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HomeMy WebLinkAbout607NOT ADOPTED ORDINANCE NO. 607 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDAL REGULATING FLOODPLAIN MANAGEMENT AND AMENDING THE/ IRWINDALE MUNICIPAL CODE Section 1. The Irwindale Municipal Code at Article 8 is here amended to add a new Chapter 8.32 to read as follows: FLOODPLAIN MANAGEMENT SECTION: 8.32.010 Title. 8.32.020 Statutory Authority. 8.32.030 Purpose. 8.32.040 Definitions. 8.32.050 General Provisions. 8.32.060 Administration. 8.32.070 Provisions for Flood Hazard Ruction. 8.32.010 Title. The ordinance codified in this C pter shall be known as the "Floodplain Management Ordinance" of the C' of Irwindale and may be referred to as such. 8.32.020 Statutory Au The Legislature of the Vie of California has in Government Code Sections 65302, 65560, and 65PEO conferred upon local government units authority to adopt regulations de ned to promote the public health, safety, and general welfare of its citize . Therefore, the City Council of the City of Irwindale does hereby adopt the lowing floodplain management regulations. 8.32.030 Yu rpose. The pure e of this ordinance is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in 7spec' areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; Ordinance No. 607 Page 1 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 d gas mains; electric, telephone and sewer lines; and street nd bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the soun se and development of areas of special flood hazard so as minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that prope is in an area of special flood hazard; and H. Ensure that those who occupy the areas of s cial flood hazard assume responsibility for their actions. 8.32.040 Definitions. A. "Area of special flood h/whihas the land in the floodplain within a community subjercent or greater chance of flooding in any given year. B. "Base flood" means a floone percent chance of being equaled or exceeded in m given year (also called the "100 -year flood"). Base term used throughout this ordinance. C. "Building" — see "StruAre". D. "Development" ans any man-made change to improved or unimproved real tate, including, but not limited to, buildings or other structures, mi ' g, dredging, filling, grading, paving, excavation or drilling opera ' ns or storage of equipment or materials. E. "Flood olooding" means: 1. a neral and temporary condition of partial or complete inundation normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface ?waters from any source; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water & deposited along the path of the current. 2. the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or Ordinance No. 607 Page 2 suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition. F. "Floodplain or flood -prone area" means any land area suscepti to being inundated by water from any source — see "Flooding". G. "Floodplain Administrator" is the City Engineer or his/herd ignee appointed to administer and enforce the floodplainma gement regulations. H. "Floodplain management" means the operation f an overall program of corrective and preventive measures f reducing flood damage and preserving and enhancing,/not' possible, natural resources in the floodplain, including but d to emergency preparedness plans, flood control worksin management regulations, and open space plans. I. "Floodplain management/.This n ' means this ordinance and other zoning ordinances, regulations, building codes, health regulations, special dinances (such as grading and erosion control) and other of police powers which control development in flood-proneis term describes federal, state or local regulations in any cothereof which provide standards for preventing and reducingnd damage. J. "Historic structure" meAs any structure that is 1. listed individually the National Register of Historic Places (a listing maintainja y the Department of Interior) or preliminary determined the Secretary of the Interior as meeting the requiremenfor individual listing on the National Register; 2. certified Vpreliminary determined by the Secretary of the Interior as cont ' uting to the historical significance of a registered historic distri or a district preliminarily determined by the Secretary to qu ' as a registered historic district; 3. i vidually listed on a state inventory of historic places in states ith historic preservation programs which have been approved by the Secretary of Interior; or individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior. K. "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 Ordinance No. 607 Page 3 required utilities. The term "manufactured home" does not include a "recreational vehicle". L. "Manufactured home park or subdivision" means a parcel contiguous parcels) of land divided into two or more manufacti home lots for rent or sale. M. "New construction", for floodplain management purpose means structures for which the "start of construction" commenced or after - 2006, the effective date of this chapter an hall include any subsequent improvements to such structure as well as substantial improvement to structures after such date N. "One -hundred -year flood" or "100 -year flood"Zsee "Base flood." O. "Recreational vehicle" mean/he is 1. built on a single chassis; 2. 400 square feet or less wat the largest horizontal projection; 3. designed to be self-propeently towable by a light- duty truck; and 4. designed primarily not formanent dwelling but as temporary living quarternal, camping, travel, or seasonal use. P. "Start of constructi ' means the date the building permit was issued, provided the tual start of construction, repair, reconstruction, rehabilitation, addi ' n, placement, or other improvement was within 180 days from t date of the permit. The actual start means either the first place nt of permanent construction of a structure on site, such as the uring of slab or footings, the installation of piles, the constructio of columns, or any work beyond the stage of excavation; or the pl ement of a manufactured home on a foundation. Permanent constr ion does not include land preparation, such as clearing, grad' , and filling; nor does it include the installation of streets and/or wa ays; nor does it include excavation for a basement, footings, rs, or foundations or the erection of temporary forms; nor does it clude 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 the building, whether or not that alteration affects the external dimensions of the building. Ordinance No. 607 Page 4 Q. "Structure" means a walled and roofed building that is principally above ground; this includes, but is not limited to, a gas or liquid storage tank or a manufactured home. R. "Substantial damage" means damage of any origin sustained a structure whereby the cost of restoring the" -structure to its ore damaged condition would equal or exceed 50 percent of the arket value of the structure before the damage occurred. S. "Substantial improvement" means any rec/The , habilitation, addition, or other proposed new developmenre, the cost of which equals or exceeds 50 percent of value of the structure before the It of construction" vement. This term includes structures which have incurtial damage regardless of the actual repair work perforerm does not, however, include either 1. any project for improvement of a ructure to correct existing violations or state or local he sanitary, or safety code specifications which have bee identified by the local code enforcement official and whic are the minimum necessary to assure safe living conditions, 2. any alteration of a "historic tructure", provided that the alteration will not preclude the struc re's continued designation as a "historic structure". 8.32.050 General Provision A. LANDS TO WHIC THIS ORDINANCE APPLIES.. This ordinance shall apply to all as identified as flood -prone within the jurisdiction of the City of Irwin le. B. B/avable ESTABLISHING FLOOD -PRONE AREAS. The Fministrator shall obtain, review and utilize any base flood dfrom other Federal or State agencies or other source to iprone areas within the jurisdiction of Irwindale. This data wat the Public Works Department located at 5050 North Inue, Irwindale, California 91706. C. COMPLIANCE. No structure or land shall hereafter be constructed, I extended, converted, or altered without full compliance with the term of this ordinance and other applicable floodplain management regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Ordinance No. 607 Page 5 from taking such lawful action as is necessary to prevent or remedy any violation. D. ABROGATION AND GREATER RESTRICTIONS. This /clict not intended to repeal, abrogate, or impair any existing covenants, or deed restrictions. However, where this or another ordinance, easement, covenant, or deed restrictiooverlap, whichever imposes the more stringent restri prevail. E. INTERPRETATION. This ordinance shall be liberall onstrued and deemed neither to limit nor repeal any other pow granted under state statues. F. WARNING AND DISCLAIMER OF LIABILIT The degree of flood protection required by this ordinance is c sidered reasonable for regulatory purposes and is based on cientific and engineering considerations. Larger floods can and ill occur on rare occasions. Flood heights may be increased by m -made or natural causes. This ordinance does not imply that land tside the areas of special flood hazards or uses permitted within ch areas will be free from flooding or flood damages. This ordina shall not create liability on the part of the City, any officer or em p ee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for y flood damages that result from reliance on this ordinance or y administrative decision lawfully made hereunder. 8.32.060 Adminis A. ESTA/BHFNT OF DEVELOPMENT PERMIT. A development permia obtained for all proposed construction or other develin the community, including the placement of manuhomes, so that it may be determined whether such constother development is within flood -prone areas. B./D IGNATION OF THE FLOODPLAIN ADMINISTRATOR. The odplain Administrator is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following. Ordinance No. 607 Page 6 1. Permit Review. Review all development permit applications to determine that a. permit requirements of this ordinance have been satisfied, b. all other required state and federal permits have been obtaine , and c. the site is reasonably safe from flooding. 2. Review and Use of Any Other Base Flood Data. Obta' , review and reasonably utilize any base flood data available om other Federal or State agency or other source. 8.32.070 Provisions for Flood Hazard Reduction A. STANDARDS OF CONSTRUCTION. If a pro sed building site is in a flood -prone area, all new construction 10substantial improvements, including manufactured h4fles, shall: 1. Be designed (or modified) and equately anchored to prevent flotation, collapse or eral movement of the structure resulting from by dynamic and hydrostatic loads, including the effects of b yancy. 2. Be constructed a. with material nd utility equipment resistant to flood damage; b. using me ds and practices that minimize flood damag C. wit ectrical, heating, ventilation, plumbing and air c ditioning equipment and other service facilities at are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. B./delopment, ARDS FOR SUBDIVISION OR OTHER PROPOSED NEW OPMENT. If a subdivision proposal or other proposed new including manufactured home parks or subdivisions, ood-prone area, any such proposals shall be reviewed to hat: 1. All such proposals are consistent with the need to minimize flood damage within the flood -prone area; 2. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and Ordinance No. 607 Page 7 3. Adequate drainage is provided to reduce exposure to flood hazards. C. STANDARDS FOR UTILITIES. 1. All new and replacement water supply and sanitary sew e systems shall be designed to minimize or eliminate: a. infiltration of flood waters into the systems; and b. discharge from the systems into flood waters. 2. On-site waste disposal systems shall be loca d to avoid impairment to them, or contamination from them d ing flooding. Section 2. Severability. This ordinance and the vari parts thereof are hereby declared to be severable. Should any section this ordinance be declared by the courts to be unconstitutional or invalid, uch decision shall not affect the validity of the ordinance as a whole, or anrtion thereof other than the section so declared to be unconstitutional or inva ' . Section 3. Certification. The City Clerk II certify to the passage of this Ordinance and shall cause the same to b ublished and/or posted at the designated locations in the City of Irwindale. PASSED, APPROVED, and AD TED this day of 2006. Julian A. Miranda, Mayor ATTEST: Linda J. KimbZk MC Deputy City C Ordinance No. 607 Page 8 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do herebyceigy that the foregoing Ordinance No. 607 was duly introduced at a regular 6tingof the City Council of the City of Irwindale held on the 9t" day of August 20 , and was duly passed at a regular meeting of the City Council of the City of lZi ale held on the day of , by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Linda J. Kimbro, CMC Deputy City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City CI , certify that I caused a copy of Ordinance No. 607, adopted by the City Council of the City of Irwindale at its regular meed eld , 2006, to be posted at the City Hall, Library, and Post Office on . 2006. ff Dated: Linda J. Kimbro, Cke Deputy City lNedif Ordinance No. 607 Page 9