ORDINANCE 1427ORDINANCE NO. 1427
AN ORDINANCE ADOPTING THE MODEL FLOODPLAIN
MANAGEMENT ORDINANCE FOR SPECIAL FLOOD HAZARDS
WITHIN THE CITY IN ORDER TO MAINTAIN ELIGIBILITY WITHIN THE
NATIONAL FLOOD INSURANCE PROGRAM (ENVIRONMENTAL
ASSESSMENT NO. 812).
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. The special flood hazard areas of El
inundation which results in loss of life
hazards, disruption of commerce
extraordinary public expenditures for
impairment of the tax base, all of which
safety, and general welfare;
Segundo are subject to periodic
and property, health and safety
and governmental services,
flood protection and relief, and
adversely affect the public health,
B. These flood losses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect of
obstructions in areas of special flood hazards which increase flood heights
and velocities also contributes to flood losses;
C. In order for City residents to be eligible to purchase federally- subsidized
flood insurance, cities must adopt floodplain management regulations
which meet or exceed the requirements set forth in Title 44, Part 60 of the
Code of Federal Regulations;
D. On December 12, 2008 the City of El Segundo filed an application for an
Environmental Assessment (EA -812) for Floodplain Management
Regulations for areas of special flood hazards within the City of El
Segundo;
E. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.,
"CEQA "), the regulations promulgated thereunder (14 Cal. Code of
Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted
March 16, 1993);
F. On February 17, 2009, the City Council held a public hearing regarding
the Ordinance for Floodplain Management Regulations. Based on the
evidence submitted during the City Council public hearing, staff
recommendations, and Council deliberations, it is in the public interest to
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adopt this Ordinance;
G. The adoption of this Ordinance will allow residents of the City of El
Segundo to remain eligible to purchase flood insurance through the
National Flood Insurance Program. The Ordinance meets the minimum
standards set forth in Title 44, Section 60.3 of the Code of Federal
Regulations;
SECTION 2: General Plan Consistency. The Floodplain Management Ordinance is
consistent with General Plan Goals, Objectives and Policies related to the Public Safety
Element of the General Plan. Specifically, the amendment is consistent with Public
Safety Element Goals, Objectives and Policies that include: Goal PS2, Policy PS2 -1.4
"Identify potential high -risk inundation coastal areas and manage them to reduce risk."
and Goal PS5, Objective PS5 -1 "It is the Objective of the City of El Segundo that the
City improve flood control systems and provide adequate protection in areas subject to
inundation." The Floodplain Management Ordinance complies with PS2 in that the
Floodplain Ordinance regulates construction in order to protect human life and health
and minimize damage to structures in special flood hazard areas identified and mapped
by the Federal Emergency Management Agency (FEMA). The Floodplain Management
Ordinance complies with PS5 in that it requires that new construction in areas
vulnerable to floods be protected against flood damage.
SECTION 3: Coastal Plan Consistency. The City of El Segundo coastal zone consists
of an area of approximately 50 acres in area. The linear extent of beach frontage is
slightly less than one mile and the coastal zone in this area is approximately 200 yards
in width. The special flood hazard area appears to be roughly contiguous with the
portion of the City's coastal zone designated as "shoreline" area within the City's Local
Coastal Program (LCP). The Floodplain Management Ordinance does not conflict with
the City's adopted LCP policies regarding development in that no additional uses or
change to the uses allowed within the shoreline area of the coastal zone will result from
the adoption of the Ordinance. The LCP allows for the construction of beach facilities,
such as lifeguard towers and rest room facilities and allows for above or below grade
facilities required as part of the operation of coastal dependant energy facilities. The
Floodplain Management Ordinance's effect is limited to requiring that any new
construction or substantial improvement to existing structures will have to comply with
the "standards of construction" identified in the Ordinance.
SECTION 4: Environmental Assessment. The City Council determines that this
Ordinance is Categorically Exempt from review under the California Environmental
Quality Act (California Public Resources Code § §21000, et seq., "CEQA ") and the
regulations promulgated thereunder (14 California Code of Regulations § §15000, et
seq., the "CEQA Guidelines ") because it consists of an action taken the City to ensure
the maintenance and protection of the environment. Accordingly, the Ordinance
constitutes a Class 8 exemption pursuant to CEQA Guidelines § 15308.
SECTION 5: The Model Ordinance for Floodplain Management, attached as Exhibit "A,"
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and incorporated by reference, is adopted. The City Manager is authorized to
promulgate such administrative policies and procedures that may be required to
implement this Ordinance.
SECTION 6: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end; the provisions
of this Ordinance are severable.
SECTION 7: Limitations. The City Council's analysis and evaluation of the project is
based on the best information currently available. It is inevitable that in evaluating a
project that absolute and perfect knowledge of all possible aspects of the project will not
exist. One of the major limitations on analysis of the project is the City Council's lack of
knowledge of future events. In all instances, best efforts have been made to form
accurate assumptions. Somewhat related to this are the limitations on the City's ability
to solve what are in effect regional, state, and national problems and issues. The City
must work within the political framework within which it exists and with the limitations
inherent in that framework.
SECTION 8: Repeal or amendment of any provision of the ESMC will not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 9: If this entire Ordinance or its application is deemed invalid by a court of
competent jurisdiction, any repeal of the ESMC or other City Ordinance by this
Ordinance will be rendered void and cause such ESMC provision or other the city
ordinance to remain in full force and effect for all purposes.
SECTION 10: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
1911
SECTION 11: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 3`d day of March 2009.
/A(A-
Kelly McDowell, MayQV
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1427 was duly introduced by said City Council at a regular meeting held
on the 17th day of February, 2009, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the 3`d day of March, 2009, and the same was
so passed and adopted by the following vote:
AYES: McDowell, Busch, Brann, Fisher, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None
. - City Clerk
APPROVED
Mark D. Hen
M_
Karl H. Berger
Assistant City ttorney
M
EXHIBIT "A"
FLOODPLAIN MANAGEMENT REGULATIONS
SECTION 1.0
PURPOSE AND METHODS
1.1 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 legally enforceable regulations applied
uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide [i.e.
mudflow] or flood related erosion areas. These regulations are designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public,
D. Minimize prolonged business interruptions,
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and
sewer lines, and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special
flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
1.2 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this ordinance includes regulations to:
A. Restrict or prohibit 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. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which
help accommodate or channel floodwaters,
D. Control filling, grading, dredging, and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which
may increase flood hazards in other areas.
SECTION 2.0
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.
"A zone" - see "Special flood hazard area"
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on
which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan - shaped deposit of boulders, gravel,
and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited
on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment
movement and deposition, and channel migration.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that
formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this
ordinance.
"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. Such flooding is characterized by ponding or
sheet flow.
"Area of special flood hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year
(also called the 100 -year flood "). Base flood is the term used throughout this ordinance.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH,
Al -30, VE and V1 430 that indicates the water surface elevation resulting from a flood that has a 1- percent or
greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides
"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry,
wood, metal, plastic or any other suitable building material which is not part of the structural support of the building
and which is designed to break away under abnormally high tides or wave action without causing any damage to
the structural integrity of the building on which they are used or any buildings to which they might be carried by
flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than
20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and
shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur during the base
flood; and
2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and
water loads acting simultaneously in the event of the base flood.
"Building" - see "Structure"
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a
primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or
seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis.
The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1 N30. VE, or V.
"Development" 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 or storage
of equipment or materials.
"Encroachment" means 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 home park or subdivision" means a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at
a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before September 26, 2008
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from the
overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any
source; and /or mudslides (i.e., mudflows); and
2. The condition resulting from flood - related erosion.
"Flood Boundary and Floodway Map (FBFM)" 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 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 Flood Insurance Rate Map, 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 "Flooding."
"Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain
management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain,
including but not limited to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control)
and other application of police power which control development in flood -prone areas. This term describes
federal, state or local regulations in any combination thereof which provide standards for preventing and reducing
flood loss and damage.
"Floodproofing" 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. For guidelines on dry and wet floodproofing, see the applicable FEMA
Technical Bulletins TB -1. TB -3 and TB -7
"Floodway" 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 "
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment
may be permitted.
"Fraud and victimization" as related to Section 6.0, means that the variance granted must not cause fraud on or
victimization of the public. In examining this requirement, the City Council will consider the fact that every newly
constructed building adds to government responsibilities and remains a 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 the
community as a whole are subject to all the costs, inconvenience, danger, 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.
"Functionally 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, and does not
include long -term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and
implement regulations to provide for the public health, safety and general welfare of its citizenry.
4
"Hardship" as related to Section 6 means the exceptional hardship that would result 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 preferences, or the disapproval of one's neighbors likewise cannot,
as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without
granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or
put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register:
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify
as a registered historic district,
3. Individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of Interior, or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs
that have been certified either by an approved state program as determined by the Secretary of the
Interior or directly by the Secretary of the Interior in states without approved programs.
"Levee" means a man -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" means a flood protection system which consists of a levee, or levees, and associated structures,
such as closure and drainage devices, which are constructed and operated in accord with sound engineering
practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement'
definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to applicable non - elevation design requirements, including, but not
limited to:
a. The flood openings standard in Section 5.1.C.3;
b. The anchoring standards in Section 5.1.A;
c. The construction materials and methods standards in Section 5.1.B; and
d. The standards for utilities in Section 5.2.
2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be
basements (see "Basement" definition). This prohibition includes below -grade garages and storage
areas.
"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 attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle ".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale
"Market value" is defined in the City of El Segundo substantial damage /improvement procedures. See Section
4.2.B.1.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction ", for floodplain management purposes, means structures for which the "start of construction"
commenced on or after September 26. 2008, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after September 26. 2008.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, 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 of being carried downstream.
"One- hundred -year flood" or "100 -year flood" - see "Base flood "
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep
seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and
overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune
occurs at the point where there is a distinct change from a relatively mild slope.
"Program deficiency" means a defect in a community's floodplain management regulations or administrative
procedures that impairs effective implementation of those floodplain management regulations .
"Public safety and nuisance" as related to Section 6, means that the granting of a variance must not result in
anything which is injurious to safety 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.
"Recreational vehicle" means a vehicle which is
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self - propelled or permanently towable by a light -duty truck, and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use
"Regulatory floodway" 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.
G
"Remedy a violation" 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 State or Federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Sheet flow area" - see "Area of shallow flooding "
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. It is shown on an FHBM or FIRM as Zone A. AO, Al -A30, AE, A99, AH, V1-V30, VE or
V.
"Start of construction" includes substantial improvement and other proposed new development and means the
date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days from the date of the permit. The actual start
means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufacture home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the installation of streets and /or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid
storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures which have incurred "substantial damage ",
regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or
safety code specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
N zone" - see "Coastal high hazard area."
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"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
"Violation" means the failure of a structure or other development to be fully compliant with this ordinance. 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.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929,
North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
"Watercourse" means 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 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of El Segundo.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the
"Flood Insurance Study (FIS) for Los Angeles County, California and Incorporated Areas" dated September
26, 2008, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps
(FBFM's), dated September 26, 2008, and all subsequent amendments and /or revisions, are hereby adopted
by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum
area of applicability of this ordinance and may be supplemented by studies for other areas which allow
implementation of this ordinance and which are recommended to the City Council by the Floodplain
Administrator. The study, FIRM's and FBFM's are on file at the Department of Planning and Building Safety,
350 Main Street, El Segundo, CA.
3.3 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. Violation of the requirements (including violations
of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from
taking such lawful action as is necessary to prevent or remedy any violation.
3.4 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.
3.5 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.
3.6 WARNING AND DISCLAIMER OF LIABILITY.
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 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 El Segundo, any officer or employee thereof, the State of
California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
3.7 SEVERABILITY.
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 invalid, 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.
9
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The City Manager or his /her authorized designee is hereby appointed to administer, implement, and enforce
this ordinance by granting or denying development permits in accord with its provisions.
4.2 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
A. Permit Review.
Review all development permits to determine:
1. Permit requirements of this ordinance have been satisfied, including determination of substantial
improvement and substantial damage of existing structures;
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. This 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
1 foot at any point within the City of El Segundo; and
5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance
of building permits. Building Permits must not be issued based on Conditional Letters of Map
Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project
and land preparation as specified in the "start of construction" definition.
B. Development of Substantial Improvement and Substantial Damage Procedures.
1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged
Buildings," develop detailed procedures for identifying and administering requirements for
substantial improvement and substantial damage, to include defining "Market Value."
2. Assure procedures are coordinated with other departments /divisions and implemented by
community staff.
C. Review, Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with Section 3.2, the Floodplain
Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data
available from a federal or state agency, or other source, in order to administer Section 5.
NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication,
FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining
and Developing Base (100 -year) Flood Elevations
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D. Notification of Other Agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources prior to
alteration or relocation:
b. Submit evidence of such notification to the Federal Emergency Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said
watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project completion, whichever comes
first, the floodplain administrator shall submit or assure that the permit applicant submits
technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR's for flood control projects are approved prior to the issuance of building permits.
Building Permits must not be issued based on Conditional Letters of Map Revision
(CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and
land preparation as specified in the "start of construction" definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting
flooding conditions, risk premium rates and floodplain management requirements are based on
current data.
3. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or
other means and include a copy of a map of the community clearly delineating the new corporate
limits.
E. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by Section 5.1.C.1 and Section 5.4 (lowest floor elevations);
2. Certification required by Section 5.1.C.2 (elevation or floodproofing of nonresidential structures);
3. Certification required by Sections 5.1.C.3 (wet floodproofing standard);
4. Certification of elevation required by Section 5.3.A.3 (subdivisions and other proposed
development standards);
5. Certification required by Section 5.6.13 (floodway encroachments);
6. Information required by Section 5.7.F (coastal construction standards); and
7. Maintain a record of all variance actions, including justification for their issuance, and report such
variances issued in its biennial report submitted to the Federal Emergency Management Agency.
F. Map Determination.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special
it
flood hazard, 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 4.4.
F. Remedial Action.
Take action to remedy violations of this ordinance as specified in Section 3.3.
G. Biennial Report.
Complete and submit Biennial Report to FEMA.
H. Planning.
Assure community's General Plan is consistent with floodplain management objectives herein.
4.3 DEVELOPMENT PERMIT
A development permit shall be obtained before any construction or other development, including
manufactured homes, within any area of special flood hazard established in Section 3.2. Application for a
development permit shall be made on forms furnished by the City of El Segundo. The applicant shall provide
the following minimum information
A. Plans in duplicate, drawn to scale, showing-
1 . Location, dimensions, and elevation of the area in question, existing or proposed structures,
storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3 Grading information showing existing and proposed contours, any proposed fill, and drainage
facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 3.2 or Section 4.2.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures; and
T Proposed elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed, as required in Section 5.1.C.2 of this ordinance and detailed in FEMA Technical
Bulletin TB 3 -93.
B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building
meets the floodproofing criteria in Section 5.1.C.2.
C. For a crawl -space foundation, location and total net area of foundation openings as required in
Section 5.1.C.3 of this ordinance and detailed in FEMA Technical Bulletins 1 and 7.
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed
development.
E. All appropriate certifications listed in Section 4.2.E of this ordinance.
4.4 APPEALS.
The City Council of the City of El Segundo 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.
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SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvements of structures, including manufactured homes, shall
be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. Construction Materials and Methods.
All new construction and substantial improvements of structures, including manufactured homes, shall
be constructed:
1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the
base flood elevation;
2. Using methods and practices that minimize flood damage;
3 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, and
4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to
guide flood waters around and away from proposed structures.
C. Elevation and Floodproofing.
1. Residential construction.
All new construction or substantial improvements of residential structures shall have the lowest
floor, including basement:
a. In AE, AH, Al -30 Zones, elevated to or above the base flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding
the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest
adjacent grade if no depth number is specified.
c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or
above the base flood elevation; as determined under Section 4.2.C.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall
be certified by a registered civil engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and verification shall be provided to
the Floodplain Administrator.
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2. Nonresidential construction.
All new construction or substantial improvements of nonresidential structures shall either be
elevated to conform with Section 5.1.C.1 or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation
recommended under Section 5.1.C.1, so that 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 civil engineer or architect that the standards of Section 5.1 C.2.a
& b are satisfied. Such certification shall be provided to the Floodplain Administrator.
3. Flood openings.
All new construction and substantial improvements of structures with fully enclosed areas below
the lowest floor (excluding basements) that are usable solely for parking of vehicles, building
access or storage, and which are subject to flooding, shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs
for meeting this requirement must meet the following minimum criteria:
a. For non - engineered openings:
1. Have a minimum of two openings on different sides having a total net area of not less
than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3 Openings may be equipped with screens, louvers, valves or other coverings or devices
provided that they permit the automatic entry and exit of floodwater; and
4 Buildings with more than one enclosed area must have openings on exterior walls for
each area to allow flood water to directly enter; or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes.
a. See Section 5.4.
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5. Garages and low cost accessory structures.
a. Attached garages.
1 A garage attached to a residential structure, constructed with the garage floor slab below
the BFE. must be designed to allow for the automatic entry of flood waters. See Section
5.1.C.3. Areas of the garage below the BFE must be constructed with flood resistant
materials. See Section 5.1.B.
2. A garage attached to a nonresidential structure must meet the above requirements or be
dry floodproofed. For guidance on below grade parking areas, see FEMA Technical
Bulletin TB -6.
b. Detached garages and accessory structures.
1 "Accessory structures" used solely for parking (2 car detached garages or smaller) or
limited storage (small, low -cost sheds), as defined in Section 2, may be constructed such
that its floor is below the base flood elevation (BFE), provided the structure is designed
and constructed in accordance with the following requirements:
a) Use of the accessory structure must be limited to parking or limited storage,
b) The portions of the accessory structure located below the BFE must be built using
flood- resistant materials,
c) The accessory structure must be adequately anchored to prevent flotation, collapse
and lateral movement:
d) Any mechanical and utility equipment in the accessory structure must be elevated or
floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment provisions in
Section 5.6; and
f) The accessory structure must be designed to allow for the automatic entry of flood
waters in accordance with Section 5.1.C.3.
2. Detached garages and accessory structures not meeting the above standards must be
constructed in accordance with all applicable standards in Section 5.1.
5.2 STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or
eliminate:
1. Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
B. On -site waste disposal systems shall be located to avoid impairment to them, or contamination from
them during flooding.
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5.3 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT.
A. All new subdivisions proposals and other proposed development, including proposals for
manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser,
shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
3. If the site is filled above the base flood elevation, the following as -built information for each
structure shall be certified by a registered civil engineer or licensed land surveyor and provided as
part of an application for a Letter of Map Revision based on Fill (LOMR -F) to the Floodplain
Administrator:
a. Lowest floor elevation
b. Pad elevation
c. Lowest adjacent grade.
B. All subdivision proposals and other proposed development shall be consistent with the need to
minimize flood damage.
C. All subdivision proposals and other proposed development shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
0. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure
to flood hazards.
5.4 STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a
manufactured home park or subdivision, (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 upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall:
1. Within Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map, 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 to resist flotation, collapse, and lateral movement.
2. Within Zones V1 -30, V, and VE on the community's Flood Insurance Rate Map, meet the
requirements of Section 5.7.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured
home park or subdivision within Zones Al -30, AH, AE, V1 -30, V, and VE on the community's Flood
Insurance Rate Map that are not subject to the provisions of Section 5.4.A will be securely fastened
to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and
be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height above grade.
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Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by
a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be
properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
5.5 STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed in Zones Al -30, AH, AE, V1 -30 and VE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions; or
3. Meet the permit requirements of Section 4.3 of this ordinance and the elevation and anchoring
requirements for manufactured homes in Section 5.4.
B. Recreational vehicles placed on sites within Zones V1 -30, V, and VE on the community's Flood
Insurance Rate Map will meet the requirements of Section 5.5.A and Section 5.7.
5.6 FLOODWAYS.
Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial development, or other
development (including fill) shall be permitted within Zones Al -30 and AE, unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other development,
will not increase the water surface elevation of the base flood more than 1 foot at any point within the
City of El Segundo.
B. Within an adopted regulatory floodway, the City of El Segundo shall prohibit encroachments, including
fill, new construction, substantial improvements, and other development, unless certification by a
registered civil engineer is provided demonstrating that the proposed encroachment shall not result in
any increase in flood levels during the occurrence of the base flood discharge.
C. If Sections 5.6.A & B are satisfied, all new construction, substantial improvement, and other
proposed new development shall comply with all other applicable flood hazard reduction provisions of
Section 5.
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5.7 COASTAL HIGH HAZARD AREAS
Within coastal high hazard areas, Zones V, V1 -30, and VE, as established under Section 3.2, the following
standards shall apply:
A. All new residential and non - residential construction, including substantial improvement /damage, shall
be elevated on adequately anchored pilings or columns and securely anchored to such pilings or
columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding
the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and
structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the
effects of wind and water loads acting simultaneously on all building components. Water loading
values used shall be those associated with the base flood. Wind loading values used shall be those
required by applicable state or local building standards.
B. All new construction and other development shall be located on the landward side of the reach of
mean high tide.
C. All new construction and substantial improvement shall have the space below the lowest floor free of
obstructions or constructed with breakaway walls as defined in Section 2 of this ordinance. Such
enclosed space shall not be used for human habitation and will be usable solely for parking of
vehicles, building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Man -made alteration of sand dunes which would increase potential flood damage is prohibited.
F. The Floodplain Administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure complies with Sectior
5.7.A. and
2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural
member of the lowest floor (excluding pilings or columns) of all new and substantially improved
structures, and whether such structures contain a basement.
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SECTION 6.0
VARIANCE PROCEDURE
6.1 NATURE OF VARIANCES.
The issuance of a variance is for floodplain management purposes only. Insurance premium rates are
determined by statute according to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law
that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a
parcel of property with physical characteristics so unusual that complying with the requirements of this
ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels. The unique
characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City Council of the City of E1 Segundo to help protect its citizens from flooding. This need is
so compelling and the implications of the cost of insuring a structure built below flood level are so serious that
variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long
term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions
that must be met before a variance can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
6.2 CONDITIONS FOR VARIANCES.
A. 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 Sections 4 and 5 of this ordinance have been fully considered. As the lot size
increases beyond one -half acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in
Section 2 of this ordinance) upon a determination that the proposed repair or rehabilitation will not
preclude the structure's 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 not be issued within any mapped regulatory floodway if any increase in flood levels
during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the "minimum necessary"
considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a
minimum of deviation from the requirements of this ordinance. For example, in the case of 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.
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E. Any applicant to whom a variance is granted shall be given written notice over the signature of a
community official that:
1. The issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage, and
2. Such construction below the base flood level increases risks to life and property. It is
recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the
Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
F. The Floodplain Administrator will maintain a record of all variance actions, including justification for
their issuance, and report such variances issued in its biennial report submitted to the Federal
Emergency Management Agency.
6.3 APPEAL BOARD.
A. In passing upon requests for variances, the City Council shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this ordinance, and the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the existing individual owner and future owners of the property;
4. Importance of the services provided by the proposed facility to the community,
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain management program
for that area;
9. Safety of access to the property in time of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters
expected at the site; and
11. 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.
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B. Variances shall only be issued upon a
1. Showing of good and sufficient cause.
2. Determination that failure to grant the variance would result in exceptional "hardship" to the
applicant; and
3. Determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety
and nuisance "), cause "fraud and victimization" of the public, or conflict with existing local laws
or ordinances.
C. Variances may be issued for new construction, substantial improvement, and other proposed new
development necessary for the conduct of a functionally dependent use provided that the provisions of
Sections 6.3.A through 6.3.101 are satisfied and that the structure or other development is protected
by methods that minimize flood damages during the base flood and does not result in additional
threats to public safety and does not create a public nuisance.
D. Upon consideration of the factors of Section 6.2.A and the purposes of this ordinance, the City
Council may attach such conditions to the granting of variances as it deems necessary to further the
purposes of this ordinance.
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