HomeMy WebLinkAboutOrdinance No. 06-O80
ORDINANCE NO. 06-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL
CODE TO ADD ARTICLE XVI REGARDING FLOODPLAIN
MANAGEMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Article XVI of Chapter 14 is hereby added to the Azusa Municipal
Code to read as follows:
"ARTICLE XVI FLOODPLAIN MANAGEMENT REGULATIONS
DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
METHODS
Sec. 14-525 Statutory authorization.
Sec. 14-526 Findings of fact.
Sec. 14-527 Statement of purpose.
Sec. 14-528 Methods of reducing flood losses.
DIVISION 2. DEFINITIONS
Sec. 14-529 Definitions.
DIVISION 3. GENERAL PROVISIONS
Sec.
14-530
Lands to which this article applies.
Sec.
14-531
Basis for establishing the areas of special flood hazard.
Sec.
14-532
Compliance.
Sec.
14-533
Abrogation and greater restrictions.
Sec.
14-534
Interpretation.
Sec.
14-535
Warning and disclaimer of liability.
DIVISION 4. ADMINISTRATION
Sec. 14-536 Designation of the Floodplain Administrator.
Sec. 14-537 Duties and responsibilities of the Floodplain Administrator.
Sec. 14-538 Development permit.
Sec. 14-539 Appeals.
DIVISION 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
Sec. 14-540 Standards of construction.
Sec. 14-541 Standards for utilities.
Sec. 14-542 Standards for subdivisions and other proposed
1
development.
Sec. 14-543 Standards for manufactured homes within manufactured
home parks or subdivisions.
Sec. 14-544 Standards for recreational vehicles.
Sec. 14-545 Floodways.
Sec. 14-546 Mudslide (i.e., mudflow) prone areas.
DIVISION 6. VARIANCE PROCEDURE.
Sec. 14-547 Nature of variances.
Sec. 14-548 Conditions for variances.
Sec. 14-549 Appeal board.
DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
METHODS
Sec. 14-525. Statutory authorization.
The Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local government units 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 Azusa does hereby adopt the following
floodplain management regulations.
Sec. 14-526. Findings of fact.
A. The flood hazard areas of the city are subject to periodic inundation which results
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 are caused by uses that are inadequately elevated, flood
proofed, or protected from flood damage. The cumulative effect of obstructions in areas
of special flood hazards which increase flood heights and velocities also contribute to
flood losses.
Sec. 14-527. Statement of purpose.
It is the purpose of this article to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
legally enforceable regulations applied uniformly throughout the community to all
publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood
related erosion areas. These regulations are designed to:
A. Protect human life and health;
2
0
0
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone and sewer lines; and streets and bridges located in
areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Sec. 14-528. Methods of Reducing Flood Losses.
In order to accomplish its purposes, this article 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 floodwaters;
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 floodwaters or which may increase flood hazards in other areas.
F. These regulations take precedence over any less restrictive conflicting
local laws, ordinances and codes.
3
DIVISION 2. DEFINITIONS
Sec. 14-529. Definitions.
Unless specifically defined below, words or phrases used in this article shall be
interpreted so as to give them the meaning they have in common usage and to give this
article its most reasonable application.
"A zone" - see "Special flood hazard area".
"Accessory structure, low-cost and small" means a structure that is:
1. Solely for the parking of no more than 2 cars; or limited storage (small, low cost
sheds); and
2. Any building exempted from a permit as described in Section 106.2 of the 2001
California Building Code.
"Accessory use" means a use which is incidental and subordinate to the principal use
of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain
slopes, transported by flood flows, and then deposited on the valley floors, and which is
subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation
of any provision of this article.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
"Area of special flood hazard" - See "Special flood hazard area."
"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 article.
4
•
'Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate
Map for Zones AE, AH, Al -30, VE and V1 -V30 that indicates the water surface
elevation resulting from a flood that has a 1 -percent or greater chance of being equaled
or exceeded in any given year.
'Basement' means any area of the building having its floor subgrade - i.e., below
ground level - on all sides.
"Building" - see "Structure".
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before August 22, 2006.
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (i.e.,
mudflows); and
2. The condition resulting from flood -related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
5
0 0
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated
by water from any source - see "Flooding."
"Floodplain Administrator" is the community official designated by title to administer
and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this article and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances (such as grading and erosion control) and other application of police power
which control development in flood -prone areas. This term describes federal, state or
local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins
TB 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge.the base flood without cumulatively
increasing the water surface elevation more than one foot. Also referred to as
"Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the 'Regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Division 6 of this article, 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
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.
2
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
long-term storage or related manufacturing facilities.
"Governing body" is the City Council of the City of Azusa.
"Hardship" as related to Division 6 of this article means the exceptional hardship that
would result from a failure to grant the requested variance. The City Council requires
that the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these
problems can be resolved through other means without granting a variance, even if the
alternative is more expensive, or requires the property owner to build elsewhere or put
the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National
Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
7
0 0
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see "Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor provided it conforms to
applicable non -elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 14-540.C.3;
b. The anchoring standards in Section 14-540.A;
c. The construction materials and methods standards in Section 14-540.1.13;
and
d. The standards for utilities in Section 14-541.
2. 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.
"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".
"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.
"Market value" is defined in the City of Azusa substantial damage/improvement
procedures. See Section 14-537.13.1.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
(NAVD) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
"New construction", for floodplain management purposes, means structures for which
the "start of construction" commenced on or after the effective date of this article, and
includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of this article.
M
0 0
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
"One -hundred -year flood" or -"l 00 -year flood" - see "Base flood."
"Program deficiency" means a defect in a community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
"Public safety and nuisance" as related to Division 6 of this article, means that the
granting of a variance must not result in anything which is injurious to safety or health of
an entire community or neighborhood, or any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
"Remedy a violation" means to bring the structure or other development into
compliance with State or local floodplain management regulations, or if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing State or Federal financial exposure with
regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Sheet flow area" - see "Area of shallow flooding."
41
0 0
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1
percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, Al -A30, AE, A99, or, AH.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufacture home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost.of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this article which permits
construction in a manner that would otherwise be prohibited by this article.
10
0 0
"Violation" means the failure of a structure or other development to be fully compliant
with this article. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this article is presumed to be
in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or
other datum, of floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
DIVISION 3. GENERAL PROVISIONS
Sec. 14-530. Lands to which this article applies
The provisions of this article shall apply to all areas of special flood hazards within the
city limits of the City of Azusa.
Sec. 14-531. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the "Flood Insurance Study (FIS) for City of Azusa" dated July 6,
1998, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary
and Floodway Maps (FBFM's), and all subsequent amendments and/or revisions, are
hereby adopted by reference and declared to be a part of this article. This AS and
attendant mapping is the minimum area of applicability of this article and may be
supplemented by studies for other areas which allow implementation of this article and
which are recommended to the City Council by the Floodplain Administrator. The
study, FIRM'S and FBFM's are on file at the City of Azusa Department of Public Works,
Engineering Division, at Azusa City Hall, 213 E. Foothill Blvd., Azusa, CA 91702-1295.
Sec. 14-532. Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this article and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards) shall
constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such
lawful action as is necessary to prevent or remedy any violation.
Sec. 14-533. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
11
0 0
Sec.14-534. Interpretation.
In the interpretation and application of this article, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the city; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
Sec. 14-535. Warning and disclaimer of liability.
The degree of flood protection required by this article 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 article 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 article, 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 article or any administrative decision lawfully made hereunder.
DIVISION 4. ADMINISTRATION.
Sec. 14-536. Designation of the Floodplain Administrator.
The City Engineer is hereby appointed to administer, implement, and enforce this article
by granting or denying development permits in accord with its provisions.
Sec. 14-537. Duties and responsibilities of the Floodplain Administrator. -.
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:
1. Permit requirements of this article 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;
12
0 0
4. The proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has
not been designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood
more than 1 foot at any point within the City of Azusa; and
5. All Letters of Map Revision (LOMR's) 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 (CLOMR's). Approved
CLOMR's 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.
Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," develop detailed procedures for
identifying and administering requirements for substantial improvement
and substantial damage, to include defining "Market Value."
2. Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
C. Review. Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with
Section 14-531, 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 Division 5.
NOTE: A base flood elevation may be obtained using one of two methods
from the FEMA publication, FEMA 265, "Managing Floodplain Development
in Approximate Zone A Areas — A Guide for Obtaining and Developing Base
(100 -year) Flood Elevations" dated July 1995.
D. Notification of Other Agencies.
1. Alteration or relocation of a watercourse:
Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
13
0
0
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 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 LOMR's 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 (CLOMR's). Approved
CLOMR's allow construction of the proposed flood control project and
land preparation as specified in the "start of construction" definition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and
floodplain management requirements are based on current data.
3. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of
the community clearly delineating the new corporate limits.
E. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the
following:
1. Certification required by Section 14-540.C.1 and Section 14-543 (lowest floor
elevations);
2. Certification required by Section 14-540.C.2 (elevation or floodproofing of
nonresidential structures);
3. Certification required by Sections 14-540.C.3 (wet floodproofing standard);
4. Certification of elevation required by Section 14-542.A.3 (subdivisions and
other proposed development standards);
5. Certification required by Section 14-545.8 (floodway encroachments); and
6. Maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report submitted to
the Federal Emergency Management Agency.
14
0 0
F. Map Determination.
Make interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazard, where there appears to be a conflict between a
mapped boundary and actual field conditions. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 14-539.
G. Remedial Action.
Take action to remedy violations of this article as specified in Section 14-532.
H. Biennial Report.
Complete and submit Biennial Report to FEMA.
I. Planning.
Assure community's General Plan is consistent with floodplain management
objectives herein.
Sec. 147538. Development permit.
A development permit shall be obtained before any construction or other
development, including manufactured homes, within any area of special flood.
hazard established in Section 14-531. Application for a development permit shall be
made on forms furnished by the City of Azusa. The applicant shall provide the
following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or
proposed structures, storage of materials and equipment and their
location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 14-531 or Section
14-537.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in Section 14-
540.C.2 of this article and detailed in FEMA Technical Bulletin TB 3-93.
15
0 0
B. Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria in
Section 14-540.C.2.
C. For a crawl -space foundation, location and total net area of foundation
openings as required in Section 14-540.C.3 of this article and detailed in
FEMA Technical Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
E. All appropriate certifications listed in Section 14-537.E of this article.
Sec. 14-539. Appeals.
The City Council of the City of Azusa 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 the provisions of this article.
DIVISION 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
Sec. 14-540. Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvements of structures, including
manufactured homes, shall be adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
B. Construction Materials and Methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
1. With flood resistant materials, and utility equipment resistant to flood damage for
areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding; and
IT
0
0
4. Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
C. Elevation and Floodproofing.
1. Residential construction.
All new construction or substantial improvements of residential structures shall
have the lowest floor, including basement:
a. In AE, AH, Al -30 Zones, elevated to or above the base flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a height equal
to or exceeding the depth number specified in feet on the FIRM, or elevated
at least 2 feet above the highest adjacent grade if no depth number is
specified.
c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone],
elevated to or above the base flood elevation; as determined under Section
14-537.C.
Upon the completion of the structure, the elevation of the lowest floor, including
basement, shall be certified by a registered civil engineer or licensed land
surveyor, and verified by the community building inspector to be properly
elevated. Such certification and verification shall be provided to the Floodplain
Administrator.
2. Nonresidential construction.
All new construction or substantial improvements of nonresidential structures
shall either be elevated to conform with Section 14-540.C.1 or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below
the elevation recommended under Section 14-540.C.1, so that the structure
is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of
Section 14-540.C.2.a & b are satisfied. Such certification shall be provided to
the Floodplain Administrator.
17
E
3. Flood openings.
0
All new construction and substantial improvements of structures with fully
enclosed areas below the lowest floor (excluding basements) that are usable
solely for parking of vehicles, building access or storage, and which are subject
to flooding, shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwater. Designs for
meeting this requirement must meet the following minimum criteria:
a. For non -engineered openings:
1. Have a minimum of two openings on different sides having a total net area
of not less than one square inch for every square foot of enclosed area
subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and
exit of floodwater; and
4. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter; or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes.
a. Manufactured homes located outside of manufactured home panics or
subdivisions shall meet the elevation and floodproofing requirement in
Section 14-540.C.
b. Manufactured homes placed within manufactured home parks or subdivisions
shall meet the standards in Section 14-543. Additional guidance may be
found in FEMA Technical Bulletins TB 1-93 and TB 7-93.
5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed with the garage
floor slab below the BFE, must be designed to allow for the automatic
entry of flood waters. See Section 14-540.C.3. Areas of the garage
below the BFE must be constructed with flood resistant materials. See
Section 14-540.B.
18
0 0
2. A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below grade
parking areas, see FEMA Technical Bulletin TB -6.
b. Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (2 car detached garages or
smaller) or limited storage (small, low-cost sheds), as defined in Division
2, may be constructed such that its floor is below the base flood elevation
(BFE), provided the structure is designed and constructed in accordance
with the following requirements:
a) Use of the accessory structure must be limited to parking or limited
storage;
b) The portions of the accessory structure located below the BFE must
be built using flood -resistant materials;
c) The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure must
be elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment
provisions in Section 14-545; and
f) The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with Section 14-540.C.3.
2. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable
standards in Section 14-540.
Sec. 14-541. Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
19
Sec. 14-542. Standards for subdivisions and other proposed development.
A. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or
5 acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations
(BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on
the final plans.
3. If the site is filled above the base flood elevation, the following as -built
information for each structure shall be certified by a registered civil engineer
or licensed land surveyor and provided as part of an application for a Letter of
Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
B. All subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
D. All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
Sec. 14-543. Standards for manufactured homes within manufactured home parks
or subdivisions.
All manufactured homes in special flood hazard areas shall meet the anchoring
standards in Section 14-540.A, construction materials and methods requirements in
Sections 14-540.13, flood openings requirements in 14-540.C.3, and garages and
low cost accessory structure standards in 14-540.C.5.
Note: Manufactured homes located outside of manufactured home parks or
subdivisions shall meet the elevation and floodproofing requirement in Section 14-
540.C.
20
0 0
A. All manufactured homes that are placed or substantially improved, on sites
located: (1) in a new manufactured home park or subdivision; (2) in an
expansion to an existing manufactured home park or subdivision; (3) or in an
existing manufactured home park or subdivision on a site upon which a
manufactured home has incurred "substantial damage" as the result of a
flood shall:
1. Within Zones A11-30, AH, and AE on the community's Flood Insurance
Rate Map, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al -30, AH, and
AE on the community's Flood Insurance Rate Map that are not subject to the
provisions of Section 14-543.A will be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood
elevation; or
2. Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered civil engineer or licensed land surveyor,
and verified by the community building inspector to be properly elevated. Such
certification and verification shall be provided to the Floodplain Administrator.
Sec. 14-544. Standards for Recreational Vehicles.
Since floodways are an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles, and erosion potential, the following
provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within
Zones Al -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 1 foot at
any point within the City of Azusa
21
rI
0
B. Within an adopted regulatory floodway, the City of Azusa shall prohibit
encroachments, including fill, new construction, substantial improvements,
and other development, unless certification by a registered civil engineer is
provided demonstrating that the proposed encroachment shall not result in
any increase in flood levels during the occurrence of the base flood
discharge.
C. If Sections 14-545.A & B are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Division 5.
Sec. 14-545. Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within
Zones Al -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 1 foot at any
point within the City of Azusa.
B. Within an adopted regulatory floodway, the City of Azusa shall prohibit
encroachments, including fill, new construction, substantial improvements, and
other development, unless certification by a registered civil engineer is provided
demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
C. If Sections 14-545.A & B are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of Division 5.
Sec. 14-546. Mudslide (i.e., mudflow) prone areas.
A. The Floodplain Administrator shall review permits for proposed construction of
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:
1. The type and quality of soils;
22
0 0
2. Evidence of ground water or surface water problems;
3. Depth and quality of any fill;
4. Overall slope of the site; and
5. Weight that any proposed development will impose on the slope.
C. Within areas which may have mudslide hazards, the Floodplain Administrator
shall require:
1. A site investigation and further review 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.
DIVISION 6. VARIANCE PROCEDURE.
Sec. 14-547. Nature of variances.
The issuance of a variance is for floodplain management purposes only. Insurance
premium rates are determined by statute according to actuarial risk and will not be
modified by the granting of a variance.
The variance criteria set forth in this section of the article 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 article 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 of Azusa to help protect its citizens from flooding. This need is
so compelling and the implications of the cost of insuring a structure built below flood
level are so serious that variances from the flood elevation or from other requirements
in the flood ordinance are quite rare. The long term goal of preventing and reducing
flood loss and damage can only be met if variances are strictly limited. Therefore, the
23
0 0
variance guidelines provided in this article are more detailed and contain multiple
provisions that must be met before a variance can be properly granted. The criteria are
designed to screen out those situations in which alternatives other than a variance are
more appropriate.
Sec. 14-548. Conditions for variances.
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 Divisions 4 and 5 of this
article 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 Division 2 of this article) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an 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 article. 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 the local ordinance.
E. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official 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.
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.
F. 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 Emergency Management Agency.
24
0 0
Sec. 14-549. Appeal board.
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 article, 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
community;
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;
B. 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. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
"hardship" to the applicant; and
25
0 0
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 (see "Public safety and nuisance"), cause "fraud and
victimization" of the public, or conflict with existing local laws or ordinances.
C. 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 Sections 14-549.A through 14-
549.D 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.
D. Upon consideration of the factors of Section 14-548.A and the purposes of this
article, the City Council may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this article.
Secs. 14-532-14-555. Reserved."
Section 2. The City Council hereby finds and determines that the adoption of
this Ordinance is exempt from the requirements of the California Environmental Quality
Act (Public Resources Code § 21000 et seq.) ("CEQA") pursuant to Section 15308 of
the State CEQA Guidelines, because the Ordinance sets forth specifications and
procedures for the maintenance, restoration, enhancement, and protection of the
environment. Staff is directed to file a Notice of Exemption with the Los Angeles
County Clerk's Office within five (5) working days of the adoption of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phase, or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or portions might subsequently
be declared invalid or unconstitutional.
Section 4. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 5. The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted as required by law.
26
0 0
PASSED, APPROVED, AND ADOPTED this 21St day of August, 2006.
lane Chagnon
Mayor .
ATTES .
Vera Mendoza
City Clerk
I, VERA MENDOZA, City Clerk of the City of Azusa do hereby certify that the
foregoing Ordinance No. 06-O8was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 21St day of August, 2006. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the 21 st day of August, 2006, by the following vote, to wit:
AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Vera Mendoza
City Clerk
27