ORD 645 ORDINANCE NO. 645
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING AND REPLACING CHAPTER 15.42
(FLOODPLAIN MANAGEMENT) TO TITLE 15 (BUILDINGS
AND CONSTRUCTION) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE.
WHEREAS, he City of Rancho Palos Verdes seeks to participate in the National
Flood Insurance Program (NFIP), a program of the Federal Emergency Management
Agency (FEMA), in order for owners of property in flood-prone areas within the City to
qualify for federally subsidized flood insurance protection.
WHEREAS, 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.
WHEREAS, the City Council of the City of Rancho Palos Verdes adopted a
floodplain management ordinance pursuant to Ordinance No. 441 on August 15, 2006.
WHEREAS, when a community receives new or updated flood maps, FEMA
must conduct a technical review of the floodplain regulations of all communities in the
mapping study area, regardless of whether the communities are receiving new flood
zones and/or base flood elevations. The City was included in the study area boundaries
of the Open Pacific Coast Study and is receiving a new Coastal High Hazard Zone VE
to its local floodplain hazard maps.
WHEREAS, FEMA's Letter of Determination (LFD) was mailed out to the City of
Rancho Palos Verdes on October 21, 2020 and the effective date of the revised flood
maps is April 21, 2021. Under the NFIP, communities are to adopt changes,to their
floodplain management regulations, as identified by FEMA as. part of its technical
review, by the map's effective date.
WHEREAS, on December 15, 2020, the City received correspondence from
FEMA's Floodplain Management Specialist for Los Angeles County and all incorporated
cities, indicating that FEMA had conducted a technical reviews of the floodplain
management regulations and Community Assistance Visitations for the territory's NFIP
communities. The representative provided changes needed to the floodplain
management regulations required for the City's continued participation in the NFIP.
WHEREAS, the City Council finds that this ordinance reflects the necessary
changes to the City's floodplain management ordinance, as directed by FEMA.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been
met.
WHEREAS, the City Council finds 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The forgoing recitals are true and correct and are incorporated
herein by this reference.
Section 2: Chapter 15.42 (Flood Plain Management) of Title 15 (Buildings and
Construction) of the Rancho Palos Verdes Municipal Code is repealed and replaced
with the following (deleted text shown in strike through and added text shown in bold
italics):
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 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;
01203 0006/705723 1
Ordinance No.645
Page 2 of 19
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
q
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 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.
"Area of special flood hazard" means the land in the floodplain within the city
subject to a one percent or greater chance of flooding in any given year.
"Base flood" means a flood, which has a one percent chance of being equaled or
exceeded in any given year (also called a one hundred year flood).
"Base flood elevation"means the elevation shown on the Flood Insurance
Rate Map for Zones A and VE that indicates the water surface elevation resulting
from a flood that has a 1-percent or greater chance of being equaled or exceeded
in any given year.
"Basement"means any area of the building having its floor subgrade - i.e.,
below ground level- on all sides.
"Breakaway walls"are any type of walls, whether solid or lattice, and
whether constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which is not part of the structural support of the
building and which is designed to break away under abnormally high tides or
wave action without causing any damage to the structural integrity of the building
on which they are used or any buildings to which they might be carried by flood
waters. A breakaway wall shall have a safe design loading resistance of not less
than 10 and no more than 20 pounds per square foot.
Use of breakaway walls must be certified by a registered engineer or
architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood; and
01203 0006/705723 1
Ordinance No.645
Page 3 of 19
2. The elevated portion of the building shall not incur any structural
damage due to the effects of wind and water loads acting simultaneously in the
event of the base flood.
"Coastal high hazard area"means an area of special flood hazard
extending from offshore to the inland limit of a primary frontal dune along an
open coast and any other area subject to high velocity wave action from storms
or seismic sources. It is an area subject to high velocity waters, including coastal
and tidal inundation or tsunamis. The area is designated on a Flood Insurance
Rate Map (FIRM) as Zones A and VE.
"Development" means any man-made 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.
"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) was completed before August 15, 2006.
"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" or"flooding" means 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.
"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.
"Floodplain" or "flood-prone area" means any land area susceptible to being
inundated by water from any source (see definition of flooding).
"Floodplain administrator" means the director of public works.
01203 0006/705723 1
Ordinance No.645
Page 4 of 19
"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, and floodplain management
regulations.
"Floodplain management regulations" means 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.
"Floodplain variance"means a grant of relief from the requirements of this
ordinance which permits construction in a manner that would otherwise be
prohibited by this ordinance.
"Governing body" means the city council of the city of Rancho Palos Verdes.
"Highest adjacent grade"means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
"Natural grade"means the vertical location of the ground surface unaltered by
artificial means.
"Historic structure" means 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.
"Lowest floor"means the lowest floor of the lowest enclosed area,
including basement.
01203 0006/705723 1
Ordinance No.645
Page 5of19
"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 connected to the required utilities. Under this chapter, this
term does not include a recreational vehicle.
"Mean sea level"means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NA VD) of 1988, or other datum, to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
"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.
"New construction" means 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.
"New manufactured home park or subdivision"means a manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed(including at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) was completed on or after August 15, 2006.
"One hundred year flood" shall have the same meaning as the term "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.
"Recreational vehicle" means
1. Aaany 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.
2. A vehicle built on a single chassis; 400 square feet or less when
measured at the largest horizontal projection; designed to be self-propelled or
permanently towable by a light-duty truck; and designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
"Sand dunes"mean naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
01203 0006/705723 1
Ordinance No.645
Page 6 of 19
"Special flood hazard area (SFHA)"means an area in the floodplain subject
to a 1 percent or greater chance of flooding in any given year. It is shown on an
FHBM or FIRM as Zone A and VE.
"Start of construction" means and 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 one hundred eighty 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.
"Structure" means anything that is built or placed on top of the ground, including
a gas or liquid storage tank, as defined in Section 17.96.2040 of this Code, and
includes a manufactured home.
"Substantial damage" means 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 of the market value of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction, rehabilitation,
addition, or other proposed new development 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. This term includes structures that 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."
"V zone"- see "Coastal high hazard area."
01203 0006/705723 1
Ordinance No.645
Page 7 of 19
"Zone"— all references to Zone in this chapter shall be to Flood Insurance
Rate Maps zones.
15.42.040 -Applicability.
The provisions of this chapter shall apply to all areas ' '
=== = - ' === - 4: * " - of special flood hazards within the city of
Rancho Palos Verdes.
15.42.050- Basis for establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency
Management Agency(FEMA) in the "Flood Insurance Study(FIS) for Los Angeles
County, California"dated December 2, 1980, with accompanying Flood Insurance
Rate Maps (FIRMs)and Flood Boundary and Floodway Maps (FBFMs), dated
December 2, 1980 and all subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this ordinance. This FIS and
attendant mapping is the minimum area of applicability of this ordinance and may
be supplemented by studies for other areas which allow implementation of this
ordinance and which are recommended to the City Council by the Floodplain
Administrator. The study, FIRMs and FBFMs are on file with Public Works.
15.42.050060- 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 111
violations of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Nothing in this chapter shall prevent the city council from
taking such lawful action as is necessary to prevent or remedy any violation.
15.42.060070 -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.
15.42.070080 - 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
01203 0006/705723 1
Ordinance No.645
Page 8 of 19
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
15.42.080090-Approval of development in flood-prone areas.
The floodplain administrator or his or her designee shall review applications for
proposed construction, substantial improvements, 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.
15.42.090100 -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 man-made 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.
15.42.095105- Review development permits.
Development'permits for all proposed development and substantial
improvements/substantial damage in the city, as defined in Section 17.96.560,
including the placement of manufactured homes, shall be reviewed so that it can be
determined whether such construction or development is within flood-prone areas. The
floodplain administrator shall not allow development within a flood-prone area unless
the applicant has obtained all necessary permits from those governmental agencies
whose approval is required by federal, state, or local law.
01203.0006/705723.1
Ordinance No.645
Page 9 of 19
15.42.400110- Designation of the floodplain administrator.
The director of public works is designated as the floodplain administrator to
administer, implement, and enforce this chapter by reviewing development permits in
flood-prone areas of the city, by ensuring compliance with the provisions of this chapter,
and by preventing development in flood-prone areas in the city unless the applicant has
obtained all necessary permits from those governmental agencies whose approval is
required by federal, state, or local law.
15.42.140120 - 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, including
determinations of substantial improvement and substantial damage of existing
structures;
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.
C. 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; and
b. Submit evidence of such notification to the Federal Emergency
Management Agency.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator shall submit or
assure that the permit applicant submits technical or scientific data to FEMA for a
Letter of Map Revision (LOMR).
01203 0006/705723 1
Ordinance No.645
Page 10 of 19
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.
D. 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.
15.42. 130 - Standards of construction.
If a proposed building site is located in the effective Special
Flood Hazard 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 below the effective base flood elevation and one-foot freeboard;
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, plumbing and air
conditioning equipment and other service facilities that are elevated to the effective
base flood elevation and one-foot freeboard, are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of
flooding as certified by a registered civil engineer or architect.
C. Elevation certification.
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 community building inspector to be properly
elevated. Such certification and verification shall be provided to the Floodplain
Administrator.
D. Flood vent openings.
01203 0006/705723 1
Ordinance No.645
Page 11 of 19
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:
1. For non-engineered openings:
a. 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;
b. The bottom of all openings shall be no higher than one foot above
grade;
c. 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
d. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter; or
2. Be certified by a registered civil engineer or architect.
15.42. 140 - 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.
15.42.150— Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved
within Zones V and VE, on sites located: (1) outside of a manufactured home park
or subdivision; (2) in a new manufactured home park or subdivision; (3) in an
01203 0006/705723 1
Ordinance No.645
Page 12 of 19
expansion to 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 meet the
requirements of Section 15.42.170 (Coastal high hazard areas).
B. All manufactured homes to be placed or substantially improved on
sites in an existing manufactured home park or subdivision within Zones V, and
VE on the effective Flood Insurance Rate Map that are not subject to the
provisions of 15.42.150(A) 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 and one-foot freeboard; or
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 community building inspector to be properly
elevated. Such certification and verification shall be provided to the Floodplain
Administrator.
15.42.160 Standards for recreational vehicles.
A. All recreational vehicles placed in Zones VE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
3. Meet the permit requirements,of Section 15.42.120 (Duties of the
floodplain administrator) and the elevation and anchoring requirements for
manufactured homes in Section 15.42.150 (Standards for Manufactured Homes).
B. Recreational vehicles placed on sites within Zone VE on the effective
Flood Insurance Rate Map will meet the requirements of Section 15.42.170
(Coastal high hazard areas).
15.42.170- Coastal high hazard areas.
I
01203.0006/705723.1
Ordinance No.645
Page 13 of 19
Within Zone VE coastal high hazard areas, 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 and one-foot
freeboard. 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 2 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. Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood.
E. Fill shall not be used for structural support of buildings.
F. Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
G. 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 Section 15.42.170.A; 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.
15.42.440180 - Standards for utilities.
01203 0006/705723 1
Ordinance No. 645
Page 14 of 19
A. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into the systems and
discharge from the systems into floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
15.42.190- Floodplain variances.
A. Purpose.
1. The issuance of a floodplain variance under this chapter 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
floodplain variance.
2. A floodplain variance may be granted fora parcel of property with
physical characteristics so unusual that complying with the requirements of this
ordinance would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be unique to the property
and not be shared by adjacent parcels. The unique characteristic must pertain to
111 the land itself, not to the structure, its inhabitants, or the property owners.
3. It is the duty of the city council to help protect the citizens of Rancho
Palos Verdes from flooding. This need is so compelling and the implications of
the cost of insuring a structure built below flood level are so serious that
floodplain variances from the flood elevation or from other requirements in the
flood ordinance shall be granted sparingly. The long term goal of preventing and
reducing flood loss and damage can only be met if floodplain variances are
strictly limited. Therefore, the floodplain variance guidelines provided in this
ordinance are more detailed and contain multiple provisions that must be met
before a floodplain variance can be properly granted. The criteria are designed to
screen out those situations in which alternatives other than a floodplain variance
are more appropriate.
B. Conditions For Floodplain variances.
1. Generally, floodplain 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 15.42.130 through 15.42.180 of this chapter have been
fully considered. As the lot size increases beyond one half acre, the technical
II justification required for issuing the floodplain variance increases.
2. Floodplain variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair or rehabilitation
01203 0006/705723 1
Ordinance No.645
Page 15 of 19
will not preclude the structure's continued designation as a historic structure and
the floodplain variance is the minimum necessary to preserve the historic
character and design of the structure.
3. Floodplain variances shall not be issued within any mapped
regulatory floodway if any increase in flood levels during the base flood
discharge would result.
4. Floodplain variances shall only be issued upon a determination that
the floodplain variance is the minimum necessary considering the flood hazard,
to afford relief. "Minimum necessary"means to afford relief with a minimum of
deviation from the requirements of this ordinance. For example, in the case of
floodplain variances to an elevation requirement, this means the city council 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 council
believes will both provide relief and preserve the integrity of this ordinance.
5. Any applicant to whom a floodplain variance is granted shall be
given written notice over the signature of a community official that:
a. The issuance of a floodplain variance to construct a structure below
the base flood level will result in increased premium rates for flood insurance up
to amounts as high as $25 for$100 of insurance coverage, and
b. Such construction below the base flood level increases risks to life
and property. It is recommended that a copy of the notice shall be recorded by
the Floodplain Administrator in the Office of the Los Angeles 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 floodplain
variance actions, including justification for their issuance, and report such
floodplain variances issued in its biennial report submitted to FEMA.
C. Appeals Board.
1. In passing upon requests for floodplain variances, the city council
shall consider all technical evaluations, all relevant factors, standards specified
in other sections of this ordinance, and the:
a. Danger that materials may be swept onto other lands to the injury of
others;
b. Danger of life and property due to flooding or erosion damage;
01203 0006/705723 1
Ordinance No.645
Page 16 of 19
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. Floodplain variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the floodplain variance would
result in exceptional "hardship" to the applicant; and
c. Determination that the granting of°a floodplain 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. Floodplain 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 this
subsection Sections 15.42.19O(C) are satisfied and that the structure or other
development is protected by methods that minimize flood damages during the
01203 0006/7.05723 1
Ordinance No.645,
Page 17 of 19
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 15.42.190(B)(1) and the
purposes of this ordinance, the city council may attach such conditions to the
granting of floodplain variances as it deems necessary to further the purposes of
this ordinance.
Section 3. Severability. The City Council hereby declares, if any provision,
section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered
or declared invalid or unconstitutional by any final action in a court of competent
jurisdiction or by reason of any preemptive legislation, then the City Council would have
independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, phrases or words of this ordinance and as such they shall remain in full
force and effect.
Section 4. Publication. The City Clerk shall certify as to the passage and
adoption of this Ordinance and shall cause the same to be published in a manner
prescribed by law.
Section 5. CEQA. The City Council has considered this Ordinance and finds that
this project is exempt from the requirements of the California Environmental Quality Act
("CEQA"). The project is categorically exempt from CEQA as an action by a regulatory
agency, as authorized by state law or local ordinance, to ensure the maintenance,
restoration, enhancement, or protection of the environment under Section 15308 of the
CEQA Guidelines. This Ordinance does not contemplate any construction activities, and111
there is no evidence to suggest that the Ordinance will result in a significant impact on
the environment, including impacts due to unusual circumstances. Further, as a
separate and independent ground, the City Council finds that the Ordinance is covered
by the general rule that CEQA applies only to projects that have the potential for
causing a significant effect on the environment. Because it can be seen with certainty
that there is no possibility that the Ordinance will have a significant effect on the
environment, the Ordinance is not subject to CEQA pursuant to State CEQA Guidelines
Section 15061 (b)(3).
Section 6. This ordinance shall become effective and enforceable on the 31st
day after adoption by the City Council.
Section 7. The time within which judicial review of the decision reflected in this
Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
01203 0006/705723 1
Ordinance No.645
Page 18 of 19
PASSED, APPROVED, AND ADOPTED this 20th day of April, 2021.
Eric Alegria, NA‘:yor
Attest
Em ' Colborn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 645 passed first reading on April 6, 2021, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on April 20,
2021, and that the same was passed and adopted by the following roll call vote:
AYES: Bradley, Dyda, Cruikshank, Ferraro and Mayor Alegria
NOES: None
ABSENT: None
ABSTAIN: None
Emily o •orn, City Clerk
01203 0006/705723 1
Ordinance No.645
Page 19 of 19
{��y�fF r
rr�� riv �f
Afrizt i
�lr F/f"
F
rF
c3
C ITY OF RANCHO PALOS VERDES
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 Deputy City Clerk of
the City of Rancho Palos Verdes;
That on April 21, 2021, she caused to be posted the following document
entitled: ORDINANCE NO. 645, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES REPEALING AND REPLACING
CHAPTER 15.42 (FLOODPLAIN MANAGEMENT) TO TITLE 15
(BUILDINGS AND CONSTRUCTION) 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.
c--- 6,,, ,z44..6.4-606,__.
Depu y City Clerk