HomeMy WebLinkAboutORD 30 (1989)ORDINANCE NO. is (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADOPTING FLOOD DAMAGE PREVENTION
REGULATIONS.
A. Recitals.
(i) The City of Diamond Bar presently participates in
the National Flood Insurance -Program. ("NFIP" hereinafter) and
desires to ensure continued operation of the NFIP for the benefit
of its citizens.
(ii) It is necessary, from time to time, to amend and
upgrade the City's implementing ordinances to ensure continued
Participation in the NFIP.
(iii) Pursuant to authority granted by Federal and
State law and regulations, the City of Diamond Bar is authorized
to adopt and enforce the provisions of this Ordinance.
(iv)- There presently exist within the City of Diamond
Bar flood hazard areas which are subject to periodic in::indation
which results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and
relief, and impairment of tax base, all of which adversely
affects the public health, safety and welfare.
•(v) Flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazard which increase
_flood heights and velocities and, when inadequately anchored,
damage property and uses thereof in other areas. Structures and
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uses that are inadequately flood proofed, elevated or otherwise
protected from flood damage also contribute to flood loss.
(vi) The City Council of the City of Diamond Bar
desires to implement this ordinance in order to ensure the
maximum protection available to the citizens of the community and
to ensure continued participation iri the NFIP.
(vii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby ordain as follows:
3 C ION 1: In all respects as set forth in the
Recitals, Part A., of this Ordinance.
SECTION 2: Any and all provisions of the Los Angeles
County Code, as heretofore adopted by the City Council,
pertaining to flood damage protection, hereby are repealed upon
the effective date of this Ordinance, provided, however, that
such repeal shall not invalidate or otherwise render void any
enforcement action or activity undertaken by the City of Diamond
Bar -based upon the provisions of said Los Angeles County Code.
8 CTION 2: The City Council does hereby adopt, as the
"Flood Damage Prevention Ordinance of the City of Diamond Bare,
the regulations attached hereto as Exhibit "A" and incorporated
herein by this reference.
SECTION 4: Penalty for violation of ordinance.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision, or to fail to comply
with any of the requirements, of this -Ordinance. Any person,
firm, partnership, or corporation violating any provision of this
Ordinance, or failing to comply with any of its requirements,'
shall be deemed guilty of a misdemeanor.and upon conviction
thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00), or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person,
firm, partnership or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof
during which any violation of this Ordinance is committed,
continued or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable therefore as provided
in this Ordinance.
SECTION 5: Civil Remedies Available.
The violation of any of the provisions of this
Ordinance shall constitute a nuisance and -may be abated by the
City through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner
provided by law.for the abatement of nuisances.
SECTION 6: Severability.
The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be
rendered or declared invalid by any final court action in a court
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Of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
SECTION 7•,
The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89_6.
ADOPTED AND APPROVED this -L9th_ day of June, -1990.,
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced -at a regular meeting of the City Council of the City
of Diamond Bar on the 16th da of
y November,. 1989, and was
finally passed at a regular meeting of the City Council of the
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City of Diamond bar held on the la+h day of dune,. 1990 by
the following vote:
AYES: COUNCIL MEMBERS: Papen, Kim, Horcher,
NOES: COUNCIL MEMBERS: Moyer Pro Tem Forbing and
Mayor Werner
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
4CiC?1_erk�the-
City
of Diamond Bar
L110111FLOOD0RD%DB 1.3B
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EXHIBIT Wi
FLOOD DAMAGE PREVENTION ORDINANCE OF
. THE CITY OF DIAMOND BAR
SECTION 1 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts 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 insura that potential buyers are notified 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 for their actions.
SECTION 2 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods and provisions
for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
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 floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
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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 flood waters or -which may increase flood hazards in other
areas.
SECTION 3 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give
this ordinance its most reasonable application.
!ADpW means a request for a review of the Floodplain Administrator's interpretation
of any provision of this ordinance or a request for a variance.
Area of shallow flooding' means a designated AO or AH Zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable and
Indeterminate; and velocity flow may be evident.
'Area of sDWW fl—Wed erosion hazard' is the area subject to severe flood -
related erosion losses. The area is designated as Zone E on the Flood Insurance
Rate Map (FIRM).
'Ares of soeci flood hazard - see *Special flood hazard area'.
Area of special mudslide (ie mudflow) hazard' is the area subject to severe
mudslides (Le., mudifows). The area is designated as Zone M on the Flood Insurance
Rate Map (FIRM).
'Bas_ means the flood having a one percent chance of being equalled or
exceeded in any given year (also called the '100 -year flood'.
'� means any area of the building having its floor subgrade (below ground
level) on all sides.
'Devek�ormwr means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
TkWd or flooding' means a general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of flood waters, (2) the
unusual and rapid accumulation 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 result of erosion or undermining caused by waves or currents of water .—.
exceeding anticipated cyclical levels or suddenly caused by an unusually high water
level in a natural body of water, accompanied by a severe storm, or by an
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unanticipated force 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
in this definition.
'FLOOD BOUNDARY AND FLOODWAY MAP means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of flood hazard and the floodway.
'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.
'Flood Insurance Study' means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, the Flood Boundary and
Floodway Map, and the water surface elevation of the base flood.
'Floodplain or flood -prone area' means any land area susceptible to being inundated
by water from any source (see definition of 'flooding").
'Floodplain management' means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
'Floodplain management reaulations' means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations in
any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
'Floodproofina' 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 facilities, structures and their
contents.
'Fl means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
Increasing the water surface elevation more than one foot. Also referred to as
'Regulatory floodway'.
'Furndionally Dependent Use' means a use which cannot perform its intended
purpose unless it Is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities, but
does not include long-term storage or related manufacturing facilities.
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'Highest adiacent grade' 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). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor, provided, that such enclosure is not built so as
to render the structure in violation of the applicable non -elevation design requirements
of this ordinance.
'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. For floodplain management
purposes the term' manufactured home' also includes park trailers, travel trailers and
other similar vehicles placed on a site for greater than 180 consecutive days.
'Manufactured home park or subdivision' means a parcel (or contiguous parcels) of
land divided Into two or more manufactured home lots for sale or rent.
'Mean sea lever 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 community's Flood Insurance Rate Map are referenced.
'New oOn*uctior? means, for floodplain management purposes, structures for which
the 'start of construction' commenced on or alter the effective date of a floodplain
management regulation adopted by this community.
'One hundred year flood' or 4100wear flood• means a flood which has a one percent
annual probability of being equalled or exceeded. It is identical to the 'base flood',
which will be the term used throughout this ordinance.
'PersoM means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups, or the state or its agencies or
political subdivisions.
T*me& a violatbn' means to bring the structure or other development into
compliance with State or local floodplain 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 provisions of the ordinance or otherwise
deterring future similar violations, or reducing Federal financial exposure with regard
to the structure or other development.
means relating to, formed by, or resembling a river (Including tributaries),
steam, brook, etc.
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'Special flood hazard area (SFHA)' means an area having special flood or flood -
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al -30, AE,
A99, or AH.
'Start of Construction' includes substantial improvement, and means the date the
building permit was. issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the permit
date. 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.
'Structure' means a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as 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:
a. before the improvement or repair is started; or
b. if the structure has been damaged, and is being restored, before the damage
occurred.
For the purposes of this definition 'substantial improvement' is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
a. any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions; or
b. any alteration of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
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.
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'Violation" means the failure of a structure or other development to be fully. compliant
with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence
of compliance required in this ordinance is presumed to be in violation until such
time as that documentation is provided.
SECTION 4 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazards, areas of flood -
related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the
jurisdiction of the City of Diamond Bar.
SECTION 5 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard, areas of flood -related erosion hazards and areas
of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management
Agency or the Federal Insurance Administration in a scientific and engineering report
entitled "Flood Insurance Study of the County of Los Angeles and all revisions
thereto, 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 an file at the City of Diamond Bar City Halt. This Flood Insurance Study 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.
SECTION 6 COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, converted,
or altered without full compliance with the terms of this ordinance and other
applicable regulations. Violations of the provisions of this ordinance by failure to
comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a
misdemeanor. Nothing herein shall prevent the City Council of the City of Diamond
Bar from taking such lawful action as is necessary to prevent or remedy any
violation.
SECTION 7 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
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SECTION 8 INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and,
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
SECTION 9 WARNING AND DISCLAIMER OF UABIUTY.
The degree of flood protection required by this ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This ordinance does not imply that land outside
the areas of special flood hazards, areas of flood -related erosion hazards and areas
of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create liability on the part
of the City of Diamond Bar, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this ordinance or
any administrative decision lawfully made thereunder.
SECTION 10 ESTABUSHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be obtained before construction or development begins
within any area of special flood hazards, areas of flood -related erosion hazards or
areas of mudslide (i.e., mudflow) established in Section 5. Application for a
Development Permit shall be made on forms furnished by the Floodplain
Administrator and may include, but not be limited to: plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevation of the area in
question; existing or proposed structures, fill, 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 (including
basement) of all structures; in Zone AO elevation of highest adjacent grade
and proposed elevation of lowest floor of all structures.
B. Proposed elevation in relation to mean sea level to which any structure will
be floodproofed;
C. All appropriate certifications listed in Section 12.1) of this ordinance; and
D. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
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SECTION 11 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The City Manager is hereby appointed_to administer and implement this ordinance
by granting or denying development permits in accordance with its provisions.
SECTION 12 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The duties and responsibilities of the floodplain administrator shall include, but not
be limited to:
A. Permit review.
1. Review all development permits to determine that the permit
requirements of this ordinance have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding.
4. The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined
but a floodway has not been designated. For purposes of this —
ordinance, "adversely affects" means that the cumulative effect of the
proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point.
B. Use of Other Base Flood Data. When base flood elevation data has not
been provided in accordance with Section 5, the Floodplain Administrator
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 13 through 19. Any such information shall be submitted
to the City Council of the City of Diamond Bar for adoption.
C. Whenever a watercourse is to be altered or relocated:
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 Federal Insurance
Administration;
2. Require that the flood carrying capacity of the altered or relocated
portion of said watercourse is maintained.
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D. Obtain and maintain for public inspection and make available as needed:
1. the certification required in Section 13.C.1 (floor elevations);
2. the certification required in Section 13.0.2 (elevations in areas of
shallow flooding);
3. the certification required in Section 13.C.3.c (elevation orfloodproofing
of nonresidential structures);
4. the certification required in section 13.C.4.a or 13.C.4.b. (wet
floodproofing standard);
5. the certified elevation required in Section 13.13 (subdivision
standards);
6. the certification required in Section 17.A (floodway encroachments);
7, the reports required in Section 18.D. (mudflow standards).
E. Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazards, areas of flood -related
erosion hazards or areas of mudslide (i.e., mudflow) (for example, where
there appears to be a conflict between a mapped boundary and actual field
conditions). The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in
Section 20 and 21.
F. Take action to remedy violations of this ordinance, as authorized by law.
SECTION 13 STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of
Section 16,
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
2. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
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3. All new construction and substantial improvements shall be
constructdd with electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
4. Require within Zones AH or AO adequate drainage paths around
structures on slopes to guide flood waters around and away from
proposed structures.
C. Elevation 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 13.C.3. Upon the completion of the structure
the elevation of the lowest floor including basement shall be certified
by a registered professional engineer or surveyor, or verified by the
community building inspector to be properly elevated. Such
certification, or verification shall be provided to the Floodplain
Administrator.
2. New construction and substantial improvement of any structure in
Zone 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 feet if no depth
number is specified. Nonresidential structures may meet the
standards in Section 13.C.3. Upon the completion of the structure
the elevation of the lowest floor including basement shall be certified
by a registered professional engineer or surveyor, or verified by the
community building inspector to be properly elevated. Such
certification or verification shall be provided to the Floodplain
Administrator.
3. Nonresidential construction shall either be elevated in conformance
with Section 13.C.1. or 2. or together with attendant utility and sanitary
facilities:
a. be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to
the passage of water;
b. have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
C. be certified by a registered professional engineer that the
standards of this subsection are satisfied. Such certifications
shall be provided to the Floodplain Administrator.
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4. Require, for all new construction and substantial improvements, that
fully enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the
following minimum criteria:
a. Either a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided. The
bottom of all 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 floodwaters; or
b. Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration.
5. Manufactured homes shall also meet the standards in Section 16.
SECTION 14 STANDARDS FOR UTIUTIES
A. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters into the
system and discharge from systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
SECTION 15 STANDARDS FOR SUBDIVISIONS.
A. All preliminary subdivision proposals shall identify the flood hazard area and
the elevation of the base flood.
B. All final subdivision plans will provide the elevation of proposed structure(s)
and pads. If the site is filled above the base flood, the final pad elevation
shall be certified by a registered professional engineer or surveyor and
provided to the Floodplain Administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood
damage.
D. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
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SECTION 16 STANDARDS FOR MANUFACTURED HOMES
All new and replacement manufactured homes and additions to manufactured homes
shall:
A. Be elevated so that the lowest floor is at or above the base flood elevation;
and
B. Be securely anchored to a permanent foundation system to resist flotation,
collapse or lateral movement.
SECTION 17 FLOODWAYS.
Located within areas of special flood hazard established in Section 5 are areas
designated as floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
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A. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer is provided demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge.
B. If Section 17.A. is satisfied, all new construction and substantial
improvements shall comply with all other applicable flood hazard reduction
provisions of Sections 13 through 19 .
SECTION 18 MUDSUDE fi.e..- MUDFLOWI-PRONE AREAS
A. The Floodplain Administrator shall review permits for proposed construction
or other development to determine if it is proposed within a mudslide area.
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B. Permits shall be reviewed to determine that the proposed development is
reasonably safe from mudslide hazards. Factors to be considered in making
this determination include but are not limited to:
1. The type and quality of soils;
2. Evidence of ground water or surface water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will impose on the slope.
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C. Within areas which have mudslide hazards, the following requirements apply:
1. A site investigation and further review shall be made by persons
qualified in geology and soils engineering;
2. The proposed grading, excavation, new construction and substantial
improvements shall be adequately designed and protected against
mudslide damages;
3. The proposed grading, excavations, new construction and substantial
Improvements do not aggravate the existing hazard by creating either
on-site or off-site disturbances; and
4. Drainage, planting, watering and maintenance shall not endanger
slope stability.
D. Within Zone M on the Flood Insurance Rate Map, the community shall adopt
a drainage ordinance which at least complies with the standards of Sections
7001 through 7006 and Sections 7008 through 7015 of the most recent
amendment of the 1985 Uniform Building Code, and Chapter 70 of the most
recent amendment of the 1987 Los Angeles County Department of Public
Works Building Code or such successor codes as may be adopted, from time
'—' to time, by the City of Diamond Bar.
1. The location of foundation and utility systems of new construction and
substantial improvements;
2. The location, drainage and maintenance of all excavations, cuts and
fills and planted slopes;
3. Protective measures including but not limited to retaining walls,
buttress fills, subdrains, diverter terraces, benchings, etc.; and
4. Engineering drawings and specifications to be submitted for all
corrective measures, accompanied by supporting soils engineering
and geology reports.
SECTION 19 FLOOD -RELATED EROSION -PRONE AREAS
A. The Floodplain Administrator shall require permits for proposed construction
and other development within all flood -related erosion -prone areas as known
to the community.
B. ' Such permits shall be reviewed to determine whether the proposed site
alterations and improvements will be reasonably safe from flood -related
^, erosion and will not cause flood -related erosion hazards or otherwise
aggravate the existing hazard.
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C. If a proposed improvement is found to be in the path of flood -related erosion
or would increase the erosion hazard, such improvement shall be relocated
or adequate protective measures shall be taken to avoid aggravating the
existing erosion hazard.
D. Within Zone E on the Flood Insurance Rate Map, a setback is required for
all new development from the ocean, lake, bay, riverfront or other body of
water to create a safety buffer consisting of a natural vegetative or contour
strip. This buffer shall be designated according to the flood -related erosion
hazard and erosion rate, in relation to the anticipated 'useful life" of
structures, and depending upon the geologic, hydrologic, topographic and
climatic characteristics of the land. The buffer may be used for suitable
open space purposes, such as for agricultural, forestry, outdoor recreation
and wildlife habitat areas, and for other activities using temporary and
portable structures only.
SECTION 10 APPEAL BOARD
A. The City Council of the City of Diamond Bar shall hear and decide appeals
and requests for variances from the requirements of this ordinance.
B. The City Council shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this
ordinance.
C. In passing upon such applications, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and:
1. the danger that materials may be swept onto other lands to the injury
of others;
2. the danger of life and property due to flooding or erosion damage;
3. the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4. the importance of the services provided by the proposed facility to
the community;
S. the necessity to the facility of a waterfront location, where applicable;
a. the availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
7. the compatibility of the proposed use with existing and anticipated
development;
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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 in 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 utilities and
facilities such as sewer, gas, electrical, and water system, and streets
and bridges.
D. Generally, variances may be issued for new construction and substantial
improvements 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 items 20.C.1. through 20.C.11 have
been fully considered. As the lot size increases beyond one-half acre, the
technical justification required for issuing the variance increases.
E. Upon consideration of the factors of Section 20.0 and the purposes of this
ordinance, the City Council of the City of Diamond Bar may attach such
— conditions to the granting of variances as it deems necessary to further the
purposes of this ordinance.
F. The Floodplain Administrator shall maintain the records of all appeal actions
and report any variances to the Federal Insurance Administration upon
request.
SECTION 21 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 shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. a showing of good and sufficient cause;
2. a determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
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3- a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
E. 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 21.A through 21.D
are satisfied and that the structure or other development is protected by
methods that minimize flood 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.
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