HomeMy WebLinkAbout2242ORDINANCE NO. 2242
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
THE ARCADIA MUNICIPAL CODE BY ADDING A
CHAPTER 10 TO ARTICLE III PERTAINING TO
FLOODPLAIN MANAGEMENT
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Article III, Chapter 10 is added to the Arcadia Municipal
Code to read in its entirety as follows:
"3010. STATUTORY AUTHORIZATION AND PURPOSE. The
Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of
its citizenry. Therefore, the City Council of the City of Arcadia does hereby adopt
the following floodplain management regulations.
3011. STATEMENT OF PURPOSE. It is the purpose of this chapter
to promote the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions designed
to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
t
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.
3012. DEFINITIONS. Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
"Area of special flood hazard" -means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
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year.
"Base flood" means a flood, which has a one percent chance of being
equaled or exceeded in any given year (also called the "100-year flood"). Base
flood is the term used throughout this chapter.
"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.
"Flood or flooding" means:
1. A general and temporary condition of partial or complete inundation of
normally dry land areas from: the overflow of inland or tidal waters; the unusual
and rapid accumulation or runoff of surface waters from any source; or mudslides
(i.e., mudflows) which are proximately caused by flooding as defined herein and
are akin to a river of liquid & flowing mud on the surfaces of normally dry land
areas, as when earth is carried by a current of water & deposited along the path of
the current.
2. The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusual and
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unforeseeable event which results in flooding as defined in this definition.
"Floodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source -see "Flooding".
"Floodplain Administrator" is the individual appointed 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 chapter 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.
"Governing body" is the local governing unit, i.e. county or municipality
that is empowered to adopt and implement regulations to provide for the public
health, safety and general welfare of its citizenry.
"Historic structure" means any structure that is
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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 with approved programs.
"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
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parcels) of land divided into two or more manufactured home lots for rent or sale.
"New construction", 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 the City, and includes any
subsequent improvements to such structures.
"One-hundred-year flood" or "100-year flood" -see "Base flood."
"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.
"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,
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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 proposed new development 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
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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".
3013. GENERAL PROVISIONS - LANDS TO WHICH THIS
CHAPTER APPLIES. This chapter shall apply to all areas identified as flood-
prone within the jurisdiction of the City of Arcadia.
3014. BASIS FOR ESTABLISHING FLOOD-PRONE AREAS. The
Floodplain Administrator shall obtain, review, and reasonably utilize any base
flood data available from other Federal or state agencies or other source to identify
flood-prone areas within the jurisdiction of the City. This data will be on file at
the City of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California
91007.
3015. COMPLIANCE. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance with
the terms of this chapter and other applicable regulations. Violation of the
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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.
3016. ABROGATION AND GREATER RESTRICTIONS. This
chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
3017. INTERPRETATION. In the interpretation and application of
this chapter, 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.
3018. WARNING AND DISCLAIMER OF LIABILITY. The
degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not imply that land
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outside the areas of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. This chapter shall not create liability on
the part of the City Council of the City or any officer or employee thereof, the
State of California, or the Federal Insurance Administration, Federal Emergency
Management Agency, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made hereunder.
3019. ESTABLISHMENT OF DEVELOPMENT PERMIT. A
development permit shall be obtained for all proposed construction or other
development in the City, including the placement of manufactured homes, so that
it may be determined whether such construction or other development is within
flood-prone areas.
3020. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The City Manager, or his/her designee, is hereby appointed to administer,
implement, and enforce this chapter by granting or denying development permits
in accord with its provisions.
3021. 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 permit applications to
determine:
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1. Permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained; and
3. The site is reasonably safe from flooding.
B. Review and Use of Any Other Base Flood Data. The Floodplain
Administrator shall obtain, review, and reasonably utilize any base flood data
available from other Federal or state agency or other source.
3022. PROVISIONS FOR FLOOD HAZARD REDUCTION.
STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood-
prone area, all new construction and substantial improvements, including
manufactured homes, shall:
A. Be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. Be constructed:
1. With materials and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed andJor located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
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3023. STANDARDS FOR SUBDIVISIONS OR OTHER
PROPOSED NEW DEVELOPMENT. If a subdivision proposal or other proposed
new development, including manufactured home parks or subdivisions, is in a
flood-prone area, any such proposals shall be reviewed to assure that:
A. All such proposals are consistent with the need to minimize flood
damage within the flood prone area;
B. All public utilities and facilities such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage; and
C. Adequate drainage is provided to reduce exposure to flood hazards.
3024. 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 floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding."
SECTION 2. SEVERABILITY. 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
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the section so declared to be unconstitutional or invalid.
SECTION 3. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy or summary of same to be published in the
official newspaper of said City within fifteen (15) days of its adoption.
Passed, approved and adopted this 3rd day of .Tune , 2008.
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Mayor of the City of Arcadia
ATTEST:
ity Clerk
APPROVED AS TO FO~RM-p
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2242 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 3rd day of June, 2008 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic and Wuo
NOES: None
ABSENT: Council Member Harbicht
Gc.~~ ~r~
City Clerk of the City of Arcadia
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