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
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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
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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
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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
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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
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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
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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
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