section 15.20.050(A), the following standards shall apply.
A.
All
new construction and substantial improvement shall be elevated on
adequately anchored pilings or columns and securely anchored to such
pilings or columns so that the lowest horizontal portion of the structural
members of the lowest floor (excluding the pilings or columns) is
elevated to or above the base flood level. The pile or column foundation
and structure attached thereto is anchored to resist flotation, collapse,
and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used
shall be those associated with the base flood. Wind loading values
used shall be those required by the building code.
B.
All
new construction and substantial improvement shall be located on the
landward side of the average mean high tide line.
C.
All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.20.040 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
D.
Fill
shall not be used for structural support of buildings.
E.
Manmade
alteration of sand dunes which would increase potential flood damage
is prohibited.
F.
The
floodplain administrator shall obtain and maintain the following records:
1.
Certification by a registered engineer or architect that a proposed structure complies with Section 15.20.160(A);
2.
The
elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings or columns)
of all new and substantially improved structures, and whether such
structures contain a basement.
(Ord. 481 § 1, 2021)
A.
The
floodplain administrator shall review permits for proposed construction
or other development to determine if it is proposed within a mudslide
area.
B.
Permits
shall be reviewed to determine that the proposed site and improvement
will be reasonably safe from mudslide hazards. Factors to be considered
in making this determination include, but are not limited to, the:
C.
Within
areas which may have mudslide hazards, the floodplain administrator
shall require that:
1.
A
site investigation and further review be made by persons qualified
in geology and soils engineering;
2.
The
proposed grading, excavation, new construction, and substantial improvement
be adequately designed and protected against mudslide damages;
3.
The
proposed grading, excavations, new construction, and substantial improvement
not aggravate the existing hazard by creating either on-site or off-site
disturbances; and
4.
Drainage,
planting, watering, and maintenance not endanger slope stability.
(Ord. 481 § 1, 2021)
A.
The
floodplain administrator shall require permits for proposed construction
and other development within all flood-related erosion-prone areas
as known to the city.
B.
Permit
applications shall be reviewed to determine whether the proposed site
alterations and improvements will be reasonably safe from flood-related
erosion and will not cause flood-related erosion hazards or otherwise
aggravate the existing hazard.
C.
If
a proposed improvement is found to be in the path of flood-related
erosion or would increase the erosion hazard, such improvement shall
be relocated or adequate protective measures shall be taken to avoid
aggravating the existing erosion hazard.
D.
Within
Zone E on the Flood Insurance Rate Map, a setback is required for
all new development from the ocean, lake, bay, riverfront or other
body of water to create a safety buffer consisting of a natural vegetative
or contour strip. This buffer shall be designated according to the
flood-related erosion hazard and erosion rate, in relation to the
anticipated useful life of structures, and depending upon the geologic,
hydrologic, topographic, and climactic characteristics of the land.
The buffer may be used for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife habitat areas,
and for other activities using temporary and portable structures only.
(Ord. 481 § 1, 2021)
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 an Approximate/Unnumbered Zone A and in 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 Malibu.
B.
Within
an adopted regulatory floodway, the city of Malibu 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.
(Ord. 481 § 1, 2021)
The variance criteria set forth in this section of the 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 city council 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 this chapter are quite rare.
(Ord. 481 § 1, 2021)
A.
In
passing upon requests for variances, the city council shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and the:
1.
Danger
that materials may be swept onto other lands to the injury of others;
2.
Danger
of life and property due to flooding or erosion damage;
3.
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;
4.
Importance
of the services provided by the proposed facility to the city;
5.
Necessity
to the facility of a waterfront location, where applicable;
6.
Availability
of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
7.
Compatibility
of the proposed use with existing and anticipated development;
8.
Relationship
of the proposed use to the comprehensive plan and floodplain management
program for that area;
9.
Safety
of access to the property in time of flood for ordinary and emergency
vehicles;
10.
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
11.
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.
B.
Any
applicant to whom a variance is granted shall be given written notice
over the signature of the floodplain administrator that:
1.
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
2.
Such
construction below the base flood level increases risks to life and
property. A copy of the notice shall be recorded by the floodplain
administrator in the office of the registrar recorder of Los Angeles
County and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
C.
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.
(Ord. 481 § 1, 2021)
A.
Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.20.060 to 15.20.090 and Sections 15.20.100 to 15.20.180 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15.20.040 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C.
Variances
shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
D.
Variances
shall only be issued upon a determination that the variance is the
minimum necessary considering the flood hazard, to afford relief.
"Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this chapter. For example, in the case of
variances to an elevation requirement, this means the city council
need not grant permission for the applicant to build at grade, or
even to whatever elevation the applicant proposes, but only to that
elevation which the city council believes will both provide relief
and preserve the integrity of this chapter.
E.
Variances
shall only be issued upon a:
1.
Showing
of good and sufficient cause pertaining to unusual characteristics
of the property;
2.
Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 15.20.040 of this chapter) to the applicant; and
3.
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 (as defined in Section 15.20.040, see "Public safety or nuisance"), cause fraud or victimization (as defined in Section 15.20.040) of the public, or conflict with existing local laws or ordinances.
F.
Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A through E 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.
G.
Upon
consideration of the factors and purposes of this chapter, the city
council may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this chapter.
(Ord. 481 § 1, 2021)
