Part 1

The City Council finds and declares that laws and ordinances regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, area and maintenance of all buildings and structures in the City, as well as swimming pools and other bodies of water and other related structures, and providing for the issuance of permits and the collection of fees therefore, and declaring and establishing fire zones, is necessary to preserve the public peace, health, safety and welfare.

No building permit shall be issued by any officer, official or employee of the City of Lakewood for any building or structure not in conformity with the provisions of this Article. If any such permit is so issued contrary to the provisions of this Article, such permit shall be void.

If an applicant for a permit under this Article is required, as a condition of the issuance of such permit, to indemnify the City or County of Los Angeles from liability or responsibility for any damage or injury to persons or property occurring as a proximate result to activities undertaken pursuant to the permit applied for, the applicant may be required to file a certificate of insurance evidencing coverage of the City and/ or County of not less than $500,000.00 for bodily injury and $100,000.00 for property damage liability to assure compliance with the foregoing indemnification.

That no permit be issued for the construction of a new home within the City of Lakewood unless the builder or owner agrees to install a garbage disposal unit in said home; that no permit be issued for the remodeling or the rebuilding of a home where in the discretion of the Building Department said remodeling or rebuilding will involve fifty percent (50%) or more new construction unless the builder or owner agrees to install a garbage disposal unit in said home if one is not already installed in same.

All houses, residences, dwelling units, buildings, and structures ("addressed building(s)") within the City of Lakewood, other than garages, small outbuildings, shall be numbered in accordance with the address numbering system heretofore adopted and historically used by the City of Lakewood. It shall be unlawful for the owner, occupant or person in charge or control of any such addressed building, required to have an address number under the provisions of this section, to fail or refuse to obtain and properly display upon any such addressed building, the official address number or numbers assigned by the City for such addressed building(s). This is important to provide vital locational information to allow efficient access by emergency, utility, service, postal and any other delivery or personal service.

• A. The address numbering for buildings in the R-1 and R-A zone shall comply with California Residential Code R319.1 and California Building Code 501.2 as each are amended from time to time. Each numeric digit shall be a minimum of four (4") inches in height with a one (1") inch stroke in plain Arabic digits.

• B. The address numbering for all buildings not in the R-1 or R-A zone shall comply with the California Building Code, Section 502.1.

• C. The address numbering for each addressed building on the lot or parcel shall be plainly visible from the public streets of the City of Lakewood, as hereinafter provided, and shall not be hidden from view from the street by any trees, bushes, shrubs, or any other obstruction.

• D. In all cases where the addressed building or buildings are located on or back of the property line of the street on which it fronts and to which it is addressed, the address numbers shall be placed on the addressed building either at the side of the main entrance, over the main entrance, upon the porch or the numbers may be placed over or at the side of the gateway to the property or upon any other structure near to but back of the property line in such a manner that the address(es) shall be plainly visible from the street.

• E. In the case where the addressed building or unit is behind another addressed building or is in a building complex with many addressed buildings or units, which may be accessed by a private drive, then the building address(es) for such buildings or units shall be displayed on a structure designed specifically to display the addresses of all such addressed building or units on the lot or upon the addressed building nearest to and fully visible from the street. A directional arrow or locational diagram may be required to be added to provide clear wayfinding direction. Such rear addressed buildings or units may have a second set of addressed numbers attached to such addressed buildings for confirmation purposes.

Wherever house numbers have been placed upon curbs in accordance with a permit issued as provided in this Code or pursuant to authorization of the City Council, said numbers shall only be removed, changed or obliterated when authorized by said permit or the City Council. No person shall, and it is hereby declared unlawful for any person to remove or to paint over or to obliterate or destroy any house number painted upon a public curb dedicated to or owned by the City if said house number had been previously painted or placed thereon by the City, or by an agent or contractor of the City, or pursuant to a permit issued by the City, unless the removal, obliteration, or painting over the same has been authorized by the City or by a permit issued by the City.

Part 2

Every person in possession of land within the City of Lakewood, either as owner, purchaser under contract or otherwise, fee holder, lessee, tenant or licensee upon which is situated a swimming pool, fish pond, or other body of water, which contains water eighteen inches or more in depth at any point, either above or below ground level, said pool, pond or water, hereinafter referred to for the purpose of simplicity as "pool", shall at all times erect and maintain on said land, premises or lot upon which said pool is located, and completely surrounding such pool or such lot, land or premises containing said pool, a fence or other solid structure not less than five feet in height above the underlying ground, with no openings therein (other than doors or gates as hereinafter provided) larger than fifty square inches, except that a rectangular opening having no horizontal dimension exceeding four inches may have a greater area. In addition to the foregoing, the following rules and regulations shall apply and no permit shall be issued in violation thereof and all such persons shall maintain said lot or premises at all times in accordance with:

• A. Wood fences shall be constructed of redwood or pressure treated posts not less than three inches by three inches, set not more than ten feet apart, imbedded at least eighteen inches in the ground. Vertical boards at least one-half inch thick shall be fastened securely to not less than two horizontal rails at least two inches by three inches in dimension. Wire fences shall consist of galvanized wire mesh, minimum eleven gauge, with galvanized pipe posts of at least one and one-quarter inches diameter based not more than ten feet apart. Posts shall be set not less than twelve inches in concrete, in post holes six inches in diameter and eighteen inches deep. Masonry fences shall have a concrete footing at least twelve inches wide and six inches thick with the bottom not less than twelve inches below ground surface. Any wall re-enforcing steel shall be imbedded in the footing.

• B. All gates or door openings through such enclosures shall meet the fence requirements for height and durability. Said gates or doors shall be equipped at all times with fully operating self-closing and selflatching devices placed at least four and one-half feet above the underlying ground or otherwise made inaccessible from the outside to small children.

• C. Gate and door closers shall have adequate capacity and strength to readily and automatically close the door or gate and engage the latch after each time or purpose of operation. The device may be gravity or spring loaded. Any mechanism exposed to the weather shall be of a type intended for such location.

• D. Gate or door latching mechanism and installation shall be capable of keeping the gate or door closed at all times when not in actual use. The devise shall be self-latching.

• E. Double doors or pairs of gates shall not be installed or maintained as part of the aforementioned required fence or enclosure if so designed that one leaf must be fixed or inactive to engage the hardware or latching device from the other or active leaf. No double door or pairs of gates shall be installed or maintained in any such fence or enclosure except in the manner approved by the Chief Building Official.

• F. Garage doors and driveway gates shall not be installed or maintained as part of the required fence or enclosure.

• G. Doors that provide access to the pool area from dwelling units are not required to have the aforementioned self-closing and self-latching devices.

Lights used to illuminate such pool shall be so arranged and shaded as to reflect light away from any adjoining premises.

No person, firm or corporation shall build, erect, construct, enlarge, relocate, or structurally alter any pool, as herein defined, or any fence or wall surrounding or containing said pool as hereinbefore required, within the City of Lakewood, without first having obtained therefor a permit from the Building Department in conformity with the provisions of this Chapter, The provisions of this Chapter in respect to approval of the work to be so performed shall govern with the exception, however, that Section 8013 shall govern to the exclusion of the other provisions of this Chapter in respect to appeals from the decision of the Building Department. In addition to any other provisions of this Chapter, the application for said permit shall show clearly and concisely be description, plan or otherwise and as indicated by the Building Department, the type, size and location of said pool and the type, size and location of the proposed fence. If the Building Department finds that said permit conforms with the provisions of this Chapter and any other provisions of the Lakewood Municipal Code, such a permit may be issued. The Building Department may make slight modifications for good cause shown in individual cases with respect to the height of the fence or the nature or the position of the latch. The Building Department may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, wall, gate and latch described herein. Upon the application of a property owner, the Building Department may grant extensions of time for compliance for good cause shown in individual cases. Such extensions of time shall not exceed 30 days at a time.

Any person aggrieved by the decision of the Building Department may appeal said decision to the City Planning Commission. The rules pertaining to the granting of variances and conditional use permits as set forth and hereafter amended in Chapter 3, entitled "Zoning", of Article IX of the Lakewood Municipal Code, shall govern the hearing and procedure before the City Planning Commission with the exception that the appeal from the decision of the Building Department shall be considered the application required by said Chapter 3, Article IX, and that said appeal must be in writing and filed with the Secretary of the City Planning Commission within fifteen (15) days from the date the party aggrieved has received notice or knowledge of the decision of the Building Department.

No barbed wire or other sharp pointed fence or electrically charged wire shall be erected, maintained or constructed in the City unless a permit for the same has been issued by the City Planning Commission upon application and pursuant to the terms and provisions of Chapter 3 of Article IX of the Lakewood Municipal Code.

All persons coming within the provisions of Sections 8010, 8011, and 8014, shall comply with the provisions of Sections 8010-8016 herein within ninety (90) days after its effective date.

In lieu of maintaining a fence, wall or other structure as required in Section 8010, such person may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. In the event the pool is not under observation of a competent person, a pool cover or other protective device approved by the Building Department must be used. No person shall qualify for the "in lieu" provisions of this section unless he has received a permit to do so upon application as provided in Section 8012 and 8013. The Building Department or City Planning Commission in hearing such an application shall consider the competency of the person keeping the pool under observation, the method of observation, the nature and type of protective device and the programming or scheduling in respect to times of observation and in respect to placement of the protective device. The Building Department and the City Planning Commission, in their discretion, may decide whether or not such a proposed "in lieu" program will safely and adequately protect the general public and especially small children. The Building Department and/ or City Planning Commission in issuing such an "in lieu" permit, may impose any reasonable additional conditions necessary for the protection and safety of the general public and in particular small children.

In lieu of the requirement of Sections 8010 through 8016 of this Chapter where bodies of water otherwise within the definition of Section 8010 are located on public land with the City of Lakewood, the City Planning Commission may, upon application, and where it has determined that dispensing with the provisions of Section 8010 through 8016 will adequately protect the public health, safety and welfare, under such conditions, if any if may decide to impose, Sections 8010 through 8016 need not be complied with. This Section shall apply only to public bodies of water located on land owned possessed, or under control of state, county, municipal or other governmental entities, or their lessees or assigns.

Every person in possession of land within the City of Lakewood, either as owner, purchaser under contract, or otherwise, fee holder, lessee, tenant, or licensee, adjacent to land coming within the definition of Section 8010 upon which there is located a pool and for which a permit has been obtained in accordance with Section 8010, shall not change, alter, or increase the level of the underlying ground in possession of said person and adjacent to any fence or structure approved under Section 8010 so as to place the holder of a permit issued in accordance with Section 8010 in violation of said Section, without a permit to do so from the Building Department. Said permit shall be subject to the provisions of Section 8010, 8012, 8013 and 8014 of the Lakewood Municipal Code.

All persons who otherwise come within the provisions of Section 8018 and who have, prior to the effective date of the ordinance adopting Section 8018, so changed, altered, or increased the level of said adjacent underlying land shall comply with the provisions of Section 8018 within 90 days of the effective date of the ordinance adopting Sections 8018 and 8018.1 by restoring said adjacent land to the level the same existed on the date permit required under Section 8010 was so issued or by obtaining a permit as otherwise required by Section 8018.

No construction shall take place within the City except between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Construction shall be prohibited on Sundays and on such holidays as may be designated by Council resolution. The Community Development Director may extend the hours of operation for special circumstances by providing written notice to surrounding residents in advance. The restriction on construction hours shall not apply to emergency repairs required to protect the public health, safety, and welfare, whether performed by a public agency, utility, company, or private owner. The restrictions also shall not apply to residential property owners and or members of their immediate family, performing work on their personal property.

The following activities are exempt from the provisions of Section 8019 of this code:

• A. Work performed in a zone prohibiting residential use when such work is at least five hundred (500) feet from a residential zone within any jurisdiction.

• B. Work performed by a public utility or governmental agency when such work is necessary for the preservation of life or property and such necessity requires work within the prohibited hours.

• C. Emergency work necessary for the preservation of life or property when such necessity arises during prohibited hours or where immediate action is required prior to the time permission could be obtained except when this work is performed by a public utility or governmental agency. A permit shall be obtained for such work from the Director of Community Development within one (1) working day after such work is started.

• D. The Director of Community Development may approve a written request for construction activity during prohibited hours, provided the written request states the reason and the facts upon which the reasons are based, and the Director makes the following findings:

  1. The work to be done is in the best public interest; or

  2. Hardship or injustice or unreasonable delay would result from the interruption of the work during the specified times; or

  3. The building or structure involved is devoted or intended to be devoted to a use immediately incident to public defense.

Any person dissatisfied with the decision of the Director of Community Development may appeal said decision to the Planning Environment Commission within ten days of the decision.

Part 3

Floodplain Management[Added by Ord. 98-5]

The following regulations apply to all properties in the area of special flood hazard within the City of Lakewood designated by FEMA as the AR Zone.

Unless specifically defined below, words or phrases used in the following subsection shall be interpreted so as to give them the meaning they have in common usage as to give the Floodplain Management Regulations reasonable application.

APPEAL — Means a request for a review of the Floodplain Administrator's interpretation of any provision of this Regulation.

AREA OF SPECIAL FLOOD HAZARD — See Special Flood Hazard Area.

AR ZONE — Means a special flood hazard area that results from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide a 100-year or greater level of flood protection.

AREA OF SHALLOW FLOODING — Means a designated AR (with base flood depth), 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 flow is characterized by ponding or sheet flow.

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 Chapter.

BASEMENT — Means any area of the building having its floor subgrade i.e., below ground level on all sides.

CITY — Means the City of Lakewood.

DEVELOPED AREA — Means an area of a community that is:

• A. A primarily urbanized, built-up area that is minimum of 20 contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential and commercial activities, and

  1. Within which 75 percent or more of the parcels, tracts, or lots contain commercial, industrial or residential structures or uses; or

  2. Is a single parcel, tract or lot in which 75 percent of the area contains existing commercial or industrial structures or uses; or

  3. Is a subdivision developed at a density of at least two residential structures per acre within 75 percent or more of the lots contain existing residential structures.

• B. Undeveloped parcels, tracts or lots, the combination of which is less than 20 acres and contiguous on at least 3 sides to areas meeting the criteria of Paragraph A.

• C. A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual "start of construction" of structures has occurred on at least:

  • Ten percent (10%) of the lots or remaining lots of a subdivision or
  2. Ten percent (10%) of the maximum building coverage or remaining building coverage allowed for a single lot subdivision and construction of structures is underway. Residential subdivisions must meet the density criteria in Paragraph A.3.

• D. Per the above definition, all of the land within the corporate limits of the City of Lakewood is a "developed area" for the following reasons:

  1. The City of Lakewood is a fully urbanized, built up area that is 6,108.32 contiguous acres in area, has basic infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential and commercial activities, and within which less than 0.5% of the land is vacant and undeveloped.

  2. There are no undeveloped/vacant parcels, tracts or lots within the City, that are 20 acres or greater in area. Nor are there undeveloped/vacant parcels, tracts or lots contiguous to each other that equal or exceed 20 acres in area. In addition, all undeveloped/vacant parcels, tracts, or lots within the City are contiguous on at least three sides to areas meeting the criteria of Paragraph A above.

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.

FLOOD, FLOODING, or FLOOD WATER — Means:

• A. 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

• B.

• The condition resulting from flood-related erosion.

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, and the water surface elevation of the base flood.

FLOODPLAIN OR FLOOD-PRONE AREA — Means any land area designated Zone A and AR.

FLOODPLAIN ADMINISTRATOR — Is the duly appointed and acting Director of Community Development.

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.

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.

FRAUD AND VICTIMIZATION — As related in the Variance Procedure, of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Planning and Environment Commission 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.

GOVERNING BODY — Is the City Council of the City of Lakewood.

HARDSHIP — As related in the Variance Procedure, of this Regulation means the exceptional hardship that would result from a failure to grant the requested variance. Said variance shall 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.

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).

• A. 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:

  • The wet floodproofing standard in Section 8034.1.C.

• The anchoring standards in Section 8034.1.A.

3. The construction materials and methods standards in Section 8034.1.B.

4. The standards for utilities in Section 8034.2.

• B. 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."

MEAN SEA LEVEL — Means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION — For floodplain management purposes, means new freestanding structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

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."

PUBLIC SAFETY AND NUISANCE — As related in the Variance Procedure, of this Regulation means that the granting of a variance shall not result in anything which is injurious to the 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:

• A. Built on a single chassis;

• B. 400 square feet or less when measured at the largest horizontal projection;

• C. Designed to be self-propelled or permanently towable by a light-duty truck; and

• D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

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 Regulation 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.

SHEET FLOW AREA — See Area of Shallow Flooding.

SPECIAL FLOOD HAZARD AREA (SFHA) — Means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the FIRM for Lakewood as Zones A and AR.

START OF CONSTRUCTION — Includes proposed new development and means the date the building permit was issued, provided the actual start of construction 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.

VARIANCE — Means a grant of relief from the requirements of this Regulation which permits construction in a manner that would otherwise be prohibited by this Regulation.

VIOLATION — Means the failure of a structure or other development to be fully compliant with this Regulation. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Regulation 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, (or other datum, where specified) 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.

The following general provisions are applicable to the flood plain management regulations:

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated July 6, 1998 and accompanying Flood Insurance Rate Map (FIRM), 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 Regulation and which are recommended to the City Council by the Floodplain Administrator. The study and FIRM are on file in the office of the City Clerk and the Community Development Department located at Lakewood City Hall, 5050 Clark Avenue, Lakewood, California.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this Regulation and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.

In the interpretation and application of this Regulation, 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.

The degree of flood protection required by this Regulation 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 Lakewood, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any food damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 8032.1. 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 AR (with base flood depth), elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

• B. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 8034.1.C.3; and

• C. All appropriate certifications listed in Section 8033.2.D. of this Regulation; and

• D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

The Director of Community Development is hereby appointed to administer, implement and enforce this Regulation by granting or denying development permits in accord with its provisions.

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 that:

  1. Permit requirements of this Regulation have been satisfied,

  2. All other required state and federal permits have been obtained,

  3. The site is reasonably safe from flooding, and

  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 Regulation, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

• B. Review and use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8032.1, 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 8034. Any such information shall be submitted to the City Council for adoption.

• C.

  • Notification of Other Agencies. In alteration or relocation of a watercourse:

  1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

  2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

  3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

• D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

  1. Certification required by Section 8034.1.C. l (lowest floor elevations),

  2. Certification required by Section 8034.1.C.2 (elevation or floodproofing of nonresidential structures),

  3. Certification required by Section 8034.1.C.3 (wet floodproofing standard),

  4. Certification of elevation required by Section 9222.7.B. (subdivision standards).

• E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 the Variance Procedures.

• F. Remedial Action. Take action to remedy violations of this Ordinance as specified in Section 8032.2.

• G. AR Zone Duties.

1. A determination has already been made, pursuant to Section 8031.9.D, that all areas within Zone AR, as well as within the corporate boundaries of the City, are "developed areas." Consequently, only Zone AR regulations pertaining to developed areas are applicable to development within the City of Lakewood.

   2. Determine the base flood elevation to be used for individual projects, by referring to Section 8034.1.C.

   3. Require the applicable standards in 8034.

   4. Provide written notification to the permit applicant that the area has been designated as an AR Zone and the structure be elevated or protected as specified in Section 8034.

The following general provisions are applicable for flood hazard reduction.

In all areas of special flood hazards the following standards are required:

• A. Anchoring.

  1. All new construction 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.

  2. All manufactured homes shall meet the anchoring standards of Section 8034.1.C.1.c.

• B. Construction Materials and Methods. All new construction shall be constructed:

  1. With materials and utility equipment resistant to flood damage;

  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;

  4. Within Zone AR (with base flood depth) so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from the proposed structures.

• C. Elevation and Floodproofing. (See definitions for "basement," "lowest floor," and "new construction.")

  1. New residential construction, including manufactured homes, shall meet the standards of Section 8034 and shall have the lowest floor, including basement, elevated as follows:

     • (a) In the AR (with base flood depth) 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 two feet above the highest adjacent grade if no depth number is specified.

     • (b) In the AR Zone, elevated using the lower of either the AR base flood elevation or the elevation that is 3 feet above the highest adjacent grade.

     • (c) New manufactured homes shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement and be elevated so that either:

       • (1) The lowest floor of the manufactured home meets the elevation requirements provided in (a) or (b) above; or

       • (2) The manufactured home chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by a City building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

2. New nonresidential construction shall either be elevated to conform with Section 8034.1.C.1 or together with attendant utility and sanitary facilities:

   • (a) Be floodproofed below the elevation recommended under Section 8034.1.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 professional engineer or architect that the standards of this Section 8034.1.C.2 are satisfied. Such certification shall be provided to the Floodplain Administrator.

3. All new construction 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 shall exceed the following minimum criteria:

   • (a) Be certified by a registered professional engineer or architect; or

   • (b) Have 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. 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 floodwater.

4. A flood Zone A designation has been given by FEMA to the San Gabriel River a man-made, concrete-lined flood control channel owned and maintained by Los Angeles County. There are currently no buildings or structures, as defined by these regulations, located within Zone A. Further, no buildings or structures, as defined in these regulations, shall be constructed in Zone A. The only improvements that shall be permitted in said Zone A shall be those necessary for the continued maintenance of the flood control channel.

• A. All 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.

Variance from the provisions of this Ordinance shall be as follows:

The variance criteria set forth in this section of the Regulation 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 Regulation 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.

The City Council hereby finds and determines that a variance should be granted only where the physical characteristics of a parcel or property are so unusual that complying with the requirements of these Regulations would create an exceptional hardship to the applicant or the surrounding property owners. Because of the need to protect this City and its property owners from flooding, and, therefore, granting a variance only in an unusual case, the following criteria shall be applied in determining whether a variance from the terms and provisions of this Regulation should be granted.

The Planning and Environment Commission of the City of Lakewood shall hear all applications for a variance from the terms and provisions of this Regulation. The application shall be on a form approved by the Director of Community Development and accompanied by a Floodplain Management Regulation Variance fee established by the City Council. The Planning and Environment Commission shall consider the application at a public hearing held on notice in the same time and manner required for public hearings before the Planning and Environment Commission for variances from the terms and provisions of the Zoning Ordinance.

In passing upon requests for variances, the Planning and Environment Commission shall, in addition, consider the following:

• A. 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 Regulation. For example, in the case of variances to an elevation requirement, the Planning and Environment Commission 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 Planning and Environment Commission believes will both provide relief and preserve the integrity of the local ordinance.

• B. Variances shall only be issued upon a:

  1. Showing of good and sufficient case;

  2. Determination that failure to grant the variance would result in exceptional "hardship" as defined in 8031.22; 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 (as defined in 8031.32, cause fraud or victimization (as defined in 8031.20) of the public, or conflict with existing local laws or ordinances.

• C. The following additional relevant factors:

  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. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

  6. Compatibility of the proposed use with existing and anticipated development;

  7. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

  8. Safety of access to the property in time of flood for ordinary and emergency vehicles;

  9. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

  10. 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. Any applicant to whom a variance is granted shall be given written notice over the signature of the Director of Community Development and shall include notification 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 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.

• E. In the granting of any variance, the Planning and Environment Commission may impose such additional conditions necessary in order to protect the public health, safety and welfare.

The Planning and Environment Commission 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 Regulation.

Any person aggrieved by the decision of the Planning and Environment Commission pertaining to any matter referred to it under this Ordinance may appeal said decision to the City Council for a public hearing pursuant to the same fee requirements, time requirements and notice requirements provided in the Zoning Ordinance for appeals to the City Council from the decision of the Planning and Environment Commission.