Monrovia Municipal Code Ch. 15.48 Floodplain Management

In adopting Cal. Gov’t. Code §§ 65302, 65560, and 65800, the Legislature of the State of California conferred upon local government units the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Monrovia does hereby adopt the following floodplain management regulations.

(Ord. 2006-09 § 2 (part), 2006)

To establish land use regulation for properties situated in floodplains so as to:

(A) Minimize property damage due to flood conditions and safeguard public health, safety and general welfare;

(B) Protect human life and health;

(C) Minimize expenditure of public money for costly flood control projects;

(D) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(E) Minimize prolonged business interruptions;

(F) 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 hazards;

(G) 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;

(H) Ensure that potential property buyers are notified that property is in an area of special flood hazard; and

(I) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 2006-09 § 2 (part), 2006)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within the city subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD. A flood which has a 1% chance of being equaled or exceeded in any given year (also called the 100 YEAR FLOOD).

DEVELOPMENT. Any manmade change to improved or unimproved real property, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition.

FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to flooding (see FLOODING).

FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN MANAGEMENT. 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, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power 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.

GOVERNING BODY. The City Council of the City of Monrovia.

HISTORIC STRUCTURE. Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the United States 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 with approved programs.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Under this chapter, this term does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this chapter, and includes any subsequent improvements to such structures.

ONE HUNDRED YEAR FLOOD or 100 YEAR FLOOD. Has the same meaning as BASE FLOOD.

RECREATIONAL VEHICLE. 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.

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. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE. 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% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% 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.

(Ord. 2006-09 § 2 (part), 2006)

The provisions of this chapter shall apply to all areas identified as being within a floodplain or within a flood-prone area within the City of Monrovia.

(Ord. 2006-09 § 2 (part), 2006)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violations of the provision of this chapter (including violations of conditions and safeguards established in connection with conditions) 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.

(Ord. 2006-09 § 2 (part), 2006)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 2006-09 § 2 (part), 2006)

In the interpretation and application of this chapter, 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.

(Ord. 2006-09 § 2 (part), 2006)

A permit shall be obtained for all proposed construction or other development in the city, including the placement of manufactured homes, pursuant to which the Floodplain Administrator or his or her designee shall determine whether such proposed construction or other development is within flood-prone areas. If the Floodplain Administrator or his or her designee determines that such proposed construction or development is proposed to be within flood-prone areas, the Floodplain Administrator shall require such proposed construction or development to be constructed in compliance with this chapter.

(Ord. 2006-09 § 2 (part), 2006)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Flood heights may be increased by manmade or natural causes. Larger floods can and will occur on rare occasion. This chapter 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 chapter shall not create liability on the part of the City Council or by any officer or employee of the City of Monrovia, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 2006-09 § 2 (part), 2006)

The Director of Public Works or his or her designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 2006-09 § 2 (part), 2006)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(A) Permit review. Review all permit applications to determine that:

(1) Permit requirements of this chapter have been satisfied;

(2) All other required state and federal permits have been obtained; and

(3) The site is reasonably safe from flooding.

(B) Establishment of flood-prone areas. The Floodplain Administrator or his or her designee shall obtain, review, and reasonably utilize any base flood data available from other federal or state agency or other source to identify flood-prone areas within the city. This data will be on file at Monrovia City Hall, 415 South Ivy Avenue, Monrovia, California 91016 or the Department of Public Works, 600 South Mountain Avenue, Monrovia, California 91016.

(Ord. 2006-09 § 2 (part), 2006)

If a proposed building site is located in a flood-prone area, the following standards must be met:

(A) Anchoring. All new construction and substantial improvements, including manufactured homes, shall be designed or modified to 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.

(1) All new construction and substantial improvements, including manufactured homes, shall be constructed with materials and utility equipment resistant to flood damage;

(2) All new construction and substantial improvements, including manufactured homes, shall be constructed using methods and practices that minimize flood damage;

(3) All new construction and substantial improvements, including manufactured homes, shall be constructed 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.

(Ord. 2006-09 § 2 (part), 2006)

If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:

(A) All such proposals are consistent with the need to minimize flood damage within the flood-prone area;

(B) All such proposals have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and

(C) All such proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(Ord. 2006-09 § 2 (part), 2006)

(A) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and 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.

(Ord. 2006-09 § 2 (part), 2006)