Ordinance - 2134i
ORDINANCE NO.2134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING AND ADDING ARTICLE III
SECTIONS 9.40 TO 9.64 TO THE WEST COVINA MUNICIPAL CODE
REGARDING "FLOOD PLAIN MANAGEMENT REGULATIONS" AND
SETTING FORTH FACTS CONSTITUTING THIS TO BE AN URGENCY
ORDINANCE
WHEREAS, Formerly Federal Emergency Management Agency (FEMA) in compliance
with Part 67, Chapter I, Title 44 of the code of Federal regulation, determined that no special
flood hazard areas exist within the corporate limit of the City's community; and
WHEREAS, the entire community of the City of West Covina was placed in Zone "D",
where flood hazards are undetermined but possible; and
WHEREAS, West Covina property owners are paying very high flood insurance
premium due to undetermined status of the City in regards to the National Flood Insurance
Program (NFIP); and
WHEREAS, the City received numerous complaints and request from property owners to
complete the flood and mud flow studies and maps to be completed so that West Covina property
owners pay flood insurance premiums based on their actual risk; and
WHEREAS, the City requested FEMA to revise the City of West Covina's flood maps;
and
WHEREAS, FEMA reviewed the flood zone designation for the City of West Covina in
Los Angeles County, California, and prepared Flood Insurance Rate Map (FIRM) for the City's
entire community for City's review and comments; and
WHEREAS, the City reviewed and provided all comments; and
WHEREAS, FEMA incorporated and mitigated all comments in final FIRM that is
acceptable to the City; and
WHEREAS, on May 3, 2005 the City Council introduced an Ordinance to adopt
Floodplain Management Regulations and the related FIRM required by FEMA; and
WHEREAS, FEMA has now required additional changes in the Floodplain Management
Regulations which require substantive changes in the introduced Ordinance; and
WHEREAS, FEMA requires the City to adopt a Floodplain Management Regulations
ordinance not later than May 17, 2005, or the citizens of West Covina will not be allowed to
participate in the NFIP. Participation in the NFIP will result in substantial flood insurance
benefits to the citizens of West Covina; and
WHEREAS, the City Council desires to adopt the amended Floodplain Management
Regulations and related FIRM now required by FEMA.
NOW, THEREFORE, the City Council of the City of West Covina does hereby ordain as
follows:
SECTION 1. The proposed action is considered to be exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 1506(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment, which does not have the
potential for causing a significant effect on the environment.
Ordinance No. 21 S4
May 17, 2005
SECTION 2. The attached Exhibit "A" is hereby adopted as Article III Sections 9.40 to
9.64 and added to Section 9 of the West Covina Municipal Code including the Flood Insurance
Rate Map (FIRM), Exhibit `B" provided by FEMA which included Map No. 060666INDOA,
0606660004, 0008A, 0009A, 0016A, 0017A, 0018A, 0019A, 0028A and 0036A by reference
which is on file in the office of the Public Works Director/City Engineer of the City of West
Covina.
SECTION 3. This Ordinance is an Urgency Ordinance enacted pursuant to Sections
36934 of the Government Code of the State of California, and in accordance therewith, shall be
effective immediately upon adoption. The City Council hereby finds, determines and declares
that the immediate preservation of the public peace, health, safety and welfare necessitates the
enactment of this Ordinance as an Urgency Ordinance. The City Council further finds there is a
current and immediate threat to the public health, safety and welfare necessitating the adoption
of this Ordinance as an Urgency Ordinance under Section 36934. Said findings are as follows:
a) The Federal Emergency Management Administration requires the City of West
Covina to adopt specified Floodplain Management Regulations not later than May 17, 2005 in
order to obtain favorable flood zone maps for the City.
b) The City previously introduced an Ordinance on May 3, 2005 to adopt the
Floodplain Management Regulations required by FEMA. However, since that time FEMA has
required substantial changes in the Floodplain Management Regulations.
c) Due to the procedural constraints of Government Code Sections 36934 and 36937
the amendments required by FEMA cannot be adopted prior to May 17, 2005 unless adopted as
an urgency ordinance.
d) If an Urgency Ordinance is not adopted immediately, the citizens of West Covina
will not be able to participate in the NFIP and obtain less expensive flood insurance, or any flood
insurance. Flood insurance may be required for many federally insured loan programs, which
may result in severe financial hardship for may West Covina citizens.
e) In order to protect the health, safety and welfare of the citizens and to assure the
insurability of substantial real property assets within the City of West Covina, it is necessary to
adopt this ordinance as an urgency ordinance to become effective immediately upon its adoption.
SECTION 4. This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
SECTION 5. Effective Date: This ordinance shall be effective immediately upon the
date of its adoption.
SECTION 6. That the City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
APPROVED AND ADOPTED this 17`h day of May 2005
• Mayor Shelley Sanderson
ATTEST:
City Clerk L une Carrico
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Ordinance No. 2.134
May 17, 2005
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing urgency Ordinance was introduced and adopted by the City Council of the
City of West Covina, at a regular meeting thereof held on the 17`h day of May 2005, by -the
following vote:
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AYES: `_` ;Hernandez, Miller,
NOES: None
ABSENT:
Herfert
ABSTAIN?.
None,
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APPROVED AS TO FORM:
Wong; Sanderson
City Attomey Arnold lvarez-Glasman
•.1•.'I . ,1' ,
C��G✓1
City Clerk urie camco
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CITY OF WEST COVINA
SECTION 9 - ARTICLE III
FLOODPLAIN MANAGEMENT REGULATIONS
ORDINANCE
Department of Public Works
West Covina, California
EXHIBIT "A"
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ARTICLE III.
FLOODPLAIN MANAGEMENT REGULATIONS
9.40 NAME. This ordinance may be referred to as Floodplain Management Regulations or as
the Flood Damage Prevention Ordinance.
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 citizens. Therefore, the City Council of the City of West Covina,
California, does hereby adopt the following floodplain management regulations.
9.41 FINDINGS OF FACT.
A. The flood hazard areas of the City of West Covina are subject to periodic inundation
which results in loss of life and property, health and safety hazards, disruption of
commercial 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, floodproofed, 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 the flood
loss.
9.42 STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public
health, safety, and general welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
A. Protect human life and health;
• B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; and streets and bridges located in areas of special flood
hazard;
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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.
9.43 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes,
this ordinance includes methods and provisions to:
A. Restricting or prohibiting 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. Requiring that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial constriction;
C. Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Controlling, filling, grading, dredging, and other development which may increase
flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
9.44 DEFINITIONS. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they have in common usage
and to give this ordinance its most reasonable application.
• "Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this ordinance.
"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 -related erosion hazard" is the land within a community which is
most likely to be subject to severe flood -related erosion losses. The area may be
designated as Zone E on the Flood Insurance Rate Map (FIRM).
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"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe
mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate
Map (FIRM).
"Base flood" means a flood which has a one percent chance of being equaled or exceeded
in any given y=ar (also called the "100-year flood"). Base flood is the term used
throughout this ordinance.
"Basement" means any area of the building having its floor sub -grade - i.e., below ground
level - on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is
designed to break away under abnormally high tides or wave action without causing
any damage to the structural integrity of the building on which they are used or any
buildings to which they might be carried by flood waters. A breakaway wall shall have
a safe design loading resistance of not less than ten and no more than twenty pounds
per square foot. Use of breakaway walls must be certified by a registered engineer or
architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood, and
2. The elevated portion of the building shall not incur any structural damage due to the
effects of wind and water loads acting simultaneously in the event of the base flood.
"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.
"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 and Mitigation
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
"Flood Hazard Boundary Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance and Mitigation Administration has delineated
the areas of flood hazards and floodway.
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"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance and Mitigation Administration has
delineated both the areas of special flood hazards and the risk premium zones applicable to
the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance and
Mitigation 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 management regulations" means this ordinance 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.
The term describes 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.
"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.
"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.
"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
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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.
"Lowest floor" means the lowest floor of the lowest enclosed area including basement.
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 that such enclosure is not built so as to
render the structure in violation of the applicable none elevation design requirements of
this ordinance. (Note: This definition allows attached garages to be built at grade. Below
grade garages are not allowed as they are considered to be basements.)
"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 connected to the required utilities. For floodplain management purposes
the term "manufactures home" also include park trailers, travel trailers, and other similar
vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
"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.
"Mean sea level" 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.
"New construction", means for floodplain management purposes, means structures for
which the "start of construction" commenced on or after the effective date of floodplain
management regulations adopted by this community.
"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 floodplain management regulations adopted by
this community.
"One -hundred -year flood" or "100-year flood" means a flood which has a one percent
. annual probability of being equaled or exceeded. It is identical to the "base flood" which
will be used through this ordinance.
"Person" means an individual or his agent, firm, partnership, association, or corporation
or agent of the aforementioned groups, or this state or its agencies, or political
subdivisions.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
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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.
"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.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area" - see "Area of shallow flooding".
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one
percent or greater chance of flooding in any given year. It is shown on FHBM or FIRM as
Zone A, AO, Al-A30, AE, A99, AH, Vl-V30, VE or V.
"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.
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"Substantial improvement" means any repair or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
1. Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure safe
living conditions; or
2. Before the improvement or repair started, if the structure has been damaged, and is
being reserved before the damage occurred. For the purpose of this definition
"Substantial Improvement" is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building commences, whether or not that
alteration affects the external dimension of the structure.
3. Any alteration of a structure listed on National Register of historic places or a state
invention at historic places.
"Variance" means a grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance.
"Violation" means the failure of a structure or other development to be fully compliant
with this ordinance. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
GENERAL PROVISIONS.
9.45 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all
areas of special flood hazards, areas of flood relation erosion hazards and areas of
mudslide (i.e. mudflow) hazard within the jurisdiction of the City of West Covina.
9.46 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The
areas of special flood hazard identified by the Federal Insurance and Mitigation
Administration (FINA) of the Federal Emergency Management Agency (FEMA) in the
• Flood Insurance Study (EIS) dated on December 14, 2000 and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), and all
subsequent amendments and/or revisions, are hereby adopted by reference and declared to
be a part of this ordinance. This EIS 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 ordinance and which are recommended to the City Council
by the Floodplain Administrator. The FIS and FIRMS are on file at the West Covina City
Hall located at 1444 West Garvey Avenue South, West'Covina, California 91790 in the
Department of Public Works, Room 215.
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9.47 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the term of this ordinance and other
applicable regulations. Violation of the requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the City Council from taking such lawful action as is
necessary to prevent or remedy any violation.
9.48 ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail
9.49 INTERPRETATION. In the interpretation and application of this ordinance, all
provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
9.50 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection
required by this ordinance 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, areas of
flood related erosion hazards and areas of mudslide (i.e. mudflow) 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 West Covina, any officer or employee
thereof, the State of California, or the Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made hereunder.
9.51 This ordinance and the various parts thereof are hereby declared to be severable. Should
any section of this ordinance be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the ordinance as a whole„or any portion
thereof other than this section so declared to be unconstitutional or invalid.
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9.52 ESTABLISHMENT OF DEVELOPMENT PERMIT. A development permit shall be
obtained before any construction or other development begins within any area of special
flood hazard established areas of flood -related erosion hazards or areas of mudslide (i.e.
mudflow) in Section 9.46. 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. Site plan, including but not limited to:
1. For all proposed structures, spot ground elevations at building comers and 20-foot
or smaller intervals along the foundation footprint, or one foot contour
elevations throughout the building site; and
2. Proposed locations of water supply, sanitary sewer, and utilities; and
3. If available, the base flood elevation from the Flood Insurance Study and/or Flood
Insurance Rate Map; and
4. If applicable, the location of the regulatory floodway; and
B. Foundation design detail, including but not limited to:
1. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
2. For a crawl -space foundation, location and total net area of foundation openings as
required in Section 9.56.C.3 of this ordinance and FEMA Technical Bulletins 1-
93 and 7-93; and
3. For foundations placed on fill, the location and height of fill, and compaction
requirements (compacted to 95 percent using the Standard Proctor Test
• method); and
C. Proposed elevation in relation to mean sea level to which any structure will be
floodproofed; as required in Section 9.56.C.2 of this ordinance and FEMA
Teehni al Rulletin TB 3-93- and
D. All appropriate certifications listed in Section 9.56.13 of this ordinance; and
E. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
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9.53 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Engineer is
hereby appointed to administer, implement, and enforce this ordinance by granting or
denying development permits in accord with its provisions.
9.54 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.
1. Review all development permits to determine that permit requirements of this
ordinance have been satisfied.
2. All other required state and federal permits required for floodplain management
purposes have been obtained.
3. The site is reasonably safe from flooding.
4. The proposed development does not adversely affect the carrying capacity of areas
where base flood elevations have been determined but a floodway has not been
designated. For purposes of this ordinance, "adversely affects" means that the
cumulative effect of the proposed development when combined with all other
existing and anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point within the community.
B. Review, Use and Development of Other Base Flood Data.
1. When base flood elevation data has not been provided in accordance with Section
9.46, 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 the portion of the chapter concerning flood
hazard reduction. Any such information shall be submitted to the City Council for
adoption; nt
2. If no base flood elevation data is available from a federal or state agency or other
source, then a base flood elevation shall be obtained using one of two methods
from the FEMA publication "Managing Floodplain Development in Approximate
Zone A Areas — A Guide for Obtaining and Developing Base (100-year) Flood
Elevations" dated July 1995 in order to administer Section 5:
a. Simplified method
i. 100 year or base flood discharge shall be obtained using the appropriate
regression equation found in a U.S. Geological Survey publication, or the
discharge -drainage area method; and
ii. Base flood elevation shall be obtained using the Quick-2 computer program
developed by FEMA; or
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b. Detailed method. The 100 year or base flood discharge and the base flood
elevation shall be obtained using detailed methods identified in FEMA
Publication 265, published in July 1995 and titled: "Managing Floodplain
Development in Approximate Zone A Areas -A Guide for Obtaining and
Developing Base (100 year) Flood Elevations".
C. When a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California Department of Water Resources
prior to such alteration or relocation of watercourse and submit evidence of such
notification to the Federal Insurance and Mitigation Administration, Federal
Emergency Management Agency;
2. Within six months, submit technical or scientific data of changes to the base flood
elevation to the Federal Emergency Management Agency and the Federal
Insurance and Mitigation Administration; and
3. Assure that the flood carrying capacity within the altered or relocated portion of
said watercourse is maintained.
For the purpose of this section, a watercourse is any naturally occurring drainage channel
which carries drainage runoff from upstream tributary areas as shown of FIRM.
D. Documentation of Floodplain Development. Obtain and maintain for public inspection
and make available as needed the following:
1. Certification required by Section 9.56 C.1 and 9.59 (lowest floor elevations),
2. Certification required by Section 9.56 C.2 (elevation or floodproofing of
nonresidential structures),
3. Certification required by Sections 9.56 C.3 (wet floodproofing standard),
4. Certification of elevation required by Section 9.58 B (subdivision standards),
5. Certification required by Section 9.60 A (floodway encroachments), and
• 6. Reports required by Section 9.61.0 (Mudflows Standards).
E. Man Determinations. 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, grade and base
flood elevations shall he used to determine the boundaries of the special flood
hazard area. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in Section 9.64.
F. Remedial Action. Take action to remedy violations of this ordinance as specified in
Section 9.47.
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9.55 APPEALS. The City Council of City of West Covina 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 ordinance.
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9.56 STANDARDS OF CONSTRUCTION
following standards are required:
A. Anchoring.
In all areas of special flood hazards the
1. All new construction and substantial improvements shall be adequately anchored
to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section 9.59.
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed as follows:
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.
C. Elevation and floodproofing. (See Section 9.44 definitions for "basement,"
"lowest floor," "new construction," "substantial damage" and "substantial
improvement".)
1. Residential construction, new or substantial improvement, shall have the lowest
floor, including basement,
a. In an A Zone, at least elevated at one foot above the base flood elevation as
determined by this community.
b. In all other zones, elevated at least one foot above the base flood
elevation.
• 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
the community building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction, new or substantial improvement, shall either be
elevated to conform with Section 9.56 C.1 or together with attendant utility and
sanitary facilities
a. Be floodproofed below the elevation recommended under Section 9.56 C.1 so
that the structure is watertight with walls substantially impermeable to the
passage of water;
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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 (9.56 C.2) are satisfied. Such certification shall be provided to
the Floodplain Administrator.
3. All new construction and substantial improvement with filly enclosed areas
below the lowest floor (excluding basements) that are usable solely for parking of
vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwater. Designs for meeting this requirement
must exceed the following minimum criteria:
a. Be certified by a registered professional engineer or architect.
b. Be certified to comply with a local floodproofing standard approved by the
Federal Insurance and Mitigation Administration, Federal Emergency
Management Agency; or
C. 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. Manufactured homes shall also meet the standards in Section 9.59.
9.57 STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the systems, and
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.
9.58 STANDARDS FOR SUBDIVISIONS.
A. All preliminary subdivision proposals shall identify the flood hazard area and the
elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If
the site is filled above the base flood elevation, the lowest floor and pad elevations
shall be certified by a registered professional engineer or surveyor and provided to the
Floodplain Administrator.
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C. All subdivision proposals shall be consistent with the need to minimize flood
damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
9.59 STANDARDS FOR MANUFACTURED HOMES.
A. All new and replacement manufactured homes and additions to manufactured
homes shall:
1. .Be elevated so that the lowest floor is at or above the base flood elevation; and
2. Be securely anchored to a foundation system design to resist flotation, collapse, or
lateral movement.
9.59.1 STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed on sites within Zones Al-30, AH, and AE on the
community's Flood Insurance Rate Map will either:
Be on the site for fewer than 180 consecutive days, and be fully licensed and ready
for highway use — a recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions, or
2. Meet the permit requirements of Sections 9.52 through 9.55 of this ordinance and
the elevation and anchoring requirements for manufactured homes in Section 9.59.
9.60 FLOODWAYS. Located within areas of special flood hazard established in Section 9.46
• are areas designated as floodways. Since the floodway is an extremely hazardous area due
to the velocity of floodwaters, which carry debris, potential projectiles, and erosion
potential, the following provisions apply.
A. Prohibit encroachments, including fill, new construction, substantial improvement, and
other new development unless certification by a registered professional engineer is
provided demonstrating that encroachments shall not result in any increase in [the
base] flood elevation during the occurrence of the base flood discharge.
B. If Section 9.60 A is satisfied, all new construction, substantial improvement, and other
proposed new development shall comply with all other applicable flood hazard
reduction provisions of Section 9.56 through Section 9.62.
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9.61 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,
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 that
1. A site investigation and further review be made by persons qualified in geology
and soils engineering;
2. The proposed grading, excavation, new construction, and substantial improvement
be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction, and substantial improvement
not aggravate the existing hazard by creating either on -site of off -site disturbances;
and
4. Drainage, planting, watering, and maintenance not endanger slope stability.
is9.62 FLOOD -RELATED EROSION -PRONE AREA
A. The Floodplain Administrator shall require permits for proposed construction and
other development within all flood -related erosion -prone areas as known to the
community.
B. Permit applications shall be reviewed to determine whether the proposed site
alterations and improvements will be reasonably safe from flood -related erosion and
will not cause flood -related erosion hazards or otherwise aggravate the existing
hazard.
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C. If a proposed improvement is found to be in the path of flood -related erosion or would
increase the erosion hazard, such improvement shall be relocated or adequate
protective measures shall be taken to avoid aggravating the existing erosion hazard.
9.62.1 NATURE OF VARIANCES.
The issuance of a variance is for flood plain 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 ordinance 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 ordinance would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must be
unique to the property and not be shared by adjacent parcels. The unique characteristic
must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City Council of the City of West Covina 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 variance guidelines provided in this ordinance 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.
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9.63 APPEAL BOARD.
A. The City Council of the City of West Covina shall hear and decide appeals and
requests for variances from the requirements of this ordinance.
B. The City Council shall hear and decide appeals when it is alleged there is an error
in any requirement, decision, or determination made by the Floodplain Administrator
in the enforcement or administration of this ordinance.
C. In passing upon such applications, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter,
and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. 'The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency
vehicles;
• 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and,
11. The 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.
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9.64 CONDITIONS FOR VARIANCES.
A. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in Section 9.44 of this ordinance) 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.
B. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
1..A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of, the public, or conflict with existing
local laws or ordinances.
E. Variances may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally dependent use
provided that the provisions of Sections 9.64 A through 9.64 D are satisfied and that
the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
F. 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
is2.
$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 Recorder and shall be recorded in a
manner so that it appears in the chain of title of the affected parcel of land.
G. Upon consideration of the factors set forth in Section 9.63 C and the purpose of
this chapter, the legislative body may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
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H. Generally, variances may be issued for new construction and substantial
improvements 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 items 9.63 C.1 through 9.63 C.11 have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the
variance increases.
I. Upon consideration of the factors of Section 9.64 C and the purpose of this
ordinance, the City Council may attach such conditions to the granting of variances, as
it deems necessary to further the purposes of this ordinance.
J. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its
biennial report submitted to the Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency.
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