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SR 03-09-2021 7C City Council Report City Council Meeting: March 9, 2021 Agenda Item: 7.C 1 of 5 To: Mayor and City Council From: Rick Valte, Acting Public Works Director, Public Works, Engineering and Street Services Subject: Introduction and First Reading of an ordinance amending Santa Monica Municipal Code Chapter 7.68 Floodplain Management Regulations to Ensure Compliance with FEMA Guidelines Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance amending Santa Monica Municipal Code Chapter 7.68 (Floodplain Management Regulations) to ensure compliance with the Federal Emergency Management Administration guidelines allowing property owners in Santa Monica the continued ability to purchase flood insurance through the National Flood Insurance Program. Summary The City participates in the National Flood Insurance Program (NFIP), which was established with the National Flood Insurance Act of 1968 and is administered by the Federal Emergency Management Agency (FEMA). By participating in the NFIP, Santa Monica property owners are eligible to purchase federally subsidized flood insurance. On January 13, 2009, Council adopted the existing ordinance, Chapter 7.68 of the City’s Municipal Code. FEMA has notified the City of changes to the minimum requirements of the NFIP, which in turn require updates to the Municipal Code to ensure the City remains in good standing with the NFIP. Staff recommends that Council adopt the amended ordinance Chapter 7.68 to maintain eligibility for property owners to purchase flood insurance. Discussion In October 2016, FEMA notified the City of upcoming changes to National Flood Insurance Program (NFIP) minimum requirements and provided required changes to the City’s Municipal Code. FEMA requested that the City adopt a revision to the 7.C Packet Pg. 289 2 of 5 ordinance by April 21, 2021. Staff has amended Chapter 7.68 of the Municipal Code to address the new federal requirements. Highlights of the updates include: • Addition of Section 7.68.020 Statement of Purpose; • Addition of Section 7.68.190 Standards for Manufactured Homes; • Addition of a requirement that the lowest floor of a structure be certified by a registered civil engineer or land surveyor upon completion of construction of a structure in a floodway; and • Addition of Section 7.68.210 Coastal High Hazard Areas. Map Updates Independent of the ordinance update above, FEMA routinely updates the Flood Insurance Rate Maps (Maps). The timing of FEMA finalizing the latest Maps and requiring the ordinance update coincided in this particular instance. Updated maps are adopted by reference. The map updates are triggered primarily by climate change. FEMA provided the City with updated Maps as shown in Attachment A. Due to climate change and rising ocean levels, 85 beach front properties along Pacific Coast Highway would now be within a FEMA defined Special Flood Hazard Area (SFHA), which is an area subject to a one percent or greater chance of flooding in any given year. Figure 1 shows some of the properties on the northern side of the City highlighted in blue, which would now be in the SFHA, labeled Zone AE. Prior FEMA Maps exhibited the extent of the SFHA as the area immediately west of private properties, encompassing beach land only. 7.C Packet Pg. 290 3 of 5 Figure 1 – Abstract from updated Flood Insurance Rate Maps (Maps). The impact of the FEMA Map updates on the 85 coastal properties located within an SFHA is two-fold. Property owners with mortgages from federally regulated or insured lenders are required to purchase flood insurance. As a result of this change, insurance premiums may rise for these beach front properties. Also, future improvements or repairs to a structure that exceed 50% of the structure’s value would mean that the entire structure would need to comply with current NFIP design requirements. This could potentially include incorporating a wall designed to withstand a storm surge or shifting all occupied spaces above the established flood elevation. This FEMA requirement would be limited to a single project. For example, if the property owner submitted a permit application for work that was 35% of the structure’s value and then applied for an unrelated building permit later that was 20% of the structure’s value, the entire structure would not need to be upgraded to comply with NFIP design requirements. The FEMA Maps would become final on April 21, 2021. 7.C Packet Pg. 291 4 of 5 Staff recommends adopting the amended ordinance to ensure affected property owners remain eligible to purchase flood insurance through the NFIP. Public Outreach The community was notified of the pending updates to the Maps by both FEMA and the City. FEMA outreach included: • December 6, 2011 – Discovery meeting • October 26 & 27, 2015 – Flood Risk Review meetings • December 6 & 7, 2019 – Community Consultation Officer meetings City staff mailed notifications to affected property owners on October 10, 2017, and December 7, 2020, informing them of pending changes to the FEMA Maps and that their properties would now be in a SFHA. Staff received phone calls from several property owners in response to the October 2017 outreach. People who had technical questions, such as those regarding the development of the Maps, were put in contact with FEMA. Staff resolved other issues and questions. Staff received one response to the December 2020 outreach from the Jonathan Club regarding the different zones shown on the Maps and the effective date of those maps, and staff responded to those questions. Past Council Actions Meeting Date Description 12/2/08 (Attachment B) First reading of ordinance adding Floodplain Management Regulations to Article 7 of the Santa Monica Municipal Code 1/13/09 (Attachment C) Ordinance adding Chapter 7.68 to the Santa Monica Municipal Code establishing Floodplain Management Regulations Financial Impacts and Budget Actions There are no financial or budgetary impacts to the City as a result of the recommended action. 7.C Packet Pg. 292 5 of 5 Prepared By: Curtis Castle, Principal Civil Engineer Approved Forwarded to Council Attachments: A. Staff Report - December 2, 2008 (Web Link) B. Staff Report - January 13, 2009 (Web Link) C. FEMA FIRMs D. PW-Ord-FloodplainFEMAAmend-20210309 7.C Packet Pg. 293 SUNSET BLVD SUNSET BLVDSUNSET BLVDAMALFI DRAMALFI DRAMALFI DRAMALFI DRCHAUTAUQUA BLVDCHAUTAUQUA BLVDWILL ROGERS STATE PARK RD TOYOP A D R VIA DE LA PAZNAPOLI DRALMA REAL DR SAN VICENTE BLVDN RESEDA BLVDT E M E S C A L C A N Y O N R D GEORGINA AVESWARTHMORE AVECAPRI DRCHAUTAUQUA BLVDCORSICA DRI LI FF STHARTZELL STWILL ROGERS STATE PA RD OCAMPO DRHAVERFORD AVEGALLOWAY STFISKE STMONAC O D RA L B R I G H T S T BESTOR BLVD 11TH STBROOKTREE RDN RUSTIC CANYON RD D E P A U W S T W F RI ENDS STSAN LORENZO STLATIMER RDRADCLIFFE AVER I V A S C A N Y O N R DKAGAWA STC A R E Y S T PACIFIC COAST HWY ST EMBURY STB A S H F O R D S T ENTRADA DRR O M A N Y D R E CHANNEL RD12TH STGREENTREE RD10TH STMONUMENT S T CHAPALA D R MESA RDMONUMENT STLATIMER RD14TH ST EUCLID STRAVOLI DREVANS RDMC KENDREE AVE KINGMAN AVEVIA DE LAS OLAS C A SA LE R D W EARLHAM ST M A RINETTE RD D R U M M ON D S T E RUSTIC RDWHITFIELD AVE SORRE N T O D R SPOLETO DRP A M P A S R IC A S B L V D ALTAT A D R ALMOLOYA DR 9TH ST W RUSTIC RD LA CU MB R E D RTEMESCAL CANYON RDS Y CA MORE R DN BEIRUT AVEDRYAD RDFRONTERA DRMINORCA DR W O ODACRES RD CORONA DEL MAR SAN VICENTE BLVDHALDEMAN RD 15TH STGOUCHER STRIMMER AVEADELAIDE DRTOUL ON DR 16TH ST ORACLE PL VILLA VI EW DR VILLA GROVE DRCAMA R O S A D R P A V IA P L LOMBARD AVELINCOLN BLVD P A S K E N T A RDALBRIGHT STSUMAC LNR A M O S P LHAMPDEN PLHIGHTREE RDSA N O N O FR E D RB E R EA PLPATTERSON PL7TH ST VANCE ST UMEO RDUPPERSUNSET BLVD ESPARTA A L V A D R EL C E RCO PLVILLA WOODS DR RUSTIC WAY SPEZIA PL GALLAUDET PLWILL ROGERS STATE PA RD CHARM ACRES PLLA CRUZ DR ANTIOCH ST HILLSIDE LNWHITFIELD AVE 17TH STSULLIVAN FIRE RDBOWDOIN ALISAL LN BOWDOIN ST AMALFI DREL MEDIO PLHALDEMAN RDCARTHAGE ST W DESTE DR R A N C H L N RUSTICBOWDOINST SAGE LNSTASSI LN ATTILLA RD FOXTAIL ADELAIDE PLHILLTREE RD L U CCA DR ALTA MURA RD ALISAL CT MESITAWAY RUSTIC LN N SAN LORENZO ST ESPARTA WAY FERMO DR WINNETT GALE PL SAN LARKIN BORGOS PL ALTA MURA RD 18TH ST AMALFICT VILLA S VILLA GROVE DR ERMONT PL Rustic REMO DR Rustic Canyon LIMIT Rustic Los Angeles County Flood City of Los Angeles City of Los Angeles City of Los Angeles City of Santa Monica Boca de Santa Monica Land Grant San Vicente y Santa Monica Land Grant ZONE VE(EL 17) ZONE VE(EL 15) ZONE AE(EL 15) ZONE A ZONE A 228229 221 199 208 214 205 232 195 Bridge BridgeBridge LN City of Los Angeles060137 OFSTUDY 234 202 281 244 236 274 239 193 262 267 259 278 254 2512532 4 9 235.6WD 219.8WC 259.2WE 281.6 WF 192.8WA 204.8WB P51Rustic Canyon 060137 State Park 060137State Historic Park City of Los Angeles 060137 State Park 060159 060137 City of Los Angeles060137 PL PL DR San Vicente y Santa Monica Land Grant Pacific Ocean Santa CREEK LN Canyon MESA RD State Historic Park WOODS PL ZONE A ZONE AE Monica Bay ZONE A 1%-ANNUAL-CHANCE FLOOD DISCHARGE CONTAINED IN STRUCTURE Canyon Control Channel P1 359000mE 360000mE 361000mE 3767000mN 3768000mN 3769000mN 3770000mN 6405000 FT 6410000 FT 1835000 FT 1840000 FT 1845000 FT 118°31'52.5" 34°03'45"118°30'00" 34°03'45" 118°31'52.5" 34°01'52.5" 118°30'00" 34°01'52.5" FLOOD HAZARD INFORMATION NOTES TO USERS SCALE N Map Projection:Universal Transverse Mercator Zone 11N; North American Datum 1983;Western Hemisphere; Vertical Datum: NAVD 88 1 inch = 500 feet 1:6,000 0 1,000 2,000250500750feet 0 250 500125meters PANEL LOCATOR 15661562 1751 1569 1588 1558*1559 1564* 1580 1554 1568* 1567 1590 1752 1589* *PANEL NOT PRINTED LosAngelesCounty SPECIAL FLOODHAZARD AREAS OTHER AREAS OFFLOOD HAZARD OTHERAREAS Without Base Flood Elevation (BFE) With BFE or Depth Regulatory Floodway Area of Undetermined Flood Hazard Areas Determined to be Outside the 0.2% Annual Chance Floodplain Zone A,V, A99 Zone AE, AO, AH, VE, AR Zone X Zone D HTTP://MSC.FEMA.GOV THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTINGDOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT SEE FIS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP Cross Sections with 1% Annual ChanceWater Surface Elevation (BFE)Coastal Transect OTHERFEATURES Profile BaselineHydrographic FeatureBase Flood Elevation Line (BFE)Limit of StudyJurisdiction Boundary Coastal Transect Baseline 17.5 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileFuture Conditions 1% Annual Chance Flood HazardArea with Reduced Flood Risk due to LeveeSee Notes. Zone X Zone X Zone X NO SCREEN GENERALSTRUCTURES Levee, Dike, or Floodwall Channel, Culvert, or Storm Sewer 18.2 8 E For information and questions about this Flood Insurance Rate Map (FIRM), available products associatedwith this FIRM, including historic versions, the current map date for each FIRM panel, how to order products,or the National Flood Insurance Program (NFIP) in general, please call the FEMA Map Information eXchangeat 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Flood Map Service Center website athttp://msc.fema.gov. Available products may include previously issued Letters of Map Change, a FloodInsurance Study Report, and/or digital versions of this map. Many of these products can be ordered orobtained directly from the website. Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as wellas the current FIRM Index. These may be ordered directly from the Map Service Center at the number listedabove. For community and countywide map dates refer to the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your Insurance agent or call the NationalFlood Insurance Program at 1-800-638-6620. Base map information shown on this FIRM was derived from digital orthophotography collected by the CoastalService Center and U.S. Department of Agriculture Farm Service Agency. Coastal Service Center imagerywas flown in 2011 and was produced with a sub-meter ground sample distance. Department of Agricultureimagery was flown in 2014 and was produced with a 1-meter ground sample distance. NATIONAL FLOOD INSURANCE PROGRAMFLOOD INSURANCE RATE MAPLOS ANGELES COUNTY,CALIFORNIAand Incorporated Areas PANEL 1567 OF 2350 Panel Contains: MAP REVISED 06037C1567GMAP NUMBER 2.3.3.3VERSION NUMBER COMMUNITYLOS ANGELES, CITY OFSANTA MONICA, CITY OF SUFFIXGG PANEL15671567 NUMBER060137060159 PRELIMINARY10/28/2016 7.C.c Packet Pg. 294 Attachment: FEMA FIRMs (4422 : First Reading of an Ordinance Amending National Flood Insurance Program Requirements (20 mins)) PALISADES BEACH RD PACIFIC COAST HWY SANTA MONICA FWY E OCEAN AVE PACIFIC COAST HWY 4TH ST 2ND STGEORGINA AVESAN VICENTE BLVDMARGUERITA AVEIDAHO AVE3RD ST E N T R A D A D R PALISADES AVEALTA AVEW CHANNEL R D LINCOLN BLVD 4TH STADELAIDE DRMONTANA AVEOCEAN FRONT THE PROMENADE 7TH ST 5TH ST 9TH ST CORONA DEL MAR ALTA AVERevetment ZONE AE(EL 15) City of Santa Monica060159 CALIFORNIA INCLINE 7TH STCHAUTAUQUA 2ND CTMABERY RDE OCEAN AVEOCEAN AVE EXDOCEAN WAY 6TH ST MONTANA AVE10TH ST 4TH CT S A G E L NWILSHIRE BLVDMESA RDVANCE ST4TH CT E RUSTIC RDTOYOPA DRCHANNEL LN ALTATADR Rustic Canyon Los Angeles County Flood Control C h a n n e lCity of Los Angeles City of Santa Monica Boca de Santa San Vicente y Santa Monica Land Grant ZONE VE(EL 17) ZONE VE(EL 15) ZONE VE(EL 21) ZONE VE(EL 15) ZONE VE(EL 17) ZONE AE(EL 15) ZONE AE(EL 17) P53 P54P52 P55P51Pacific Ocean P1 P1 060137 BLVD 060159 Monica Land Grant 359000mE 360000mE 361000mE 3764000mN 3765000mN 3766000mN 6405000 FT 6410000 FT 1825000 FT 1830000 FT 118°31'52.5" 34°01'52.5"118°30'00" 34°01'52.5" 118°31'52.5" 34°00'00" 118°30'00" 34°00'00" FLOOD HAZARD INFORMATION NOTES TO USERS SCALE N Map Projection:Universal Transverse Mercator Zone 11N; North American Datum 1983;Western Hemisphere; Vertical Datum: NAVD 88 1 inch = 500 feet 1:6,000 0 1,000 2,000250500750feet 0 250 500125meters PANEL LOCATOR 1754 15661562 1751 1569 15881564*1568* 1753* 1567 1590 1752 1589* *PANEL NOT PRINTED LosAngelesCounty SPECIAL FLOODHAZARD AREAS OTHER AREAS OFFLOOD HAZARD OTHERAREAS Without Base Flood Elevation (BFE) With BFE or Depth Regulatory Floodway Area of Undetermined Flood Hazard Areas Determined to be Outside the 0.2% Annual Chance Floodplain Zone A,V, A99 Zone AE, AO, AH, VE, AR Zone X Zone D HTTP://MSC.FEMA.GOV THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTINGDOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT SEE FIS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP Cross Sections with 1% Annual ChanceWater Surface Elevation (BFE)Coastal Transect OTHERFEATURES Profile BaselineHydrographic FeatureBase Flood Elevation Line (BFE)Limit of StudyJurisdiction Boundary Coastal Transect Baseline 17.5 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileFuture Conditions 1% Annual Chance Flood HazardArea with Reduced Flood Risk due to LeveeSee Notes. Zone X Zone X Zone X NO SCREEN GENERALSTRUCTURES Levee, Dike, or Floodwall Channel, Culvert, or Storm Sewer 18.2 8 E For information and questions about this Flood Insurance Rate Map (FIRM), available products associatedwith this FIRM, including historic versions, the current map date for each FIRM panel, how to order products,or the National Flood Insurance Program (NFIP) in general, please call the FEMA Map Information eXchangeat 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Flood Map Service Center website athttp://msc.fema.gov. Available products may include previously issued Letters of Map Change, a FloodInsurance Study Report, and/or digital versions of this map. Many of these products can be ordered orobtained directly from the website. Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as wellas the current FIRM Index. These may be ordered directly from the Map Service Center at the number listedabove. For community and countywide map dates refer to the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your Insurance agent or call the NationalFlood Insurance Program at 1-800-638-6620. Base map information shown on this FIRM was derived from digital orthophotography collected by the CoastalService Center and U.S. Department of Agriculture Farm Service Agency. Coastal Service Center imagerywas flown in 2011 and was produced with a sub-meter ground sample distance. Department of Agricultureimagery was flown in 2014 and was produced with a 1-meter ground sample distance. NATIONAL FLOOD INSURANCE PROGRAMFLOOD INSURANCE RATE MAPLOS ANGELES COUNTY,CALIFORNIAand Incorporated Areas PANEL 1569 OF 2350 Panel Contains: MAP REVISED 06037C1569GMAP NUMBER 2.3.3.3VERSION NUMBER COMMUNITYLOS ANGELES, CITY OFSANTA MONICA, CITY OF SUFFIXGG PANEL15691569 NUMBER060137060159 PRELIMINARY10/28/2016 7.C.c Packet Pg. 295 Attachment: FEMA FIRMs (4422 : First Reading of an Ordinance Amending National Flood Insurance Program Requirements (20 mins)) RAILROADRAILROADBROADWAYBROADWAYSANTA MONICA BLVDOLYMPIC BLVDOLYMPIC BLVDCOLORADO AVECOLORADO AVEARIZONA AVEARIZONA AVE14TH ST 14TH ST WILSHIRE BLVD11TH ST 11TH ST LINCOLN BLVD LINCOLN BLVD 17TH ST 17TH ST PICO BLVD20TH ST 20TH ST LINCOLN BLVD 11TH ST 10TH ST OCEAN PARK BLVD12TH ST MICHIGAN AVE EUCLID ST 16TH STWASHINGTON AVECALIFORNIA AVE6TH ST 9TH ST 3R D ST 060159 HOLLISTER AVEMOSS AVESANTA MONICA BLVDPacific Ocean P1 7TH ST PEARL ST5TH ST 19TH ST MAIN ST 4TH ST CLOVERFIELD BLVD SANTA M ONICA F W Y 18TH ST 14TH ST 15TH ST LINCOLN CTIDAHO AVEGRANT STPACIFIC ST5TH ST MAPLE STDELAWARE AVEASHLAND AVEEUCLID ST 2ND ST 4TH ST 10TH ST NEILSO N W AY 16TH ST 2ND ST 3RD ST 2 6TH ST4TH ST 7TH STCEDAR STE OCEAN AVE PINE STSTRAND STAVE11TH ST 11TH ST 060137 City of Santa Monica060159 PACIFIC COAST H W Y MAIN ST OZONE AVEAPPIAN W AY ASHLAND AVEBAY STBICKNELL AVEBAY ST6TH ST 18TH ST HILL STS PICO PLOAK ST19TH ST PACIFIC STMICHIGAN AVEB A R N A R D W AY 7TH ST EUCLID CT HILL STS ANTA M ONICA FW Y HIG HLA ND AVE HILL PL N6TH CT 10TH CT CALIFORNIA AVE9TH CT EUCLID ST 9TH ST 12TH ST NAVY STRAYMOND AVEMARINE ST10TH ST 9TH ST BEVERLY AVE HILL ST7TH ST ASHLAND PL NPIER AVEOCEAN PARK PL SLINCOLN CT SAM OHS ALY MARINE STSTRAND STO CEA N AVE GRANT STNEILSO N W AY HIG HLA ND AVE PIER AVEGLE N N AVE Revetment PICO BLVD22ND ST 7TH ST 7TH AVEHILL PL NHOLLISTER AVEMARINE STVIRGINIA AVE22ND ST OCEAN PARK BLVDROSE AVECOLORADO AVE16TH ST RAYMOND AVE4TH ST OCEAN AVEW ILSON PLCOPELAND CTBERN AR D AVE 11TH CT EUCLID CT 9TH CT 21ST CT 21ST ST P1 P2 P2 21ST ST 7TH ST PACIFIC STSUNSET AVE5TH ST 24TH ST BAY STEUCLID ST 6TH ST 17TH ST 12TH ST PENNSYLVANIAPINE ST6TH ST ARCADIA TERPICOBLVD 15TH ST FRASER AVECEDAR STHART AVEVICENTE TERRevetment Revetment R UTH AVE 18TH ST 10TH ST ASHLAND PL21ST ST 11T H C T 24TH ST PARK DR OLYMPIC BLVD9TH ST SEASIDE TER10TH CT 4TH CT TAFT WAY23RD ST EUCLID CT 6TH ST 21ST ST O CEA N W AY PICO PLHOLLISTER AVERevetment 6TH AVE SEAVIEWTER BEACH STMILLS ST21ST ST LINCOLN CT SPLIT RD 15TH ST 10TH ST 19TH ST 16THST 18TH ST SANTA MONICA FWYS A N T A M O N IC A F W Y k10 k10 City of Los Angeles City of Santa Monica La Ballona Land Grant San Vicente y Santa Monica Land Grant ZONE VE(EL 15) ZONE VE(EL 21) ZONE VE(EL 15) P55 P56P54 362000mE 363000mE 364000mE 3764000mN 3765000mN 3766000mN 6415000 FT 1825000 FT 1830000 FT 118°30'00" 34°01'52.5"118°28'07.5" 34°01'52.5" 118°30'00" 34°00'00" 118°28'07.5" 34°00'00" FLOOD HAZARD INFORMATION NOTES TO USERS SCALE N Map Projection:Universal Transverse Mercator Zone 11N; North American Datum 1983;Western Hemisphere; Vertical Datum: NAVD 88 1 inch = 500 feet 1:6,000 0 1,000 2,000250500750feet 0 250 500125meters PANEL LOCATOR 1751 1569 1588 1567 1590 1752 1589* *PANEL NOT PRINTED LosAngelesCounty SPECIAL FLOODHAZARD AREAS OTHER AREAS OFFLOOD HAZARD OTHERAREAS Without Base Flood Elevation (BFE) With BFE or Depth Regulatory Floodway Area of Undetermined Flood Hazard Areas Determined to be Outside the 0.2% Annual Chance Floodplain Zone A,V, A99 Zone AE, AO, AH, VE, AR Zone X Zone D HTTP://MSC.FEMA.GOV THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTINGDOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT SEE FIS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP Cross Sections with 1% Annual ChanceWater Surface Elevation (BFE)Coastal Transect OTHERFEATURES Profile BaselineHydrographic FeatureBase Flood Elevation Line (BFE)Limit of StudyJurisdiction Boundary Coastal Transect Baseline 17.5 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileFuture Conditions 1% Annual Chance Flood HazardArea with Reduced Flood Risk due to LeveeSee Notes. Zone X Zone X Zone X NO SCREEN GENERALSTRUCTURES Levee, Dike, or Floodwall Channel, Culvert, or Storm Sewer 18.2 8 E For information and questions about this Flood Insurance Rate Map (FIRM), available products associatedwith this FIRM, including historic versions, the current map date for each FIRM panel, how to order products,or the National Flood Insurance Program (NFIP) in general, please call the FEMA Map Information eXchangeat 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Flood Map Service Center website athttp://msc.fema.gov. Available products may include previously issued Letters of Map Change, a FloodInsurance Study Report, and/or digital versions of this map. Many of these products can be ordered orobtained directly from the website. Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as wellas the current FIRM Index. These may be ordered directly from the Map Service Center at the number listedabove. For community and countywide map dates refer to the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your Insurance agent or call the NationalFlood Insurance Program at 1-800-638-6620. Base map information shown on this FIRM was derived from digital orthophotography collected by the CoastalService Center and U.S. Department of Agriculture Farm Service Agency. Coastal Service Center imagerywas flown in 2011 and was produced with a sub-meter ground sample distance. Department of Agricultureimagery was flown in 2014 and was produced with a 1-meter ground sample distance. NATIONAL FLOOD INSURANCE PROGRAMFLOOD INSURANCE RATE MAPLOS ANGELES COUNTY,CALIFORNIAand Incorporated Areas PANEL 1588 OF 2350 Panel Contains: MAP REVISED 06037C1588GMAP NUMBER 2.3.3.3VERSION NUMBER COMMUNITYLOS ANGELES, CITY OFSANTA MONICA, CITY OF SUFFIXGG PANEL15881588 NUMBER060137060159 PRELIMINARY10/28/2016 7.C.c Packet Pg. 296 Attachment: FEMA FIRMs (4422 : First Reading of an Ordinance Amending National Flood Insurance Program Requirements (20 mins)) M AIN S TROSE AVE5 T H A V ESUNSET AVE4T H A V E WESTMINSTER AVESP EE D W AY H A M PTO N D R 6TH AVE B A R N A R D W AY VERNON AVEINDIANA AVEP A CIFIC A V EBROOKS AVEP A CIFIC A V E ABBOT KINNEY BLVD 3RD AVE ELECTRIC AVEROSE CTBROOKS CTBROADW AY STN EILS O N W AY MARINE STR O Y A L C T MARKET STVENICE WAYPALOMA AVEM AIN ST NAVY ST2ND ST BROOKS AVEDUDLEY AVEBROOKS CTFLO W ER AVEMARKET ST INDIANA CTW INDW ARD AVEOZONE AVEMILDRED AVEGRANADA CTBROADW AY CTWINDWARD AVE3RD ST HORIZON AVEFLOW ER CTSAN JUAN AVEDUDLEY CTCABRILLO AVE DIM MICK AVE ROSE CTREN NIE AVE ALHAMBRA CTSUNSET AVEOZONE CTPARK AVETOLEDO CTBREEZE AVEWAVECREST AVE WAVECREST AVE CLUBHOUSE AVE S T R O N G S D RMARINE CTNAVY CTC A N A L S T18TH AVEPIER AVE19TH AVE20TH AVEWINDWARDCIR IN N E S P LPALOMA CTSUNSET CTVALENCIA CTPARK PLTHORNTONBREEZE CTCLUBHOUSEAVEVISTA PLRevetment PARK CT17TH PL25TH AVE18TH PLE VERNON CTARTHUR L 19TH PLHORIZON CT 17TH AVE20TH PLZEPHYR CT CENTER CT P A CIFIC A V E VIRGINIA CT 23RD PLM AIN S T ARAGON CT Pacific Ocean City of Los Angeles City of Los Angeles City of Santa Monica La Ballona Land Grant ZONE VE(EL 15) ZONE AE(EL 8) ZONE AE(EL 8) ZONE VE(EL 16) ZONE VE(EL 15) ZONE VE(EL 17) P58P57 P59P56060137 Pacific Ocean 060159 ROSE AVE060137 CTREESE CT RIVIER A AVE N VENICE BLVD SPE E D W AY SPEE D W AY GRAND BLVD S VENICE BLVD 23RD AVE24TH PL 24TH AVE ALBERTA AVE P A R K R O W D R W ESTMINSTER AVE362000mE 363000mE 364000mE 3760000mN 3761000mN 3762000mN 3763000mN 6415000 FT 1815000 FT 1820000 FT 118°30'00" 34°00'00"118°28'07.5" 34°00'00" 118°30'00" 33°58'07.5" 118°28'07.5" 33°58'07.5" FLOOD HAZARD INFORMATION NOTES TO USERS SCALE N Map Projection:Universal Transverse Mercator Zone 11N; North American Datum 1983;Western Hemisphere; Vertical Datum: NAVD 88 1 inch = 500 feet 1:6,000 0 1,000 2,000250500750feet 0 250 500125meters PANEL LOCATOR 1754 1751 1569 15881568* 1753* 1752 1589* *PANEL NOT PRINTED LosAngelesCounty SPECIAL FLOODHAZARD AREAS OTHER AREAS OFFLOOD HAZARD OTHERAREAS Without Base Flood Elevation (BFE) With BFE or Depth Regulatory Floodway Area of Undetermined Flood Hazard Areas Determined to be Outside the 0.2% Annual Chance Floodplain Zone A,V, A99 Zone AE, AO, AH, VE, AR Zone X Zone D HTTP://MSC.FEMA.GOV THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTINGDOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT SEE FIS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP Cross Sections with 1% Annual ChanceWater Surface Elevation (BFE)Coastal Transect OTHERFEATURES Profile BaselineHydrographic FeatureBase Flood Elevation Line (BFE)Limit of StudyJurisdiction Boundary Coastal Transect Baseline 17.5 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileFuture Conditions 1% Annual Chance Flood HazardArea with Reduced Flood Risk due to LeveeSee Notes. Zone X Zone X Zone X NO SCREEN GENERALSTRUCTURES Levee, Dike, or Floodwall Channel, Culvert, or Storm Sewer 18.2 8 E For information and questions about this Flood Insurance Rate Map (FIRM), available products associatedwith this FIRM, including historic versions, the current map date for each FIRM panel, how to order products,or the National Flood Insurance Program (NFIP) in general, please call the FEMA Map Information eXchangeat 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Flood Map Service Center website athttp://msc.fema.gov. Available products may include previously issued Letters of Map Change, a FloodInsurance Study Report, and/or digital versions of this map. Many of these products can be ordered orobtained directly from the website. Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as wellas the current FIRM Index. These may be ordered directly from the Map Service Center at the number listedabove. For community and countywide map dates refer to the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your Insurance agent or call the NationalFlood Insurance Program at 1-800-638-6620. Base map information shown on this FIRM was derived from digital orthophotography collected by the CoastalService Center and U.S. Department of Agriculture Farm Service Agency. Coastal Service Center imagerywas flown in 2011 and was produced with a sub-meter ground sample distance. Department of Agricultureimagery was flown in 2014 and was produced with a 1-meter ground sample distance. NATIONAL FLOOD INSURANCE PROGRAMFLOOD INSURANCE RATE MAPLOS ANGELES COUNTY,CALIFORNIAand Incorporated Areas PANEL 1751 OF 2350 Panel Contains: MAP REVISED 06037C1751GMAP NUMBER 2.3.3.3VERSION NUMBER COMMUNITYLOS ANGELES, CITY OFSANTA MONICA, CITY OF SUFFIXGG PANEL17511751 NUMBER060137060159 PRELIMINARY10/28/2016 7.C.c Packet Pg. 297 Attachment: FEMA FIRMs (4422 : First Reading of an Ordinance Amending National Flood Insurance Program Requirements (20 mins)) 1 City Council Meeting March 9, 2021 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING CHAPTER 7.68 OF THE SANTA MONICA MUNICIPAL CODE TO UPDATE THE CITY’S FLOODPLAIN ORDINANCE TO MEET FEMA REQUIREMENTS FOR FLOOD INSURANCE WHEREAS, the City participates in the National Flood Insurance Program (NFIP), which was established with the National Flood Insurance Act of 1968 and is administered by the Federal Emergency Management Agency (FEMA); and WHEREAS, by participating in the NFIP, Santa Monica property owners are eligible to purchase federally subsidized flood insurance; and WHEREAS, on January 13, 2009, Council adopted the existing ordinance, Chapter 7.68 of the City’s Municipal Code; and WHEREAS, FEMA has notified the City of changes to the minimum requirements of the NFIP, which in turn require updates to the Municipal Code to ensure the City remains in good standing with the NFIP; and WHEREAS, Engineering staff recommends that Council adopt the amended ordinance Chapter 7.68 to maintain eligibility for property owners to purchase flood insurance; 7.C.d Packet Pg. 298 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section Chapter 7.68 is hereby amended to read as follows: Chapter 7.68 FLOODPLAIN MANAGEMENT REGULATIONS 7.68.010 Statement of purpose Statutory Authorization. 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 does hereby adopt the following floodplain management regulations. 7.68.020 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 applying legally enforceable regulations applied uniformly throughout the City 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; (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; 7.C.d Packet Pg. 299 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 3 (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 (hg) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 7.68.020 7.68.030 Methods of reducing flood losses. In order to 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 result in damaging increases in erosion or flood heights or velocities; (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; (d) Control filling, grading, dredging, and other development which may increase flood damage; and (e) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 7.C.d Packet Pg. 300 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 4 7.68.030 7.68.040 Definitions. Unless specifically defined below for purposes of this Chapter 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 Chapter its most reasonable application. “A zone.” See “Special flood hazard area.” “Accessory structure” means a structure that is either: (1) solely for the parking of no more than two cars; or (2) a small, low cost shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value. “Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. “Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this Chapter. “Area of special flood hazard.” See “Special flood hazard area.” “Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). Base flood is the term used throughout this Chapter. “Base flood elevation (BFE)” means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. “Basement” means any area of the building having its floor subgrade (i.e., below ground level) on all sides. 7.C.d Packet Pg. 301 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 5 “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 an registered engineer or architect registered in the State of California and shall meet the following conditions: (1a) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2b) 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. “Building.” See “Structure.” “Coastal high hazard area” means the Special Flood Hazard Areas (SFHAs) along the coasts that have additional hazards due to wind and wave action. These areas are identified on Flood Insurance Rate Maps (FIRMs) as zones V, V1-V30 and VE.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. 7.C.d Packet Pg. 302 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 6 “Development” means any human made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this Chapter. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). “Flood, flooding or flood water” means: (1a) 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 (2b) The condition resulting from flood related erosion. 7.C.d Packet Pg. 303 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 7 “Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. “Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See “Flooding.” “Floodplain Administrator” means the City Engineer is the Director of the Department of Public Works. “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 Ffederal, Sstate, 7.C.d Packet Pg. 304 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 8 or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93 and TB 7-93 and updates thereto. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “regulatory floodway.” “Floodway fringe” is that area of the floodplain on either side of the “regulatory floodway” where encroachment may be permitted. “Fraud and victimization” as related to Section 7.68.190 7.68.220 of this Chapter, means that the variance granted must not cause 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 7.C.d Packet Pg. 305 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 9 that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. “Governing body” is the City Council of the City. “Hardship” as related to Section 7.68.190 7.68.220 of this Chapter means the exceptional hardship that would result from a failure to 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. “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: (1a) 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; 7.C.d Packet Pg. 306 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 10 (2b) 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; (3c) 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 (4d) Designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District in accordance with Article 9.Designated City landmarks or contributing structures in an adopted historic district. “Lowest floor” means: (a) the lowest floor of the lowest enclosed area, including basement (see “Basement”). (1b) 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: (A1) The flood openings standard in Section 7.68.140150(c)(3); (B2) The anchoring standards in Section 7.68.140150(a); (C3) The construction materials and methods standards in Section 7.68.140150(b); and (D4) The standards for utilities in Section 7.68.150160. 7.C.d Packet Pg. 307 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 11 (2c) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement”). This prohibition includes below- grade garages and storage areas. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” as defined by the Floodplain Administrator in accordance with the procedures established in Section 7.68.110120(b). “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this Chapter, and includes any subsequent improvements to such structures. “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 7.C.d Packet Pg. 308 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 12 concrete pads) is completed on or after the effective date of the ordinance codified in this Chapter. “Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. “One hundred year flood” or “100-year flood.” See “Base flood.” “Primary frontal dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward 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. “Program deficiency” means a defect in the City’s a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. “Public safety and nuisance” as related to Section 7.68.220190 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. 7.C.d Packet Pg. 309 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 13 ”Recreational vehicle” means a vehicle which is: (1a) Built on a single chassis; (2b) Four hundred square feet or less when measured at the largest horizontal projection; (3c) Designed to be self-propelled or permanently towable by a light-duty truck; and (4d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. “Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. “Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Sstate or Ffederal financial exposure with regard to the structure or other development. “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 an FHBM or FIRM as Zones A, VE or V. 7.C.d Packet Pg. 310 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 14 “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 one year hundred eighty 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 fifty percent of the market value of the structure before the damage occurred. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. 7.C.d Packet Pg. 311 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 15 This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (1a) 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 (2b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” “V zone.” See “Coastal high hazard area.” “Variance” means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. “Violation” means the failure of a structure or other development to be fully compliant with this Chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. “Zone A” See “Special Flood Hazard Area” 7.C.d Packet Pg. 312 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 16 “Zone V” See “Coastal High Hazard Area” 7.68.040 7.68.050 Lands to which this chapter applies. This Chapter shall apply to all special flood hazard areas within the City. 7.68.050 7.68.060 Basis for establishing the areas of special flood hazard. The most recent 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 (FIRMs) dated September 26, 2008, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this Chapter 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 FIRMs are on file with the City’s Public Works Department. 7.68.060 7.68.070 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 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 7.668.080 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 7.C.d Packet Pg. 313 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 17 ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 7.68.080 7.68.090 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 (c) Deemed neither to limit nor repeal any other powers granted under federal or sState statutes. 7.68.090 7.68.100 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 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, 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 Chapter or any administrative decision lawfully made hereunder. 7.68.100 7.68.110 Designation of the Floodplain Administrator. The City Engineer or his or her designee Director of the Department of Public Works is hereby appointed to serve as the Floodplain Administrator to administer, implement, and enforce this Chapter by granting or denying development permits in 7.C.d Packet Pg. 314 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 18 accord with its provisions. The Floodplain Administrator may delegate in writing the duties, responsibilities, and authority granted under this chapter. 7.68.110 7.68.120 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 Sstate and Ffederal 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 one foot at any point within the City; and (5) All letters of map revision (LOMRs) 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 (CLOMRs). Approved CLOMRs 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. 7.C.d Packet Pg. 315 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 19 (1) Using FEMA publication FEMA 213 and any updates thereto, “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 7.68.060050 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 Section 7.68.150140. Note: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995. (d) Notification of Other Agencies. (1) Alteration or relocation of a watercourse: (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. 7.C.d Packet Pg. 316 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 20 (2) Base Flood Elevation changes due to physical alterations: (A) Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR). (B) All LOMRs 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 (CLOMRs). Approved CLOMRs 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. (e)(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. (ef) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: (1) Certification required by Section 7.68.150140(c)(1) (lowest floor elevations); (2) Certification required by Section 7.68.150140 (c)(2) (elevation or floodproofing of nonresidential structures); (3) Certification required by Section 7.68.150140 (c)(3) (wet floodproofing standard); 7.C.d Packet Pg. 317 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 21 (4) Certification of elevation required by Section 7.68.170160(a)(3) (subdivisions and other proposed development standards); (5) Certification required by Section 7.68.200180(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. (fg) Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 7.68.140130. (gh) Remedial Action. Take action to remedy violations of this Chapter as specified in Section 7.68.070060. (hi) Biennial Report. Complete and submit Biennial Report to FEMA. (ij) Planning. Assure that the City’s community’s General Plan is consistent with floodplain management objectives herein. 7.68.120 7.68.130 Floodplain development permit. No person shall develop or erect any structures, including manufactured homes, within any special flood hazard area without first obtaining Aa 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.C.d Packet Pg. 318 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 22 7.68.050. Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information: (a) Plans in duplicate, drawn to scale, showing: (1) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; (2) Proposed locations of water supply, sanitary sewer and other utilities; (3) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; (4) Location of the regulatory floodway when applicable; (5) Base flood elevation information as specified in Sections 7.68.060050 or 7.68.110120(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 7.68.150140(c)(2) of this Chapter and detailed in the most recent FEMA technical guidanceTechnical 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. 150140 (c)(2). (c) For a crawl-space foundation, location and total net area of foundation openings as required in chapter 7.68. 150140 (c)(3) of this Chapter and detailed in the most recent FEMA tTechnical guidanceBulletins 1-93 and 7-93. 7.C.d Packet Pg. 319 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 23 (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (e) All appropriate certifications listed in Section 7.68.120110(e) of this Chapter. 7.68.130 7.68.140 Appeals. The City CouncilDirector of Public Works 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. The appeal shall be filed in writing to the Director of Public Works within 15 days of action pertaining to the floodplain development permit. Appeals of the determination of the Director of Public Works shall be made to the City Council within 15 days of action pertaining to the floodplain development permit. All appeals shall describe, in detail, the facts and/or law asserted as the basis for the appeal. 7.68.140 7.68.150 Standards of construction. In all areas of special flood hazards the following standards are required: (a) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: (1) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation; 7.C.d Packet Pg. 320 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 24 (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: (A) In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under Section 7.68.120110(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 7.68.150140(c)(1) or: (A) Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 7.68. 150140 (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 7.C.d Packet Pg. 321 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 25 (C) Be certified by a registered civil engineer or architect that the standards of Section 7.68. 150140 (c)(2)(A) and (B) are satisfied. Such certification shall be provided to the Floodplain Administrator. (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 natural 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 (B) Be certified by a registered civil engineer or architect. (4) Manufactured Homes. See Section 7.68.190170. (5) Garages and Low Cost Accessory Structures. (A) Attached Garages. 7.C.d Packet Pg. 322 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 26 (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. 150140 (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 most recent FEMA technical guidanceTechnical Bulletin TB-6. (B) Detached Garages and Accessory Structures. (i) “Accessory structures” used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 7.68.040030, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: a. Use of the accessory structure must be limited to parking or limited storage; b. The portions of the accessory structure located below the BFE must be built using flood-resistant materials; c. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; e. The accessory structure must comply with floodplain encroachment provisions in Section 7.68.200180; and 7.C.d Packet Pg. 323 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 27 f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 7.68. 150140 (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. 150140. 7.68.150 7.68.160 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: (1) Infiltration of flood waters into the systems; and (2) Discharge from the systems into flood waters. (b) On site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. 7.68.160 7.68.170 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 fifty lots or five 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 7.C.d Packet Pg. 324 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 28 land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the Floodplain Administrator: (A) Lowest floor elevation, (B) Pad elevation, (C) Lowest adjacent grade. (b) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. (c) All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (d) All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 7.68.170 7.68.180 Standards for recreational vehicles. (a) All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE will either: (1) Be on the site for fewer than one hundred eighty 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 7.68.130120. 7.68.190 Standards for Manufactured Homes. 7.C.d Packet Pg. 325 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 29 (a) All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion 10 an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: (A) Within Zones A 1-30, AH, and AE on the City's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (B) Within Zones V1-30, V, and VE on the City's Flood Insurance Rate Map, meet the requirements of Section. (b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A 1-30, AH, AE, V1- 30, V, and VE on the City's Flood Insurance Rate Map that are not subject to the provisions of Section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: (1) Lowest floor of the manufactured home is at or above the base flood elevation; or 7.C.d Packet Pg. 326 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 30 (2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the City building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 7.68.180 7.68.200 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 A1-30 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 one 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. 7.C.d Packet Pg. 327 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 31 (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 7.68.150140. 7.68.210. Coastal High Hazard Areas. Within coastal high hazard areas, Zones V, V1-30, and VE, as defined in Section 7.68.040, the following standards shall apply: (a) All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. (b) All new construction and other development shall be located on the landward side of the reach of mean high tide. (c) All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 7.68.040 of this ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. (d) Fill shall not be used for structural support of buildings. 7.C.d Packet Pg. 328 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 32 (e) Man-made alteration of sand dunes which would increase potential flood damage is prohibited (f) The Floodplain Administrator shall obtain and maintain the following records: (1) Certification by a registered civil engineer or architect that a proposed structure complies with this Section; and (2) The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 7.68.190 7.68.220 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 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 Chapter 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 7.C.d Packet Pg. 329 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 33 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 Chapter 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 7.68.040030) 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. (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 7.C.d Packet Pg. 330 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 34 necessary” means to afford relief with a minimum of deviation from the requirements of this Chapter. 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 Citycommunity 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 twenty-five dollars for one hundred dollars 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 Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (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) Consideration of FactorsAppeal Board. (1) In passing upon requests for variances, the Flood Plain AdministratorCity shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, 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; 7.C.d Packet Pg. 331 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 35 (C) 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; (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; (B) Determination that failure to grant the variance would result in exceptional “hardship” to the applicant; and 7.C.d Packet Pg. 332 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 36 (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) areis 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 7.68.220(c)(1)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 Chapter. 7.68.230 Fees The fees for each service provided in the administration and enforcement of this Chapter shall be as set forth by Resolution of the City Council based on the estimated reasonable cost of providing the service, except for penalties. 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 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 7.C.d Packet Pg. 333 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program 37 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: _________________________ GEORGE S. CARDONA Interim City Attorney 7.C.d Packet Pg. 334 Attachment: PW-Ord-FloodplainFEMAAmend-20210309 (4422 : First Reading of an Ordinance Amending National Flood Insurance Program