HomeMy Public PortalAboutOrd. 1301
ORDINANCH N0. 1301
CHAPTER 12 1/2
FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 12 1/2
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSF, AND METHODS
Sec. 12 1/'L-l.. STATUTORY AUTHORIZATION. The legislature of
the State of California has in Government Code Sections
65302, 65560 and 65800 conferred upon loca]. government
units authority to adopt regulations designed to promote
the public health, safety, and general welfare of its
citizenry. Therefore, the City Council of City of Lynwood
does ordain as follows:
Sec. 12 1/2-'L. FINDINGS OF FACT
(1) The flood hazard areas of City of Lynwood are subject
to periodic inundation which results in loss of life and and
property, health and safety hazards, disruption of commerce
and governmenta]. services, extraordinary public expenditures
for flood. protection and rel.i.ef, and impairment of the tax
base, all of which adversely affect the publ.i.c health,
safety and general welfare.
(2) These flood losses are caused by the cumial.ati.ve effect
of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are
inadequately floodproofed, elevated or otherwise protected.
from flood damage also r_ontribute to the flood .loss.
Sec. 12 1/2-3. STATEMENT OF PURPOSE. It i.s the purpose of
this ordinance to promote the public health, safety, and
general welfare, and to minimize public and private losses
due to Y].ood conditions in specific areas by provisions
designed:
(a) To protect human .fife and heaa.t,h;
(b) To minimize expenditure of public money for
costly flood control projects;
(c) To minimize the need for rescue and relief ef.'forts
associated with flooding and generally undertaken at
the expense of the general public;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
(f) To help maintain a stable tax base by providing
for the second use and development of areas of
special flood hazard so as to minimize future
flood blight areas;
(g) To insure that potential buyers are not.ifi.ed
that property is in an area. of special flood
hazard; and.
(h) To insure that those who occupy the areas of
special flood hazard assume responsibility f.'or
their actions.
Sec. 1'l 1/24. METHODS OF REDUCING FLOOD LOSSES. In order to
accomplish its purposes, this ordinance includes methods and.
provision for:
A. Restricting or prohibiting uses which ar.e dangerous
to health, safety, and property due to water or
erosion hazard or which result i.n damagi.ng increases
in erosion or flood heights or velocities;
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected.
against flood damage at the time of initial construction;
C. Controlling the alteration of natural f.loodp.lains,
stream channels, and natural. protective barriers,
which help accommodate or channel. flood waters;
D. Controlling filling, grading, dredging, and. other
development which may increase flood damage; and,
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert f:Lood waters
or which. may increase flood hazards in other areas.
Sec. 12 1/25. DEFINITIONS Unless specifically defined
below, words or. phrases used in this ordinance sha1.1 be
interpreted so as to give them the meaning they have in
common usage and to give this ordinance its most reasonable
application.
"Anneal" means a request for a review of the Floodpaai.n
Administrator's interpretation of any provision of this
ordinance or. a request for a variance.
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"Area of shallow floo__ ~i~_ means a designated AO
on the Flood insurance Rate Ma
dephths ran e p (FIRM of AH lone
g from one to three ) The base flood
channel does not feet; a clearly defined
unpredictable and eindeterminateh of flooding is
evident. , and. velocity flow may be
"Base flood" means the flood havin
on being equalled or exceeded in ang a one perr_ent c
the "100- hange
Year flood"), Y given Year (also called
"Basement"
subg ar de means any area of the bui.ld.i.ng havin
(below ground .level) on a..tl g ~.ts f.toor
sides.
"Brea!__ ia~,,ay walls" are any type of walls, whether solid or
lattice, and whether constructed of concre
metal, plastic or any other suita.lbe buildin, masonr
is not Y, wood,
part of the structura]. support the build~nerial. which
is designed to break away under abnormall g and whir_h
wave action without causing any damage toythegh tides or
integrity of the building on which they are usedrortanyl
buildings to which they might be carried by flood waters,
breadaway wall shall. have a safe design loadin
of not less `9
than ten and no more than g resistance
square foot. Use of breakawa twenty pound per
registered engineer or architectaand shallbmeetrtified by a
following conditions: the
1• Breakaway wall collapse shall. result i'rom a water
load less than that which would occur during the
base flood; and,
2, The elevated portion of the building shall not
incur any structural damage due to the effects of
wind and water loads aoting simu.ltaneousl,y in the
event of the
base flood..
"Development"
~.mimpro~ ealeestatey man-made change to improved or
buildings or other structur.esding but not limited. to
grading, paving, excavation or drillgn dredging, filling,
g operations.
"FJ.ood or floo~n~ means a general and temporary condition
of partial or. complete inundation of normally dry .la.nd areas
from (1) the overflow of flood waters, (L) the unusual and
rapid accummulation or runoff of surface waters from any
source, and. /or (3) the collapse or subsidence of land along
the shore of a lake or other. body of.' water as a
erosion or undermining caused by waves or currents
exceeding anticipated cyc:Lical levels or result of
an unusually high water level in a °f water
suddenly caused. by
accompanied. by a severe storm, or bnatural bod
Y of water,
Y an unanticipated force
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of nature, such as flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which
results in flooding as defined i.n this definition.
"Flood Bou__,_ ndary and F:Lo__ odWaY Mgp_ means the officia) ma.p on
which the Federal Emergency Management Agency or. Federal.
Administration has delineated. both the areas of f.tood hazard
and the floodway.
"Flood Insurance
which the FPderalREmerg~-e ~ FIRM means the official map on
Insurance Administration hasManagement Agency or Federal
special. flood hazards delineated both areas of
to the community, and. the risk premium zones a
ppli.cab.le
"Flood Insu_____r~n~e Study" means the of 'i.c.i_al report
by the Federal Insurance Administration. that
profiles pr.ovi.ded
the FIRM, the Flood Boundar includes fl.ood-
the water surface elevation of 3' and Flood.way Ma
the base flood. p' and.
"FLOOD PLAIN OR FLOOD PROOF AREA"
to being inundated b means any ].and susceptible
of "flooding"), Y water from any source
(See definition
"Floodnlain management"
progr m of correc----- time --" means the operation of an overall.
flood. dama and preventive measures far r. educing
ge, including but not limited to emergency
preparedness plans, flood. control works and floodp]_ain
management regulations.
F1°°----dnla?!? mana~t re ulations" means zoning
ordinances, subdivision regulations
regulations, special , building codes
ordinance purpose ordinances , health
grading ordinance and erosion(such as floodplain
and other application of control ordinance)
such state or. local. regulations power. The term describes
which provide standards for thPin any combination thereof,
prevention a.nd reduction, purpose of flood damage
"Floodoroo___f_inP„ means any combination of structural and
nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real
estate or improved. real property, water and. sanitary
faci.l.ities, structures and their contents. "
"Floodwav"
--__~_ means the channel. of a river or other watercourse
and the adjacent land areas that must be reserved. in
to discharge the base flood without cumulativel
the water surface elevation more than one foot, A]SOOrder
referred. to as Y increasing
"Regulatory floodway"
"Funetionall dependent use"
perform its intended means a use which cannot
out in close purpose unless it is located or
docking faci.lptiesmitY to water, The term includes on].yried
port facilities that are necessary for
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the loading and unloading of cargo or passengers, and ship
building and. ship and unloading of cargo or passengers
ship building and ship repair facilit,i.es, but does not
include lon and
g-term storage or related manufacturing facilities.
"H.i____~hest ad___a~ent rade" means the highest natural elevation
of the ground surface
prior to construction next to the
proposed. walls of a structure.
"Lowest floor" means the lowest floor of the lowest enclosed
area (including basement .
enc:losu.re, usable solely)forAn unfinished or flood resistant
ar_cess or storage in an area. othernthan aehicles, building
not considered a building's lowest floo r basement area is
such enclosure is not built so as to renderrthedstdructure in
violation of the applicable non-elevation design
requirements of this ordinance.
"Manufactured home" means a structure, transportable i_n one
or more sections, which is built on a
is designed for use with or without a permanent foundationd
when connected to the required utilities. For floodplain
management purposes the term "manufactured home" also
i.ncaudes park trai.l.ers, travel. trailers and other similar
veh.i.cles place on a site for greater than 180 consecutive
days.
"Manufa.ctured home ark or subdi~n_. means a
contiguous parcels of parcel (or
manufactured home ) land divided. into two or more
lots for sale or rent.
"Mean sea level" means, for purposes of the National Flood
Insurance Program, the National. Geodetic Vertical Datum
(NGVD) of• 1929 or other datum, to which base flood
elevations shown on a communi.ty's Flood Insurance Rate Map
are referenced.
"New constr.ucti.on" means, for floodplain managemement
purposes, structures for. which the "start of construction"
commenced on or after the effective date of a floodplain
management regulation adopted. by this community.
"One hundred ear flood' or
which has a one percent annual0----~- flood" means a flood
or exceeded. It id identical torthebility of being equalled.
will be the term used throughout this ordinaneea ~''hich
Pe---rson" means an individual or his agent, firm,
partnership, association or corporation, or agent of the
aforementioned groups, or this state or its agencies or
poai_ti_cal subdivisions.
"Remedy a vi.ola.tion"
development int in-- ~o.com means to bring the structure or other
pli_ance with State or local. floodplain
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management regulations, or, if this is not possible, to
reduce the impacts of its noncompliance. Ways that impacts
may be reduced include protecting the structure or other
affected development from flood damages, implementing the
enforcement provi.si.ons of the ordinance or otherwise
deterring future similar violations, or reducing Federal
financial exposure with regard to the structure of other
development.
"Ri.verline" means relating to, formed by, or resemb:Ling a
river (i.ncl.uding tributari.es), stream, brook, etc.
"Special. flood hazard. area SFHA means an area having
speciaa. fJ.ood or f.l.ood-re.l.ated erosion hazards, and shown on
an FHRM or FIRM as Zone A, AO, Al-30, AE, A99, or AH.
"Start of Constr_uoti.on" includes substantial. improvement,
and means the date the building permit was issued, provided
the actual. start of construction, repair, reconstruction,
p:l.acement, or other improvement was within 180 days of the
permit date. The actual. start, menas either the first
placement of permanent construction of a structure on a
sate, such as the pouring of slab or footings, the
i.nsta:l:laY,ion 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 inc:l.ude .Land preparation, such as clearing, grading
and fi.lli.ng; nor does it include 'the insta.ll.ation of streets
and/o r. walkways; nor does not include excavation for a
basement, footings, pie r. s, or foundations or the erection of
temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages o.r. sheds
not occupied as dwelling units or. not part of the main
structure.
"Structure" means a walled and. roofed. building, i_ncl.udi.ng a
gas or liquid storage tank, that is principally above
ground., as well a.s a manufactured home.
"Substantial improvement" means any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure,
either: (1) before the improvement or repair ,is started;
or. (2) if the structure has been damaged, and is being
restored., before the damage occurred..
For the purposes of this definition "substantial.
improvement" i.s consi_dered to occur when the first
alteration of any wall, ceiling, floor, or. other structura].
part of the building commences, whether or. not that
alteration affects the external. dimnesi.ons of Y,he structure.
The term does not, however, include:
(l) any project for improvement of.' a structure to comply
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with existing state or local
code speci.ficat,ions which are
safe Li_ni.ng conditions; or
health, sanitary, or safety
solely necessary to assure
(2) any alteration of a structure :Listed on the Nat'i_onal
Register of Historic P.taces or a State inventory of Historic
Places.
"Var.i.ance" means a grant of relief from the requirements of
this ordinance which permits construction im a manner that
would otherwise be prohibited. by this ordinance.
"Viola.tion" means the failure of a structure or. other
development to be fully compliant with the community's
floodplain management regulations. A structure or othr
development without the elevation certificate, other
certifications, or other evidence of compl.i.ance required i.n
this ordinance is presumed to be i.n violati.on until. such
time as that documentation is provi.d.ed.
Sec. 1.2 1/2-6. LANDS TO WHICH THIS ORDINANCE APPLIES. This
ordinance sha.l.l. apply to all. areas of sper_i.a1 f.l.ood hazards
within the juri.sdicti_on of City of Lynwood.
Sec. 12 1/2-7. BASIS FOR, ESTABLISHING THE AREAS OF SPECIAL
HAZARD. The areas of speci.a:L flood. hazard id_enti.fi.ed by the
Federal. Emergency Management Agency or. the Federal Insurance
Administration i.n a scientific and engineering report
entitled "Flood. Insurance Study for City of Lynwood dated
), with an accompanying Flood. Insurance Rate Map is hereby
adopted by reference and declared to be a part of this
ordinance. This Flood Insurance Study .is on file a.t 11330
Bul.l.is Road, C1Ly of Lynwood. This Flood Insurance Study is
the m.imimum area of appl.i.cabi_lit,y of this ordinance and may
be supplemented. by studies for other areas which allow
implementation of this ordinance and which are recommended
to the Cj.t;y Council by the Floodp].ain Admini.st;rator.
Sec. 1.2 1/'L-S. COMPLIANCE. No structure or land shall
hereafter be constructed., located, extended., converted., or
altered. without ful.t compliance with the terms of this
ordinance and other app].i.cable regulations. Vio:l.ations of
Y,he provisions of this ordinance by failure to comply with
any of i_t.s r.equir.ements (including violations of conditions
and safeguards established in connection with conditions)
shall. constitute a misdemeanor. Nothing herein sha].1
prevent the City Council from taking such l.awfu]. action as
i.s necessa..ry to prevent or remedy any violation.
Sec. ]2 1/2-9. ABROGATION AND GREATER. RESTRICTIONS. This
ordinance is not intended. to repeal., abrogate, or i.mpa.ir any
exi.st,i.ng easements, covenants, or deed. restrictions
conflict or overlap, whichever. imposes the more stringent
restrictions sha:Ll prevail.
Sec. 12 1/2-10. INTERPRETATION. In the 9.nterpretation and.
appl.icat:ion of this ord.i.nance, all. provisions sha:Ll be:
A. Considered as minimum requirements;
B. Liberally construed. i.n favor of the governing body; and.,
C. Deemed. neither to ].i.mi.t nor repeal. any oY.her powers
granted under state statutes.
Sec. 12 1/2-11. WARNING AND DISChAIMER CF LIABILITY. The
degree of flood protection required. by this ordinance is
considered. reasonable for regulatory purposes a,nd i.s based
on scientific and engineering cons.dera.tions. L,a.rger floods
ca.n a.nd wi.a.l occur on rare occasions. Flood heights ma.y be
increased by ma,n-made or na.tura.l r.,auses. This ordi.ttance
does not, impa.y that land outside the areas of special flood.
hazards or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not
create J.:iabi_:Lity on the part of City of Lynwood any
officer or employee thereoY, or the Federal Insurance
Adm.nstrati.on, for any flood damages that result from
re]i.ance on this ordinance or a.ny adminstrati.ve decision
Lawful y made thereunder.
Sec. ]2 T/'2-T'L. SEVERABTLITY. This ordinance and. the
various parts thereof are hereby declared. to be severable.
Should. any section of.' this ordinance be declared. by the
courts to be unconstitutional. or .invali.d, such decision
shall. not affect the validity of the ordinance as a whole,
or any portion thereof other than the section so declared. to
be unconstitutional. or invalid..
Sec. 12 1/'2-13. ESTABLISHMENT OF DEVELOPMENT PERMIT. A
Development Permit shall. be obtained before construction or.
development begins wi.thi.n any area of special flood. hazards
established i.n Secti.on Sec. 1.2 1/2-7. Application for a
Development Permit shall be made on forms furnished by the
Floodp.lain Administrator and may include, but not be limited.
to: plans i.n duplicate drawn. to scale showing the nature,
location, dimensions, and. elevation of the area i.n question;
existing or proposed structures, f'il.]., storage of materials,
drainage facilities; and. the location of the foregoing.
Specifically, the following information is required:
A. Proposed elevation in relation to mean sea level,
of the lowest. floor (includi.ng basement) of al].
structures; in lone AO or V0, elevation of highest
adjacent grade and proposed elevation of lowest
floor of al.l structures.
B. Proposed elevation in relation to mean sea level. to
which any structure wi1:L be floodproofed;
H
C. A11. approp.r.iate certifications listed i.n Section 1'L
1/2 15.D of this ord.i.nance; and
D. Description of the extent to which any watercourse
wi.1:L be altered. or relocated. as a result of proposed.
Sec. 12 1/2-14 DESIGNATION OF THE FLOODPLAIN ADMINSTRATOR.
The Director of Publ.i.c Works is hereby appointed to
administer and. implement this ordinance by granting or
denying development permits in accordance with its provisions.
Sec. 12 1/2-1.5. DUTIES AND RESPONSIBILITIES OF THE
FLOODPLAIN ADMINSTRATOR.. The duties and responsi.bi.l.i.ties of
the fl.oodpl.ain administrator. shall include, but not be
Limited to:
A. Permit review.
1. Review al]. development permits to determine
that the permi_Y, requirements of this ordinance
have been satisfied;
2. All other required state and federal. permits
have been obtained.;
3. The siY,e i.s r.easonab:Ly safe from flooding.
4. The proposed development does not adversely
affect the car.ryi.ng capacity of the f].oodwav.
For purposes of this ordinance, "adversely
affects" means that the cumulative effect of
the proposed development when combined with al:l.
other existing and. anti.ci.pated development will
not increase the water surface elevation of the
base flood. more than one foot any point.
B. Use of Other Base Flood. Data. When base flood
elevation data has not been provided. in accordance
with Section 1'L ]./2-7., the Floodplain Ad.mi.nstraY,or
shall obtain, review, and reasonably utilize any
base flood. elevation and. floodway data available
from a Federal, State or other source, in order to
administer Section Sec. 12 1/2-]6. Any such
information sha.tl be submitted. to the City
Counci.]. for adoption.
C. Whenever a watercourse is to be al.ter.ed or
reiocated:
1. Notify adjacent communities and. the California
Department of Water Resources prior. to such alteration
or relocation of a watercourse, and submit evidence
of such notification to the Feferal Insurance
Adminstrati.on;
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2. Require that the flood. carrying capacity of the altered
nr relocated portion of said watercourse i_s ma_intained..
D. Obtain. and. maintain for public inspection a.nd
make availabel as needed.:
1. the certification required i.n Section 1'L 1/2-16.c.1.
(floor elevationsj;
2. the certi.fi_cation required. in Section 12 1/2-].6.c.2.
(elevat,ions in areas of shallow floodi. ngj;
3. the certification required. in Section 1.2 1/'L-16.c.3.
(el.evati.on or floodproofi.ng or nonresi dential
st.r.uctures);
4. the certi.ficati.on required. in Section 1'L 1./2-16.c.4.a..
or l'L l/2-1.6.c.4.b. (wet fl.oodproofi.ng standa.rdj;
5. the certified el.evati.on required i.n Se ction 12 1/Z-18.b.
(subdi.v,s.on standa.rdsj;
6. the certi.fica,tion required in Section L2 1/2-20.A
(t'l.oodway encroa.chments);
R. Make i.nterpretati_ons where needed, a.s to the exact
:Location of the boundaries of the areas of
special.. f:Lood hazards (for example, where there
appears to he a conf].i.et between a mapped. boundary
and actual fie:l.d conditi.onsj. The person contesting
the l.ocat.on of the boundary sha:11 be given a
reasonable opportunity to appeal. the interpretation
as provided i.n Sect.ion I2 L/2-21.
F. Take action to remedy vi.ol.ati.ons of this ordinance
as spec.i.fi.ed i.n Secti_on 12 I/2-8. herein.
Sec. 12 I/2-16 STANDARDS OF CONSTR.t7CTION. In all. areas of
spec_a]. f:Lood hazards the fol. ].owing are .r.equired:
A. Anchoring
7. AL1. new const.r.ucti.on and substantial
i.mprovement.s sha.l.l be anchored to prevent
flotation, co].:Lapse or lateral. movement of the
structure resua.ti.ng from gydrodynamic and
hydrostatic loads, i_nc].udi.ng the effects of
buoyancy.
'L. A1.7. manufactured homes shall meet the anchoring
standards of Section L2 1/2-16.4.
B. Construction Ma.teria].s and Methods.
1. A1.1. new construction and. substantial
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improvements sha:l.l. be constructed with
ma.t,er.i-al.s and ut.i.a.i.ty equipment, resistant to
flood. damage.
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2. A1J. new construction a.nd substantial.
improvements shaa.l be constructed using methods
and practices t,ha.t mi.n.i.mi.ze flood.
3. A17. new construction a.nd substantial improvements
shal_] be constructed with electrical, heating,
venti.].at,i.on, plumbing and air conditioning
equipment and. other service facilities that are
designed and/or located. so as to prevent water
from entering or accumulating wit,hi.n the
components du r.i.ng conditions of flooding.
4. Require within Zones AH, or AO, adequate
drainage paths around structures on slopes to
guide flood. waters around. and. away from proposed
structures.
Elevations and Floodproofing
1. New construction and. substantial improvement of
any structure shall. have the lowest floor,
including basement, elevated to or above the
base flood elevation. Nonresidential. structures
may meet the standards in Section 12 1/2-]6.C.3.
Upon the completion of the si;ructure the
elevation of the lowest floor including
basement shall. ve certifi.ed by a registered.
professional engineer or surveyor, or verified
by the community building inspector. to be properly
elevated. Such certification shall be pr.ovi.ded
to the Floodpla.in Administrator.
'J.. New construction and substantial. improvement of
any structure i.n 7,one AH, or AO sha].1. have
the Lowest fl.oo.r, 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 feet if no depth
number .is specified. Nonresidential structures
may meet the standards in Section 12 1./2-].6.c.3.
Upon the. completion of Y.he structure the
eaevation of the lowest floor i_nclud.ing basement
shall. be certified. by a registered. professional.
engineer or surveyor., or. verified by the
community building inspector. t,o be properly
elevated. Such certi.f.icat,i.on or verification
shall be provided. to the Floodplain Administrator.
3. Nonresidential construction shall either be
elevated in conformance with Section 1'L 1/2-1.6.c.1.
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Sec. 12 1/2-18. STANDARDS FOR SUBDIVISIONS.
A. A7.1. preliminary subdivi.si.on proposal shall. i.denti.fy
the flood. hazard area and. the elevation of the base
flood..
B. A:LI. final subdivision
of proposed structure
fil:Led above the base
shall be cerY,ified by
engineer or surveyor
Administrator.
plans wi].1. pr.ovi.de the elevation
(s) and. pads. If the site is
flood., the final. pad elevation
a registered professional
snd provided to the Floodpl.ai.n
C. All subdi.visi.on proposals shall be consistent with the
need to minimize flood damage.
D. Al.l subdivision proposals shall have puba.ic utilities and
fa.cili.ti.es such as sewer, gas, electrical and water systems
located. and Instructed to mi.nimi_ze f:Lood damage.
E. All subdivisions shall. provide adequate drainage to
reduce exposure to flood. hazards.
Sec. 7.2 1./`L-19. STANDARDS FOR MANUFACTURED HOMES. All new
and. replacement manufactured. homes and. additions to
manufactures homes shall:
A. Be elevated so that the lowest floor i_s at or above the
base flood. elevation; and
B. Be securely anchored to a. permanent foundation system to
resist flotation, collapse or lateral. movement.
Sec. 12 1/2- 'l0. FLOODWAYS. Located. within areas of special
flood. hazard established in Section 12 1/2-7. are areas
designated as floodways. Since the floodway is an extremely
hazardous are a due to the velocity o f flood. waters which
carry debris, potential projectiles, and. erosion p otential,
the following provisions apply:
A. Prohibit encroachments, including fill, new
construction, substantial improvements, and. other
development unless certification by a registered.
professional engineer. or architect is provided. demonstrating
that encroachements shall. not result i.n any increase in
flood. levels during the occurrence of the base flood
d.i.scharge.
B. If Section 1.2 l/2-20.A. is satisfied., a,ll. new
construction and substantial. i.mpr.ovements shall comply with
all other. applicable flood hazard. reduction pr.ovi.sions of
Section 12 1/2-16.
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or together with attendant utility and. sanitary
i'aci.l.i ties:
a. be floodproofed so that hea.ow the base flood l.eve:l. the
structure is wat,erti.ght wi.t,h walls substantially impermeable
to the pa.ssa.ge of wa.t,er;
h. have structural. components capa:bl.e of resist.i.ng
hydrostatic and gydrodyna.mic loads and effects of
buoyancy; and.,
c. be certified. by a registered professional engineer or.
architect that the standards of this subsection are
sati_sfi_ed. Such certi.fi.ca.ti.ons shall be prnvi.ded
to the F:Lood.p:La.i.n Admini.stre ator.
4. Require, for a.:Ll new construction and substantial
improvements, that Yully enclosed. areas below
the :Lowest floor that are subject to flooding
shall. be designed to automatically equalize
hydrostats.c flood forces on exterior. walls by
a:l.l.owing for the entry and. exit of fl.oodwate.r.s.
Designs for meeting this requirement must either
be certified by a registered professional
engineer or ar.chi.tect meet or exceed the
fol.l.owing minimum criteria:
a. Either. a minimum of two openings having a total net area
of not, less than one square inch for every square toot
of enclosed. area subject to flooding shall be provided.
The bottom of al.l openings shall. be no higher than one
foot above grade. Openings may be equipped with
screens, louvers, valves or other coverings or devices
provided. that, they permit the automatic entry and. exit
of floodwater; or
b. Be certified to comply with a ].oca.l. floodproofing standard
approved. by the Federaa. Insurance Administration.
5. Manufactured. homes shall also meet the standa.r.ds in
Section 12 1/2-19.
Sec. 12 1/2-17. STANDARDS FOR UTILITIES
A. All new and. replacement water. supply and sanitary
sewage systems shall. be designed to minimize or.
elimi.na.te infiltration of flood.. waters into the
system and. discharge from systems into flood waters.
B. On-site waste disposal. systems shall. be located t,o
avoid i.mpai.rment to them or contamination from them
during flooding.
1.2
Sec. 12 1/2-21. VARIANCES; Appea]. Board
A. The City Council of the City of Lynwood. shall hear a.nd
decide appeals and requests for variances from the
requirements of this ordinance.
B. The City Council. shall. hear and decide appea:Ls when it
is a,ll.eged there is an error i.n any requirement, decision,
or determination made by the Fl.oodplain Administrator i.n the
enforcement or admi.nstrati.on of this ordinance.
C. In passing upon such applications, the City Council
shall consider all techmical evaluations, all relevant
factors, standards specified. i_n other sections of this
ordi.na.nce, and:
1. the danger that ma.teri.al.s may be swept onto other lands
to the i.nju,ry of others;
2. t;he danger of :Life and property due to fl.oodi.ng or
erosion damage;
3. the suscept.i.bi.:li.ty of the proposed. faci.l.ity and its
contents to flood damge and the effect of si.ich damage on the
i.ndi.vidua.l. owner;
4. the i.mporta.nce of the services provided by the proposed.
faci.l.ity to the community;
5. the necessity to the faci_l.i.ty of a waterfront location,
where appl.i.cab].e;
6. the avai.labi.l.i.ty of alternative locations for the
proposed use which are not subject to flooding or erosion
damage;
7. the compatibility of the propo s ed use with ex.i.sti.ng and.
anticipated development;
8. the relationship of the proposed. use to the
comprehensive plan and floodplain management program for
that area;
9. the safety of access to the property i.n time of flood
for ordinary and emergency vehicles;
10. the expected heights, velocity, duration, rate of rise,
and. sediment transport of the flood. waters expected. at the
site; and,
11. the costs of providing governmental services during and.
after flood. conditions, including maintenance and. repair of
public uti.li.ti.es and. facili-ties such as sewer, gas,
electri.cal., and water system, and. streets and bridges.
7.4
D. Generally, variances may be issued for. new construction
and substanti.a]. improvements to be erected on a l.ot of one-
half acre or less in size contiguous to and siarr.ounded by
lots with exi.sti.ng structures constructed. below the base
flood. :Level, providing items 1.2 1/2-21.c.1. through 12
1/21.c.11. have been. fully considered. As the lot size
increases beyond one-half acre, the techni.ca]. justi.ficati.on
required for issuing the variance increases.
E. Upon consideration of the factors of Section 12 1/'L-21c.
and the purposes of this ordinance, the City Council. may
attach such conditions to the granting of variances as i.t
deems necessary to further the purposes of this ordinance.
F. The Floodp:Lai.n Admi.ni.strator shall, maintain the records
of all appeal. actions and. report any vari-ances to the
Federal Insurance Administration upon request.
Sec. 1.2 1/'L-2'l. CONDITIONS FOR. VARIANCES
A. Variances may be issued. for. the reconstruction,
rehabilitation or restoration of structures listed in the
National. Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
forth in the remainder of this section.
B. Variances sha:11 not be issued. within any designated
fl.oodway i.f any increase in flood levels during the base
flood discharge would. result.
C. Variances shall only be issued upon a determination that
the variance i.s the minimum necessary, considering the flood
hazard, to afford. relief.
D. Variances shall only be issued upon:
]. a. showing of good. and sufficient cause;
2. a determination that failure to grant the variance would.
result in exceptiona:L hardship to the applicant; and.
3. a determi.nati.on that the g.r.anting of a variance will not
resu:Lt i_n increased. flood heights, additional. threats to
publ.i.c safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of, the public,
or conflit with existing local. laws or ordinances.
R. 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 Sections Sec. 1.2 1/2-22.A through 12
1/'1.22 D. are satisfied and that the structure or other
development is protected. by methods that minimize flood.
15
• ! . ,
damages during the base flood. and create no additional
threats to public safety.
F. Any applicant to whom a variance is granted shall be
given written notice that the structure will. be permitted to
be built with a lowest floor elevation below the regulatory
flood elevation and that the cost of flood insurance will be
commensurate with the increased 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.
First read at a regular meeting of the City Council. of said
City held on the Sth day of April 1988, and finally
adopted and ordered published. at a regular meeting of said
Council held on the 19th day o:f
the follot,~i.ng vote:
v'L8.450
ri.l. 1988, by
AYES: COUNCIT.,D4EMBER HEINE, IIF.NNING, D40RRIS, RICHARDS
NOES: NONE
ABSENT: COLiNCILMEMBER l^,rELLS
ABSTAIN: NONF.
AT'I'F..ST:
_ n rea L'. Hooper, City lerk
Pau ]. II. Richar s, Mayor
1.6