ORD 441 ORDINANCE NO. 441
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
FLOODPLAIN REGULATIONS, AND ADDING CHAPTER 15.42 TO TITLE 15 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings.
(a) The City of Rancho Palos Verdes (the "City") seeks to participate in
the National Flood Insurance Program (NFIP) in order for owners of property in flood-
prone areas within the City to qualify for federally subsidized flood insurance protection.
(b) As a condition of participation in the NFIP, the City is required to
adopt and enforce a floodplain management ordinance that complies with NFIP
regulations, in order to minimize the hazards of flooding.
(c) All legal prerequisites to the adoption of this Ordinance have
occurred.
(d) The City Council hereby finds and determines that there is no
possibility that adoption of this Ordinance may have a significant effect on the
environment because the purpose of the ordinance is to prevent homes and other
structures from being constructed in flood-prone areas. Therefore, pursuant to §
15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations, the adoption
of this Ordinance is exempt from the requirements of the California Environmental
Quality Act ("CEQA"), as amended, and the CEQA Guidelines promulgated thereunder.
Section 2. Title_ 15 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Chapter 15.42 thereto to read as follows:
"CHAPTER 15.42
FLOODPLAIN MANAGEMENT
Sections:
15.42.010. Statutory Authorization.
15.42.020. Purpose.
15.42.030 Definitions.
15.42.040. Applicability.
15.42.050. Compliance.
15.42.060. Abrogation and Greater Restrictions.
15.42.070. Interpretation.
15.42.080. Approval of Development in Flood-Prone Areas.
15.42.090. Warning and Disclaimer of Liability.
15.42.100. Designation of the Floodplain Administrator.
15.42.110. Duties and Responsibilities of the Floodplain
Administrator.
15.42.120. Standards of Construction.
15.42.130. Standards for Subdivisions or Other Proposed New
Development.
15.42.140. Standards For Utilities.
15.42.010. Statutory Authorization. In adopting Government Code Sections
65302, 65560, and 65800, the Legislature of the State of California conferred
upon local governmental entities the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Therefore,
the City Council of the City of Rancho Palos Verdes does hereby adopt the
following floodplain management regulations.
15.42.020. Purpose. To establish land use regulation for properties situated in
flood-prone areas so as to:
(a) Minimize property damage due to flood conditions and safeguard
public health, safety and general welfare;
(b) Protect human life and health;
(c) Minimize expenditure of public money for costly flood control
projects;
(d) Minimize the need for rescue and relief efforts associated with
flooding, which generally are undertaken at the expense of the general public;
(e) Minimize prolonged business interruptions;
(f) 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 hazards;
(g) 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;
(h) Require that potential property buyers are notified that property is in
an area of special flood hazard; and
(i) Require that those who occupy the areas of special flood hazard
assume responsibility for their actions.
15.42.030 Definitions. Unless specifically defined below, words or phrases
Ordinance No. 441
Page 2 of 9
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) Area of special flood hazard shall mean the land in the floodplain
within the City subject to a one percent (1%) or greater chance of flooding in any
given year.
(b) Base flood shall mean a flood which has a one percent (1%)
chance of being equaled or exceeded in any given year (also called a 100 year
flood).
(c) Development shall mean any manmade change to improved or
unimproved real property, including but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials, as defined in Section 17.96.560
of this Code.
(d) Flood or flooding shall mean a general and temporary condition of
partial or complete inundation of normally dry land areas from: (1) the overflow of
inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface
waters from any source; (3) the collapse or subsidence of land along the shore of
a body of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused by an
unusual and unforeseeable event that results in flooding, as defined in this
definition.
(e) Floodplain or flood prone area shall mean any land area
susceptible to being inundated by water from any source (see definition of
flooding).
(f) Floodplain Administrator shall mean the Director of Public Works.
(g) Floodplain management shall mean 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,
and floodplain management regulations.
(h) Floodplain management regulations shall mean zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose
ordinances (such as a floodplain ordinance, grading ordinance and erosion
control ordinance) and other applications of police power that control
development in flood-prone areas. This term describes federal, state or local
regulations in any combination thereof, which provide standards for preventing
and reducing flood loss and damage.
Ordinance No. 441
Page 3 of 9
(i) Governing body shall mean the City Council of the City of Rancho
Palos Verdes.
(j) Historic structure shall mean any structure that is:
(1) Listed individually in the National Register of Historic Places
(a listing maintained by the United States Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved by the
Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified either
by an approved state program, as determined by the Secretary of the Interior, or
directly by the Secretary of the Interior in states with approved programs.
(k) Manufactured home shall mean 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 connected to the required utilities.
Under this chapter, this term does not include a recreational vehicle.
(I) Manufactured home park or subdivision shall mean a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for
rent or sale.
(m) New construction shall mean structures for which the "start of
construction" commenced on or after the effective date of this chapter, and
includes any subsequent improvements to such structures.
(n) One hundred year flood shall have the same meaning as the term
"base flood."
(o) Recreational vehicle shall mean any motor home, camper, house or
tent trailer that may be used by persons for temporary occupancy (such as
recreational, camping, travel or seasonal use), regardless of whether it has its
own motor or is to be towed by a motorized vehicle. Recreational vehicle does
not mean a manufactured home or mobile home.
Ordinance No. 441
Page 4 of 9
(p) Start of construction includes substantial improvement and other
proposed new development and shall mean the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement occurs within 180 days
from the date of issuance 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 manufactured 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 to an existing structure, 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.
(q) Structure shall mean anything that is built or placed on top of the
ground, including a gas or liquid storage tank, as defined in Section 17.96.040 of
this Code.
(r) Substantial damage shall mean damage of any origin sustained by
a structure whereby the cost of restoring the structure to its pre-damaged
condition would equal or exceed fifty percent (50%) of the market value of the
structure before the damage occurred.
(s) Substantial improvement shall mean any repair, reconstruction,
rehabilitation, addition, or other proposed new development of a structure, the
cost of which equals or exceeds fifty percent (50%) of the market value of the
structure before the "start of construction" of the improvement. This term
includes structures which have incurred "substantial damage," regardless of the
actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing
violations or state or local health, sanitary, or safety code specifications that have
been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
(2) Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation as an "historic
structure."
15.42.040. Applicability. The provisions of this chapter shall apply to all
areas identified as being within a floodplain or within a flood-prone area within
the City of Rancho Palos Verdes.
Ordinance No. 441
Page 5 of 9
15.42.050. Compliance. No structure or lot or parcel of land shall hereafter be
constructed, located, extended, converted, or altered without full compliance with
this chapter and other applicable regulations. A violation of any of the provisions
of this chapter (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall
prevent the City Council from taking such lawful action as is necessary to prevent
or remedy any violation.
15.42.060. Abrogation and Greater Restrictions. This chapter is not
intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
15.42.070. Interpretation. In the interpretation and application of this chapter,
all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under
state statutes.
15.42.080. Approval of Development in Flood-Prone Areas. The Floodplain
Administrator or his or her designee shall review applications for proposed
construction or other development in the City, including the placement of
manufactured homes, pursuant to which he or she shall determine whether such
construction or development is within flood-prone areas. If the Floodplain
Administrator or his or her designee determines that such construction or
development is proposed to be within flood-prone areas, he or she shall require
such proposed construction or development to be constructed in compliance with
this chapter.
15.42.090. 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. Flood
heights may be increased by manmade or natural causes. Larger floods can and
will occur on rare occasion. 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, the City Council or by any officer or employee of the City of Rancho
Palos Verdes, the State of California, or the Federal Insurance Administration,
Federal Emergency Management Agency, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made hereunder.
Ordinance No. 441
Page 6 of 9
15.42.100. Designation of the Floodplain Administrator. The Director of
Public Works is hereby appointed to administer, implement, and enforce this
chapter.
15.42.110. Duties and Responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
(a) Permit Review. Review all development permit applications to
determine that:
(1) The requirements of this chapter have been satisfied;
(2) All other required state and federal permits have been
obtained; and
(3) The site is reasonably safe from flooding.
(b) Establishment of Flood-Prone Areas. The Floodplain Administrator
shall obtain, review, and reasonably utilize any base flood data available from
any federal or state agency or other source to identify flood-prone areas within the
City. This data will be on file at Rancho Palos Verdes City Hall in the Department
of Public Works.
15.42.120. Standards of Construction. If a proposed building site is located
in a flood-prone area, the following standards must be met:
(a) Anchoring. All new construction and substantial improvements,
including manufactured homes, shall be designed or modified to 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.
(1) All new construction and substantial improvements, including
manufactured homes, shall be constructed with materials and utility equipment
resistant to flood damage;
(2) All new construction and substantial improvements, including
manufactured homes, shall be constructed using methods and practices that
minimize flood damage;
(3) All new construction and substantial improvements, including
manufactured homes, shall be constructed with electrical, heating, ventilation,
Ordinance No. 441
Page 7 of 9
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.
15.42.130. Standards for Subdivisions or Other Proposed New
Development. If a subdivision proposal or other proposed new development,
including manufactured home parks or subdivisions, is in a flood-prone area, any
such proposals shall be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood
damage within the flood-prone area;
(b) All such proposals have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize or
eliminate flood damage; and
(c) All such proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
15.42.140. Standards For Utilities.
(a) All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of flood waters into
the systems and 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."
Section 3. A new Section 16.04.070 is hereby added to Chapter 16.04 of Title
16 of the Rancho Palos Verdes Municipal Code to read as follows:
"16.04.070 Review for development within flood-prone areas. The Director
of Planning, Building and Code Enforcement shall consult with the Floodplain
Administrator (Director of Public Works) to determine whether an application proposes
new construction or other development within a flood-prone area, as defined in Chapter
15.42 of Title 15 of the Rancho Palos Verdes Municipal Code."
Section 4. A new Section 17.76.170 is hereby added to Chapter 17.76 of Title
17 of the Rancho Palos Verdes Municipal Code to read as follows:
"17.76.170 Review for development within flood-prone areas. The Director of
Planning, Building and Code Enforcement shall consult with the Floodplain
Administrator (Director of Public Works) to determine whether an application proposes
new construction or other development within a flood-prone area, as defined in Chapter
15.42 of Title 15 of the Rancho Palos Verdes Municipal Code."
Ordinance No. 441
Page 8 of 9
Section 5. Severability. The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences and
words of this Ordinance shall remain in full force and effect.
Section 6. The City. Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published in the manner required by law.
PASSED AND ADOPTED this 15th day of August 2006.
4.111t f _dot
►4 .yor
Attest:
artime
Cit lerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes)
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 441 passed first reading on August 1, 2006, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
August 15, 2006, and that the same was passed and adopted by the following roll call
vote:
AYES: Clark, Gardiner, Long, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
ABSTAIN: None
Cit lerk
Ordinance No. 441
Page 9 of 9
Ajli!
RANCHO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on August 17, 2006, she caused to be posted the following document entitled:
ORDINANCE NO. 441 -AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING FLOODPLAIN REGULATIONS ,AND ADDING CHAPTER 15.42 TO TITLE 15
OF THE RANCHO PALOS VERDES MUNICIPAL CODE, a copy of which is attached
hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
.....o."10-e.-,(3,-,.:" 1\10...i
ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 441 -Adopting Floodplain Regulations.doc