O2281F:\atty\muni\laws\barry\Floodplain Management Ordinance011309Ord2d
City Council Meeting: January 13, 2009 Santa Monica, California
ORDINANCE NUMBER (CCS) 22si (ccs)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 7.68 TO THE SANTA MONICA MUNICIPAL
CODE ESTABLISHING FLOODPLAIN MANAGEMENT REGULATIONS
WHEREAS, the National Flood Insurance Program (NFIP) was established with
the passage of the National Flood Insurance Act of 1968.
WHEREAS, the NFIP is a Federal program enabling property owners in
participating communities to purchase insurance as a protection against flood losses in
exchange for State and community floodplain management regulation that reduce future
flood damages. Over 20,000 communities participate in the Program.
WHEREAS, the Federal .Emergency Management Agency (FEMA) .has.
published anew Digitized. Flood Insurance Rate Map (DFIRM) and Flood Insurance
Study Report (FIS) for the City which became effective on September 26, 2008.
WHEREAS, the City is required to adopt a floodplain management ordinance to
meet the National Flood Insurance Program (NFIP) requirements.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7,68 is hereby added to the Santa Monica Municipal Code
to read as follows:
CHAPTER 7.68
FLOODPLAIN MANAGEMENT REGULATIONS
7.68.010 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 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;
(b) Minimize expenditure of public money for costly flood
control projects;
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(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 ahd 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.
7.68.020 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this Chapter includes
regulations to:
(a) Restrict or prohibit uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
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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;
(e) Prevent or regulate the construction of flood barriers
which will unnaturally divert floodwaters or which may increase
flood hazards in other areas; and
7.68.030 Definitions.
Unless specifically defined below for purposes of this Chapter
7.68- exclusively, 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 ordinance its most reasonable application.
(a) "A zone" -see "Special flood-hazard area".
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(b) "Accessory structure" means a structure that is either:
(1) Solely for the parking of no more than 2 cars; or (2) a small, low
cost shed for limited storage, less than 150 square feet and $1,500
in value.
(c) "Accessory use" means a use which is ihcidental and
subordinate to the principal use of the parcel of land on which it is
located.
(d) "Appeal" means a request for a review of the Floodplain
Administrator's interpretation of any provision of this ordinance.
(e) "Area of special flood hazard" -See "Special flood
hazard area."
(f) "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
ordinance.
(g) "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.
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(h) "Basement" means any area of the. building having its
floor subgrade - i.e., below grbundlevel - on all sides.
(i) "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 10 and .no more than 20 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.
Q) "Building" -see "Structure".
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(K) "Coastal high hazard area" means an area of special.
flood hazard extending from offshore to the inland limit of a primary
frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an area
subject to high velocity waters, including coastal and tidal
inundation or tsunamis. The area is designated on a Flood
Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.
(I) "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.
(m) "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.
(n) 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
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site grading or the pouring of concrete pads) is completed before
the effective date of this Chapter.
(o) "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).
(p) "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.
(q) "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.
(r) "Flood Insurance Rate Map (FIRM)" means the official
map on which the Federal Emergency Management Agency or
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Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the
community.
(s) "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.
(t) "Floodplain or flood-prone area" means any land area
susceptible to being inundated by water from any source -see
"Flooding."
(u) "Floodplain Administrator" is the Director of the
Department of Public Works.
(v) "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.
(w) "Floodplain management regulations" means this
ordinance and other zoning ordinances, subdivision regulations,
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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.
(x) "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 TB7-93.
(y) "Floodway" means the channel of a river or .other
watercourse ahd the adjacent larid 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."
(z) "Floodway fringe" is that area of the floodplain on either
side of the "Regulatory Floodway" where encroachment may be
permitted.
(aa) "Fraud and victimization" as related to Section 7.68.190
of this Chapter, means that the variance granted must not cause
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fraud on or victimization of the public. In examining this
requirement, the City 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.
(bb) "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.
(cc) "Governing body" is the City Council of the City.
(dd) "Hardship" as related to Section 7.68.190 of this chapter
means the exceptional hardship that would result from a failure to
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grant the requested variance. The City 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.
(ee) "Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction next to the
proposed walls of a structure.
(ff) "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;
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(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) Designated City landmarks or contributing structures in
an adopted historic district.
(gg) "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 Sectioh 7.68.140(c)(3);
(B) The anchoring standards in Section 7.68.140(a);
(C) The construction materials and methods standards in
Section 7.68.140(b); and
(D) The standards for utilities in Section 7.68.150.
(2) For residential structures, all subgrade enclosed areas
are prohibited as they are considered to be basements (see
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"Basement" definition). This prohibition includes below-grade
garages and storage areas.
(hh) "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".
(ii) "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.
Qj) "Market value" as defined -by the Floodplain
Administrator ih accordance with the procedures established in
Section 7.68.110(b).
(kk) "Mean sea level" means, for purposes of the National
Flood Insurance Program, the National Geodetic Vertical Datum.
(NGVD) of 1929, North American Vertical Datum (NAND) of 1988,
or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
(II) "New construction", means structures for which the
"start of construction" commenced on or after. the effective date of
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this chapter, and includes any subsequent improvements to such
structures.
(mm) "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 chapter.
(nn) "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.
(oo)"One-hundred-year flood" or "100-year flood" -see
"Base flood."
(pp) "Primary frontal dune" means a continuous or nearly
continuous mound or ridge of sand with relatively steep seaward
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and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and
waves during major coastal storms. The inland .limit of the primary
frontal dune occurs at the point where there is a distinct change
from a relatively mild slope.
(qq) "Program deficiency" means a defect in a community's
floodplain management regulations or administrative procedures
that impairs effective implementation of those floodplain
management. regulations.
(rr) "Public safety and nuisance" as related to Section
7.68.190 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.
(ss) "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;
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(3) Designed to be self-propelled or permanently towable by
alight-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.
(tt) "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.
(uu) "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.
(vv) "Sheet flow area" -see "Area of shallow flooding."
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(ww) "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.
(xx) "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
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other structural part of a building,. whether or not that alteration
affects the external dimensions of the building.
(yy) "Structure" means a walled and roofed building that is
principally above ground; this includes a gas or liquid storage tank
or a manufactured home.
(zz) "Substantial damage" means damage of any origin
sustained by a structure whereby the cost of restoring the structure
to it's before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage. occurred.
(aaa) "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 ihcludes 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
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(2) Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation as
a "historic structure."
(bbb) "V zone" -see "Coastal high hazard area."
(ccc) "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.
(ddd) "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.
(eee) "Water surface elevation" means the height, in
relation to the National Geodetic Vertical Datum (NGVD) of 1929,
North American Vertical Datum (NAND) of 1988, or other datum, of
floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
(fff) "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
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specifically designated areas in which substantial flood damage
may occur.
7.68.040 Lands To Which This Chapter Applies.
This Chapter shall apply to all special flood hazard areas
within the City.
7.68.050 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 Los Angeles County, .California and Incorporated
Areas" dated September 26, 2008, with accompanying Flood
Insurance Rate Maps (FIRM's) dated September 26, 2008, and all
subsequent amendments and/or revisions; are hereby adopted by
reference and declared to be a part of this ordinance.. This FIS and
attendant mapping is the minimum area of applicability of this
ordinance and may be supplemented by studies for other areas
which allow implementation of this Chapter and which are
recommended to the City by the Floodplain Administrator. The FIS
and FIRM's are on file with the City's Public Works Department.
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7.68.060 Compliance.
No structure or land shall hereafter be constructed, located,
extended, converted, or .altered without full compliance with the
terms of this ordinance and other applicable regulations. Violation
of the requirements (including violations of conditions and
safeguards) shall constitute a misdemeanor. Nothing herein shall
prevent the City from taking such lawful action as is necessary to
prevent or remedy any violation.
7.68.070 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.
7.68.080 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 City ;and
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(c) Deemed neither to limit nor repeal any other powers
granted under state statutes.
7.68.090 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 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, any officer
or employee thereof, the. State. of California, or the Federal
Emergency Management Agency, for any flood damages that result
from reliance- on this ordinance or any administrative decision
lawfully made hereunder.
7.68.100 Designation of the Floodplain Administrator.
The Director of the Department of Public Works is hereby
appointed to administer, implement, and enforce this ordinance by
granting or denying development permits in accord with its
provisions.
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7.68.110 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 floodplain development permits to determine:
(1) Permit requirements of this Chapter 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;
(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; and
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(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
(1) 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 7.68.050 the Floodplain Administrator
shall obtain, review, and reasonably utilize any base flood elevation
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and floodway data available from a federal or state agency, or other
source, in order to administer Section 7.68.140..
NOTE: Abase flood elevation may be obtained using one of
two methods from the FEMA publication, FEMA 265, "Managing
Floodplain Development in Approximate Zone AAreas - 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:
(A) 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.
(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
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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:
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(1) Certification required by Section 7.68.140(c)(1).
(2) Certification required by Section 7.68.140(c)(2) (elevation
or#loodproofing of nonresidential structures);
(3) Certification required by Section 7.68.140(c)(3) (wet
floodproofing standard);
(4) Certification of elevation required by Section
7.68.160(a)(3) (subdivisions and other proposed development
standards);
(5) Certification required by Section 7.68.180(b) (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.
(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
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shall be given a reasonable opportunity to appeal the interpretation
as provided in Section 7.68.130.
(g) Remedial Action
Take action to remedy violations of this ordinance as specified
in Section 7.68.060.
(h) Biennial Report
Complete and submit Biennial Report to FEMA.
(i) Planning
Assure community's General Plan is consistent with floodplain
management objectives herein.
7.68.120 Floodplain Development Permit.
A floodplain development permit shall be obtained before any
construction or other development, including manufactured homes,
within any special flood hazard area established in Section
7.68.050. Application for a development permit shall be-made oh
forms furnished by the City. The applicant shall provide the
following minimum information:
(a) Plans in duplicate, drawn to scale, showing:
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(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 Sections
7.68.050 or 7.68.110(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 7.68.140(c)(2) of this ordinance and. detailed in FEMA
Technical Bulletin TB 3-93.
(b) Certification from a registered civil engineer or architect
that the nonresidential. floodproofed building.- meets the
floodproofing criteria in Section 7.68.140(c)(2).
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(c) For scrawl-space foundation, location and total net area
of foundation openings as required in chapter 7.68.140(c)(3) of this
Chapter 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 resulfof proposed development.
(e) All appropriate certifications listed in Section 7.68.110(e)
of this ordinance.
7.68.130 Appeals.
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 Chapter
7.68.140 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
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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
(c) Elevation and Floodproofing
(1) Residential construction
All new construction or substantial improvements of residential
structures shall have the lowest floor, including basement:
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(A) 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 7.68.110(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 Public
Works 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 7.68.140(c)(1) or:
(A) Be floodproofed, together with attendant utility and
sanitary facilities, below the elevation recommended under Section
7.68.140(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 7.68.140(c)(2)(A) & (B) are satisfied
Such certification shall be provided to the Floodplain Administrator.
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(3) Flood openings
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:
(i) 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;
(ii) The bottom of all openings shall be no higher than one
foot above grade;
(iii) 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
(iv) Buildings with more than one enclosed area must have
openings on exterior walls for each area to allow flood water to
directly enter; or
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(B) Be certified by a registered civil engineer or architect.
(4) Manufactured homes
(A) See Section 7.68.170.
(5) Garages and low cost accessory structures
(A) Attached garages.
(i) 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
7.68.140(c)(3). Areas of the garage below the BFE must be
constructed with flood resistant materials.
(ii) 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.
(i) "Accessory structures" used solely for parking (2 car
detached garages or smaller) or limited storage (small, low-cost
sheds), as defined in chapter 7.68:030, 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:
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(aa) Use of the accessory structure must be limited to parking
or limited storage;
(bb) The portions of the accessory structure located below the
.BFE must be built using flood-resistant materials;
(cc) The accessory structure must be adequately anchored to
prevent flotation, collapse and lateral movement;
(dd) Any mechanical and utility equipment in the accessory
structure must be elevated or floodproofed to or above the BFE;
(ee) The .accessory structure must comply with floodplain
encroachment provisions in Section 7.68.180; and
(ff) The accessory structure must be designed to allow for
the automatic entry of flood waters in accordance with Section
7.68.140(c)(3).
(ii) Detached garages and accessory structures not meeting
the above standards must be constructed in accordance with all
applicable standards in Section 7.68.140.
7.68.150 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
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(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.
7.68.160 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.
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(C) Lowest adjacent grade.
(b) Alt 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.
7.68.170 Standards for Recreational Vehicles.
(a) All recreational vehicles placed in Zones Al-30, AH, AE,
V1-30 and VE will either:
(1) Be on the site for fewer than 180 consecutive days; or
(2) 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
(3) Meet the permit requirements of Section 7.68.120.
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7.68.180 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.
(b) Within an adopted regulatory floodway, the City 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 Section 7.68.170 is satisfied, all new construction,
substantial improvement, and other proposed new development
shall comply with all other applicable flood hazard reduction
provisions of Section 7.68.140.
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7.68.190 Variance Procedure.
(a) 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 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 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
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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.
(b) Conditions for Variances
(1) 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 Sections
7.68.120 and 7.68.130 have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required
for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of
"historic structures" (as defined in Section 7.68.030) 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.
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(3) Variances shall not be issued within any mapped
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(4) 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
ordinance. For example, in the case of variances to an elevation
requirement, this means the City 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
believes will both provide relief and preserve the integrity of the
local ordinance.
(5) Any applicant to whom a variance is granted shall be
given written notice over the signature of a community official that:
(A} 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
(B) 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
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Office of the Los Angeles CountyRecorder and shall be recorded in
a manner so that it appears in the chain of title of the affected
parcel of land.
(6) 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.
(c) Appeal Board
(1) In passing upon requests for variances, the City shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and the:
(A) Danger that materials may be swept onto other lands to
the injury of others;
(B) Danger of life and property due to flooding or erosion
damage.;
(G) 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;
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(D) Importance of the services provided by the proposed
facility to the community;
(E) Necessity to the facility of a waterfront location, where
applicable;
(F) Availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(G) Compatibility of the proposed use with existing and
anticipated development;
(H) Relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
(I) Safety of access. to the property in time of flood for
ordinary and emergency vehicles;
(J) Expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected. at the site; and
(K) 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.
(2) Variances shall only be issued upon a:
(A) Showing of good and sufficient cause;
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(B) Determination that failure to grant the variance would
result in exceptional "hardship" to the applicant; and
(C) 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.
(3) 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 Section 7.68.190(c) is 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.
(4) Upon consideration of the factors of Section
7.68.190(b)(1) and the purposes of this Chapter, the City may
attach such conditions to the granting of variances as it .deems
necessary to further the purposes of this ordinance.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
45
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a 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 passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. -The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 13th day of January,
State of California )
County of Los Angeles) ss.
City of Santa Monica )
200 .
Ken Genser, M yor
I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2281 (CCS) had its introduction on December
2nd 2009, and was adopted at the Santa Monica City Council meeting held on January
13th, 2009, by the following vote:
Ayes: Council members: Bloom, Holbrook, McKeown , shriver
Mayor Genser, Mayor Pro Tem O'Connor
Noes:. Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2281 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Denise Anderson-Warren, Acting City Clerk