The following regulations apply to all properties in the area of special flood hazard within the City of Lakewood designated by FEMA as the AR Zone.
Unless specifically defined below, words or phrases used in the following subsection shall be interpreted so as to give them the meaning they have in common usage as to give the Floodplain Management Regulations reasonable application.
Means a request for a review of the Floodplain Administrator's interpretation of any provision of this Regulation.
See Special Flood Hazard Area.
Means a special flood hazard area that results from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide a 100-year or greater level of flood protection.
Means a designated AR (with base flood depth), 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 flow is characterized by ponding or sheet flow.
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.
Means any area of the building having its floor subgrade i.e., below ground level on all sides.
See Structure.
Means the City of Lakewood.
Means an area of a community that is:
A primarily urbanized, built-up area that is minimum of 20 contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential and commercial activities, and
Within which 75 percent or more of the parcels, tracts, or lots contain commercial, industrial or residential structures or uses; or
Is a single parcel, tract or lot in which 75 percent of the area contains existing commercial or industrial structures or uses; or
Is a subdivision developed at a density of at least two residential structures per acre within 75 percent or more of the lots contain existing residential structures.
Undeveloped parcels, tracts or lots, the combination of which is less than 20 acres and contiguous on at least 3 sides to areas meeting the criteria of Paragraph A.
A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual "start of construction" of structures has occurred on at least:
Ten percent (10%) of the lots or remaining lots of a subdivision or
Ten percent (10%) of the maximum building coverage or remaining building coverage allowed for a single lot subdivision and construction of structures is underway. Residential subdivisions must meet the density criteria in Paragraph A.3.
Per the above definition, all of the land within the corporate limits of the City of Lakewood is a "developed area" for the following reasons:
The City of Lakewood is a fully urbanized, built up area that is 6,108.32 contiguous acres in area, has basic infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential and commercial activities, and within which less than 0.5% of the land is vacant and undeveloped.
There are no undeveloped/vacant parcels, tracts or lots within the City, that are 20 acres or greater in area. Nor are there undeveloped/vacant parcels, tracts or lots contiguous to each other that equal or exceed 20 acres in area. In addition, all undeveloped/vacant parcels, tracts, or lots within the City are contiguous on at least three sides to areas meeting the criteria of Paragraph A above.
Means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Means 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 general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
The condition resulting from flood-related erosion.
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, and the water surface elevation of the base flood.
Means any land area designated Zone A and AR.
Is the duly appointed and acting Director of Community Development.
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 ordinance.
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.
As related in the Variance Procedure, of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Planning and Environment 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.
Is the City Council of the City of Lakewood.
As related in the Variance Procedure, of this Regulation means the exceptional hardship that would result from a failure to grant the requested variance. Said variance shall 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 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.
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 (see "Basement" definition).
An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
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, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
For floodplain management purposes, means new freestanding structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
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.
Or 100-year flood see "Base Flood."
As related in the Variance Procedure, of this Regulation means that the granting of a variance shall not result in anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
Means a vehicle which is:
Built on a single chassis;
400 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 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 the Regulation or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
Means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
See Area of Shallow Flooding.
Means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the FIRM for Lakewood as Zones A and AR.
Includes proposed new development and means the date the building permit was issued, provided the actual start of construction was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
Means a grant of relief from the requirements of this Regulation which permits construction in a manner that would otherwise be prohibited by this Regulation.
Means the failure of a structure or other development to be fully compliant with this Regulation. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Regulation is presumed to be in violation until such time as that documentation is provided.
Means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
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.
The following general provisions are applicable to the flood plain management regulations:
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 Map (FIRM), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this Regulation and which are recommended to the City Council by the Floodplain Administrator. The study and FIRM are on file in the office of the City Clerk and the Community Development Department located at Lakewood City Hall, 5050 Clark Avenue, Lakewood, California.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this Regulation 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 from taking such lawful action as is necessary to prevent or remedy any violation.
The degree of flood protection required by this Regulation 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 Ordinance 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 Ordinance shall not create liability on the part of the City of Lakewood, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any food damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.
A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 8032.1. 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 Zone AR (with base flood depth), elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or
B.
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 8034.1.C.3; and
C.
All appropriate certifications listed in Section 8033.2.D. of this Regulation; and
D.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Director of Community Development is hereby appointed to administer, implement and enforce this Regulation by granting or denying development permits in accord with its provisions.
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 Regulation 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 Regulation, "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 8032.1, 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 8034. 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 8034.1.C. l (lowest floor elevations),
2.
Certification required by Section 8034.1.C.2 (elevation or floodproofing of nonresidential structures),
3.
Certification required by Section 8034.1.C.3 (wet floodproofing standard),
4.
Certification of elevation required by Section 9222.7.B. (subdivision standards).
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 the Variance Procedures.
F.
Remedial Action. Take action to remedy violations of this Ordinance as specified in Section 8032.2.
G.
AR Zone Duties.
1.
A determination has already been made, pursuant to Section 8031.9.D, that all areas within Zone AR, as well as within the corporate boundaries of the City, are "developed areas." Consequently, only Zone AR regulations pertaining to developed areas are applicable to development within the City of Lakewood.
2.
Determine the base flood elevation to be used for individual projects, by referring to Section 8034.1.C.
3.
Require the applicable standards in 8034.
The following general provisions are applicable for flood hazard reduction.
In all areas of special flood hazards the following standards are required:
A.
Anchoring.
B.
Construction Materials and Methods. All new construction 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;
4.
Within Zone AR (with base flood depth) so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from the proposed structures.
C.
Elevation and Floodproofing. (See definitions for "basement," "lowest floor," and "new construction.")
1.
New residential construction, including manufactured homes, shall meet the standards of Section 8034 and shall have the lowest floor, including basement, elevated as follows:
(a)
In the AR (with base flood depth) 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.
(b)
In the AR Zone, elevated using the lower of either the AR base flood elevation or the elevation that is 3 feet above the highest adjacent grade.
(c)
New manufactured homes shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement and be elevated so that either:
(1)
The lowest floor of the manufactured home meets the elevation requirements provided in (a) or (b) above; or
(2)
The manufactured home chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are not 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 professional engineer or surveyor, and verified by a City building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
2.
New nonresidential construction shall either be elevated to conform with Section 8034.1.C.1 or together with attendant utility and sanitary facilities:
(a)
Be floodproofed below the elevation recommended under Section 8034.1.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 engineer or architect that the standards of this Section 8034.1.C.2 are satisfied. Such certification shall be provided to the Floodplain Administrator.
3.
All new construction with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall exceed the following minimum criteria:
(a)
Be certified by a registered professional engineer or architect; or
(b)
Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
4.
A flood Zone A designation has been given by FEMA to the San Gabriel River a man-made, concrete-lined flood control channel owned and maintained by Los Angeles County. There are currently no buildings or structures, as defined by these regulations, located within Zone A. Further, no buildings or structures, as defined in these regulations, shall be constructed in Zone A. The only improvements that shall be permitted in said Zone A shall be those necessary for the continued maintenance of the flood control channel.
Variance from the provisions of this Ordinance shall be as follows:
The variance criteria set forth in this section of the Regulation 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 Regulation 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.
The City Council hereby finds and determines that a variance should be granted only where the physical characteristics of a parcel or property are so unusual that complying with the requirements of these Regulations would create an exceptional hardship to the applicant or the surrounding property owners. Because of the need to protect this City and its property owners from flooding, and, therefore, granting a variance only in an unusual case, the following criteria shall be applied in determining whether a variance from the terms and provisions of this Regulation should be granted.
The Planning and Environment Commission of the City of Lakewood shall hear all applications for a variance from the terms and provisions of this Regulation. The application shall be on a form approved by the Director of Community Development and accompanied by a Floodplain Management Regulation Variance fee established by the City Council. The Planning and Environment Commission shall consider the application at a public hearing held on notice in the same time and manner required for public hearings before the Planning and Environment Commission for variances from the terms and provisions of the Zoning Ordinance.
In passing upon requests for variances, the Planning and Environment Commission shall, in addition, consider the following:
A.
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 Regulation. For example, in the case of variances to an elevation requirement, the Planning and Environment Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Planning and Environment Commission believes will both provide relief and preserve the integrity of the local ordinance.
B.
Variances shall only be issued upon a:
1.
Showing of good and sufficient case;
2.
Determination that failure to grant the variance would result in exceptional "hardship" as defined in 8031.22; 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 8031.32, cause fraud or victimization (as defined in 8031.20) of the public, or conflict with existing local laws or ordinances.
C.
The following additional relevant factors:
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 community;
5.
Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
6.
Compatibility of the proposed use with existing and anticipated development;
7.
Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8.
Safety of access to the property in time of flood for ordinary and emergency vehicles;
9.
Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
10.
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.
D.
Any applicant to whom a variance is granted shall be given written notice over the signature of the Director of Community Development and shall include notification 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 coverage, and
2.
Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
E.
In the granting of any variance, the Planning and Environment Commission may impose such additional conditions necessary in order to protect the public health, safety and welfare.
The Planning and Environment Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this Regulation.
Any person aggrieved by the decision of the Planning and Environment Commission pertaining to any matter referred to it under this Ordinance may appeal said decision to the City Council for a public hearing pursuant to the same fee requirements, time requirements and notice requirements provided in the Zoning Ordinance for appeals to the City Council from the decision of the Planning and Environment Commission.