The Legislature of the State of California has, by passage of Government Code Section 65300 et seq., and Government Code Section 65800 et seq., conferred upon local governments the authority to adopt planning, zoning and development regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Covina does hereby adopt the following floodplain management regulations.
(Ord. 08-1954 § 1, 2008)
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 areas of special flood hazard 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 those who occupy areas of special flood hazard assume responsibility for their actions;
H. 
Ensure that those who propose to build or develop within areas of special flood hazard do so with foreknowledge of the potential risks and additional regulatory requirements associated with the proposed development.
(Ord. 08-1954 § 1, 2008)
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.
A. 
"Area of special flood hazard"
means the land within the city of Covina subject to a one percent or greater chance of flooding in any given year.
B. 
"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.
C. 
"Development"
means any manmade change to improved or unimproved real estate, including but not limited to structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
D. 
"Flood" or "flooding"
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; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
2. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition.
E. 
"Floodplain administrator"
means the city engineer, or designee thereof, appointed to administer and enforce this chapter and any other floodplain management regulations.
F. 
"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.
G. 
"Floodplain management regulations"
means this chapter and any other zoning ordinances, subdivision regulations, building codes, health regulations, or special purpose ordinances (such as grading and erosion control) which control development in areas of special flood hazard. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
H. 
"Historic structure"
means any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the United States 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 the inventory of historic places by the state of California; or
4. 
Individually listed on the inventory of historic places by the city of Covina, or any other local agency with jurisdiction over the structure.
I. 
"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.
J. 
"Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
K. 
"New construction"
means, for floodplain management purposes, newly built structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter, and includes any subsequent improvements to such structures.
L. 
"Recreational vehicle"
means a vehicle which is:
1. 
Built on a single chassis;
2. 
Four hundred 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.
M. 
"Start of construction"
means the date the building permit was issued for any new construction or substantial improvement, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit's issuance.
N. 
"Structure"
means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
O. 
"Substantial damage"
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its prior condition would equal or exceed 50 percent of the fair market value of the structure before the damage occurred.
P. 
"Subsequent improvement"
means any proposed addition, expansion, alteration, repair or rehabilitation of an existing structure for which the cost of which is less than 50 percent of the fair market value of the structure before the start of the construction of the improvement. 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 a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a historic structure.
Q. 
"Substantial improvement"
means (1) any reconstruction or rehabilitation of structures that have suffered substantial damage, regardless of the ultimate cost of the improvement or (2) any proposed addition, expansion or alteration of an existing structure that has not suffered substantial damage, but the cost of which equals or exceeds 50 percent of the fair market value of the structure before the start of construction of the improvement. 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 a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a historic structure.
(Ord. 08-1954 § 1, 2008)
A. 
This chapter shall apply to all properties within the jurisdiction of the city of Covina.
B. 
The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from the federal government, from the state of California, or from any other source to identify areas of special flood hazard within the jurisdiction of the city of Covina. This data shall be maintained on file with the Department of Public Works, 534 N. Barranca Avenue, Covina, California 91723, or at such future address where the department of public works may be located.
C. 
No structure shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable floodplain management regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with said requirements) shall constitute a misdemeanor. Nothing herein shall prevent the city of Covina from taking such lawful action as is necessary to prevent or remedy any violation.
D. 
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.
E. 
For purposes of interpreting and applying this chapter, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the city of Covina; and
3. 
Deemed neither to limit nor repeal any other powers granted to the city under state or federal law.
F. 
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 of areas of special flood hazard or uses permitted within areas of special flood hazard will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Covina, the city council, nor any elected or appointed officer or employee thereof, the state of California, or the federal government, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 08-1954 § 1, 2008)
For all new construction, substantial improvements, proposed subdivisions and all other proposed new developments, including manufactured homes and manufactured home parks, the floodplain administrator shall review all building permits and development entitlements to determine whether such new construction, substantial improvement, proposed subdivision or other proposed new development is located within an area of special flood hazard. If such new construction or substantial improvement is located within an area of special flood hazard, the floodplain administrator shall ensure that:
A. 
All requirements of this chapter and related floodplain management regulations have been satisfied;
B. 
All necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; and
C. 
The site is reasonably safe from flooding in order to allow the new construction or substantial improvement.
(Ord. 08-1954 § 1, 2008)
A. 
Standards for Construction. If a proposed building site is in an area of special flood hazard, all new construction and substantial improvements, including manufactured homes, shall:
1. 
Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. 
Be constructed:
a. 
With materials and utility equipment resistant to flood damage;
b. 
Using methods and practices that minimize flood damage;
c. 
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.
B. 
Standards for Subdivisions or Other Proposed Development. If a subdivision proposal or other proposed development, including a manufactured home park, is in an area of special flood hazard, any such proposal shall be reviewed by the floodplain administrator to assure that:
1. 
It is consistent with the need to minimize flood damage within the area of special flood hazard;
2. 
All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
3. 
Adequate drainage is provided to reduce exposure to flood hazards.
C. 
Standards for Utilities.
1. 
All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
a. 
Infiltration of flood waters into the systems; and
b. 
Discharge from the systems into flood waters.
2. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Ord. 08-1954 § 1, 2008)