HomeMy Public PortalAboutOrd. 1485
ORDINANCE NO. 148s
AN ORDINANCE OF THE CITY OF LYNWOOD
AIVIENDING CERTAIN SECTIONS OF CHAPTER 15
OF THE LYNWOOD iVIUNICIPAL CODE RELATING TO
FLOOD DAMAGE PREVENTION AND DECLARING
THE URGENCY THEREOF
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THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS
FOLLOWS:
Section 1. Section 15.5 of chapter 15 of the Lynwood Municipal code is hereby
amended as follows:
Accesso~ y use shall mean a z~se which is incidental and subordinate Co the principal use
of the parcel of land on which it is located.
Area of shallow flooding shall mean a designated ^~~ AO, AH, AR/AO or AR/AH
Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to
three (1' to 3') feet; a clearly defined chaiulel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be °~ ~~~ evident. Such flow
is characterized by ponding or sheet flow.
Area of special flood hazard see Special flood hazard area.
AR Zone shall mean a special flood.aone area that results from the decertification of a
previously accredited flood protection system that is determined to be in process of being
restored to provide a 100 year or greater level of flood protection.
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Developed areas. The City of Lynn~ood for purposes of this ordinance is a developed area
according to the following definitions:
a. A primary urbanized, built-up area that is a minimum of 20 contiguous acres,
has basic urban infrastructure, including roads, utilities, communications, and public
facilities, to sustain industrial, residential, and commercial activities, and
1. within which 7~ percent or more of the parcels, tracts, or lots contain
commercial, industrial, or residential structures or uses; or
2. is a single parcel, tract, or lot in N~hich 75 percent of the area contains
existing commercial or industrial structures or uses; or
3. is a subdivision developed at a density of at least ttivo residential
structures per acre within which 75 percent or more of the lots contain existing
residential structures.
b. Undeveloped parcels, tracts, or lots, the combination of which is less that 20
acres and contiguous on at least three (3) sides to the areas meeting the criteria of
paragraph 1.
c. A subdivision that is a minimum of 20 contiguous acres that has obtained all
necessary government approvals, provided that the actual "start of construction " of
sty°uclures has occurred on at least:
1. 10 percent of the lots or remaining lots of a subdivision or
2. 10 percent of the maximum building coverage or remaining building
coverage allowed for a single lot subdivision
and construction of strucl~ure is underway. Residential subdivisions must meet the
density criteria in paragraph 1. c.
d. Developed area was determined by aerial photographic maps, water main
maps, sewer line maps, and zoning map.
Encroachment shall mean the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
Existing manufactured homeparks or subdivision shall mean a manufactured homepark
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain managemenC
regulations adopted by the City of Lynwood.
Expansion to an existing manufactured home park or subdivision shall mean 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.
Floodplain Administrator shall be the individual appointed to administer and enforce the
floodplain management regulations.
Flood plain or flood }~ee~prone shall mean any land susceptible to being inundated by
water from any source. (See definition of "flooding").
Floodway fi^inge is that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
Fraud and victimization as related to chapter I5-19 Variances, of this ordinance, shall
mean that the variance granted must not cause fraud on or victimization of the public. In
examining this requirement, the City Council of the City of Lynwood, will consider the
fact that every newly constructed building adds to the governments responsibilities and
remains part of the community for fifty to one-hundred years. Buildings that are
permitted to be constructed below the base flood elevation are subject during all those
years to increased risk of damage from floods, while future owners of the property and
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community as a whole are subject to all the costs, inconvenience, dangef°, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only at
very high, flood insurance rates.
Governing Body is the local governing unit that is empowered to adopt and implement
regulations to provide for the public health, safety and general welfare of its citizenry.
Hardship as related to chapter 15-19, Variances, of this ordinance shall mean the
exceptional hardship that would resulC,from a failure to grant the requested variance.
The City Council requires that the variance be exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal prefc-rends, or tl~e
disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional
hardship. All these problems can be resolved through other means without granting a
variance, even if the alternative is more expensive, or requii°es the property owner to
build elsewhere or put the parcel to a different use than originally intended.
Historical structure shall mean any structure that is:
a. listed individually in the National Register of Historic Places (a list
maintained by the Department of Interior) or preliminary determined by the Secretary of
Interior as meeting the requirements for individual listing on the National Register;
b. certified or preliminary determined by the Secretary of Interior as contributing
Co the historical significance of a registered historic district or a district preliminary
determined by the Secretary to qualify as a registered historic district,
c. 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
d. individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by the state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior
without approved programs.
Levee shall mean aman-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
Levee system shall mean a flood protection system which consists o a levee, or levees,
and associated structures, such as closures and drainage devices, which are constructed
and operated in accord with sound engineering practices.
New manufactured home park and subdivision shall mean a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective dale offloodplain management
regulations adopted by the City of Lynwood.
Obstruction shall include, but is not limited to, any dam, wall, what f embankment; levee,
dike, pile, abutment protection, excavation, channelization, ,bridge, conduit, culvert;
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or~other material in,
along, across, or projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood being
carried down stream.
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Public safely and nuisance as relayed to chapter I5-19, Variances, of this ordinance shall
mean that the granting of a variance must not result in anything which is injurious to
safely or health of an entire community or neighborhood, or any considerable number of
persons, or unlawfully obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
Regulatory floodway shall mean the channel of a river or other watercourse and the
adjacent land area that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one foot.
Special flood hazard area (SFHA) shall mean ~ ^''^<~~~~ ° ^' ~^^~ ^r ~'^^~ ~'°~^~°~
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~-an area in the floodplain subjected to a one percent or greater chance of flooding in
any given year. It is shown on a FIRM as Zone A, AU Al-A30, AE, A99, AR/AI -A30,
AIUAE, AR/AO, AR1AH, AR/A, AH, VI -V30, VE or V.
Substantial damage shall mean damage of any origin sustained by a structure whereby
the cosy of restoring the structure to its. before damage condition would equal or exceed
SO percent of the market value of the structure before the damage occurs.
Water surface elevation shall mean the height, in relation to the National geodetic
Vertical Datum (NGVD) of 1929, (or other datum where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal and riverine areas.
Watercourse shall mean a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial,flood damage may occur.
Section 2. Section 15-7 of Chapter 15 of the Ly~~wood Municipal code shall be
made to reflect as follows:
The area of special flood hazard identified by the Federal Emergency Management
Agency or the Federal Insurance Administration in a scientific and engineering report
entitled "Flood Insurance Study for the City of Lynwood dated {-I-9~-}- July 6, 1998 and
all subsequent amendments and/or revisions, with an accompanying Flood Insurance
Rate Map, dated July 6, 1998 and all subsequent amendments and/or revisions, is
adopted by reference and declared to be part of this chapter. This flood insurance study is
on file at 11330 Bullis Road, City of Lynwood. This flood insurance study is the
minimum area of applicability of this chapter and may be supplemented by studies for
other areas which allow implementation of this chapter and which are recommended to
the City Council by the Floodplain Administrator.
Section 3. Section 15-1 lA shall be added to Chapter 15 of the Lynwood
Municipal code and shall read as follows:
1 ~-IIA SEVERABILITY
This ardinance and the various parts ynereofa,~e hereby declared to be severable. Should
any section of this ordinance be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the ordinance as a >n~hole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
Section 4. Section 15-13.2.d of chapter 15 of the Lynwood Municipal code is
corrected as follows:
1. The certification required in Section 15-14c, 1 (lowest floor elevation).
3. The certification required in Section 15-14c, 3 (elevation or
floodproofing e~ of nonresidential structures).
Section 5. Section 15-13.2.g shall be added to chapter 15 of the Lynwood
Municipal code and shall read as follows:
g. AR Zone duties:
1. use the adopted off cial map or legal description of those designated
developed areas within Zones AR, AR/AH, AR/AO as defzned in section 1 S-5 (see area of
shallow flooding) to determine if the proposed project is in a developed area.
2. determine the base flood elevation to be used for individual projects
within developed areas, areas not designated as developed areas, and dual zone areas.
~ See section 1 ~-18A).
3. require the applicable standard in section 15-14.
4. provide written notification to the permit applicant that the area has
been designated as an AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or AR/A Zone and whether
the structure will be elevated or protected to ~or above the AR base flood elevation.
Section 6. Section 15-14.b.4 of chapter 15 of the Lynwood Municipal code is
hereby amended as follows:
4. Required within Zones ^^ u~~ AH, AO, AR/AH, or AR/AO,
adequate drainage paths around structures on slopes to guide flood waters around and
away from the proposed structures.
Section 7. Section 15-14.c.2 of chapter 15 of the Lywood Municipal code is
hereby amended as follows:
2. New const~ uction and substantial improvements of any structure iii
zone ^^ ~T~r~~AR, AR/AH, orAR/AO shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the depth number specified in
feet on the FIRM, or at least two (2') feet if no depth number is specified. Nonresidential
structures may meet the standards in subparagraph 3 of this paragraph. Upon the
completion of the structure the elevation of the lowest floor including basement shall be
certified by a registered engineer or surveyor, or verified by the community building
inspector to be properly elevated. Such certif cation or verification shall be provided to
the Floodplain Administrator.
Section 8. Section 15-14.c.6 shall be added to chapter 15 of the Lynwood
Municipal code and shall read as follows:.
6. For AR Zone requirements, see section 1 S-18A.
Section 9. Section 15-17 of chapter 15 of the Lynwood Municipal code is hereby
amended as follows:
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a. All manufactured homes that are placed or substantially improved within
Zones AI -30, AH, and AE, on the community Flood Insurance Rate Map, on sites located
1. outside of a manufactured home park or subdivision,
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2. in a new manufactured home park or subdivision,
3. in an expansion to an existing manufactured home park or subdivision,
Or
4. in an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred "substantial damage " as a result of a flood,
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation and be securely
fastened to an~adequately anchored foundation system Co resist flotation, collapse, and
lateral movement _All manufactured homes that are placed or substantially irnpr~vc-d (in
dual zones only) on sites located in areas described section 15-17. a.1-=t within Zones AR,
AR/AI -30, AR/AE, AR/AH, AR/AO, or AR/A shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated in accordance with
elevation requirements prescribed in section 1 ~-18A.
b. All manufactured homes to be placed or substantially improved on sites in an
existing manz factured home park or subdivision within Zones AI -30, AE, and AH on the
community's Flood Insurance Rate Map that are not subject to the provisions of
paragraph 15-17. a will be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement; and elevated so either the
1. lowest floor of the manufactured home is at or above the base flood
elevation, or
2. manufactured home chassis is supported by reinforced piers or other
,foundation elements of at least equivalent strength that are not less than 36 inches in
height above grade.
c. All manufactured homes to be placed or substantially improved (in dual zones
only) within Zones AR/ AR/AI -30, AR/AE, AR/AH, AR/AO, or AR/A shall 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 elevation
requirements prescribed in section I5-18.A, or
2. manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are not less than 36 inches in
height above grade.
Section 10. Section 15-18A shall be added to chapter 15 of the Lynwood
Municipal code and shall read has follows:
I S-I8A AR Zone Areas.
Within areas designated as AR, AR/AI -3C~, AR/AE, AR/AH, AR/AO, or AR/A as
established under section 1 S-7, the following standards shall apply:
a. Developed areas. All construction in areas designated as developed areas
shall meet the standards of section 15-14 using the lower of either the AR base flood or
the elevation that is 3 feet above the highest adjacent grade.
b. Areas not designated as developed areas. All new construction in areas that
are not designated as developed areas:
1. where the AR flood depth is equal to or less than 5 feet above the
highest adjacent grade, shall meet the standards of section I5-14 using the lower of
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either the AR base flood elevation or the elevation that is 3 feet above the highest
adjacent grade; or
2. where the AR depth is greater than 5 feet above the highest adjacent
grade, shall meet the standards of section 1 S-l;t using the AR base flood elevation.
c. Dual Zone Areas.
1. All new construction in areas within Zone AR/A1-30, AR/AE, AR/AH,
AK/AO, AR/A shall meet the standards of section 15-14 using the higher of either the
applicable AR Zone elevation (as determined from section I S-18A. a or b above) or the
base flood elevation (or, flood depth) for the underlying AI -30, AE, AH, AO, or A zone.
2. All substantial improvements to existing construction within Zones
AR/AI -30, AR/AE, AR/AH, AR/AO, or AR/A shall meet the standards of section I5-14
using the base. flood elevation (or. flood depth) for the underlying AI -30, AE, AH, AO, or
A zone
Section 11. Section 15-19.1.c.3 of chapter 15 of the Lynwood Municipal code is
hereby amended as follows:
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner and future owners of the
property.
Section 12. Section 15-19.2 of chapter 15 of the Lynwood Municipal code is
hereby amended as follows:
a. Variances may be issued for the reconstruction, rehabilitation
°~~~~°i^r of historic structures (as defzned in Section 1 S-5 of this ordinance) upon a
determination that the proposed repair or rehabilitation will not preclude the structures
continued designation as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
c. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief. Minimum necessary
shall mean to afford relief with a minimum of deviation from the requirements of this
ordinance. For example, in the case of 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 the local ordinance.
e. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing that the procedures of section 1 ~-12,
1 ~-13,15-14, 1 S-1 S, 15-16,1 ~-17, 15-18, and 15-19.1 of this ordinance have been fully
considered. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increase.
~- f. Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent use
provided that the provisions of paragraphs a through E- e and that the structure or other
development is protected by methods that minimize flood damage during base flood and
create no additional threats to public safety or create a public nuisance.
g. Upon consideration of the factors of section I5-19.2. e and purposes of this
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ordinance, the City Council may attach such conditions to the granting of va~°iances as it
deems necessary to further the purposes of this ordinance.
h. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor elevation below the
regulatory flood elevation and that the cost of insurance will be commensurate with the
increase risk resulting from the reduced lowest floor elevation. A copy of the notice shall
be recorded by the Floodplain Board. in the office of the Los Angeles County Recorder
and shall be recorded in a manner so that it appears in the chain of title of the affected
parcel of land.
Section 13. The City is required , by the Federal Emergency Management
Agency (FEMA), to adopt the new Flood Insiu•ance Rate ivlap FIRM) and requirments.
The new FIRM and requirments shall go into effect on July 6, 1998. To conform with
FEMA's effective date o~doptation, it is necessary for this ordinance to be an urgency
ordinance.
Section 14. This ordinance is effective upon adoption asld shall become effective
July 6, 1998.
Section 15. The City Clerk is directed to certify to the passage of this ordinance
and to cause it to be published or posted as required by Iaw.
PASSED, APPROVED and ADOPTED this zna day of June, 199s.
/"~.
ARMANDO REA, MAYOR
ATTEST:
ANDREA HOOPER, CI Y CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED AS TO CONTENT:
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FAUS~TI ONZAL - S
CITY MANAGER
J EPH
DIR. OF PUBLIC ORKS
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STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the
above and foregoing is a full, true and correct copy of Ordinance No. 14ss on file in
my office and that said ordinance was adopted on the 2na day of
June 19_ vs ,and passed by the following vote:
AYES: couNCZta-~N ~yxv, xEyES, xzcrv~xvs, sAtvcr~z, ~-
NOES: ~~
ABSENT: ~~
City Clerk, City of Lynwood
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