Article 2 — Definitions, General Provisions, and Administration

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.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter. Area of Special Flood Hazard. See "Special flood hazard area."

"Area of special 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.

"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.

"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. Building. See "Structure."

"City" means the City of Paramount.

"Developed areas" means an area of a community that is:

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

   • a. Within which 75% or more of the parcels, tracts, or lots contain commercial, industrial, or residential structures of uses; or

   • b. Is a single parcel, tract, or lot in which 75% of the area contains commercial or industrial structures or uses; or

   • c. Is a subdivision developed at a density of at least two residential structures per acre within which 75% or more of the lots contain existing residential structures.

2. Undeveloped parcels, tracts, or lots, the combination of which is less than 20 and contiguous on at least three sides to areas meeting the criteria of paragraph 1 above.

3. 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:

   • a.

   • 10% of the lots or remaining lots of a subdivision or

• b. 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 (1)(c).

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City of Paramount, CA

PARAMOUNT CODE

§ 15.32.050

§ 15.32.050

4. For the purposes of administering the AR Zone Floodplain Management Ordinance, all of the land within the corporate limits of the City of Paramount is a developed area for the following reasons:

• a. The City of Paramount is a fully urbanized, built-up area that is 2,796 contiguous acres in area, has basic infrastructure, including roads, utilities, communication, and public facilities, to sustain industrial, residential and commercial activities, and within which less than one-half of one percent of land is vacant and undeveloped. [1 ]

  • b. 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 1, under developed area.

"Development" means any manmade 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 the effective date of the floodplain management regulations adopted by a community.

"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

• 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 "floodprone area" means any land area susceptible to being inundated by water from any source. See "Flood, flooding, or flood water."

1. This information is taken from the Technical Background Report, October 1990, the City of Paramount Comprehensive General Plan, Table 2-1 Land use summary.

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City of Paramount, CA § 15.32.050

BUILDINGS AND CONSTRUCTION

§ 15.32.050

"Floodplain Administrator" is the individual appointed 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 chapter 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 floodprone 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.

"Fraud and victimization," as related to Sections 15.32.230 through 15.32.250, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Paramount will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 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 local governing unit, i.e., the City Council of the City of Paramount, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship," as related to Sections 15.32.230 through 15.32.250, means the exceptional hardship that would result from a failure to grant the requested variance. The City of Paramount said 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.

"Levee" means a manmade 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."

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City of Paramount, CA § 15.32.050

PARAMOUNT CODE

§ 15.32.050

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 wet floodproofing standard in Section 15.32.170(C)(3).

   • b. The anchoring standards in Section 15.32.170(A).

   • c. The construction materials and methods standards in Section 15.32.170(B).

   • d. The standards for utilities in Section 15.32.180.

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.

"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 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.

"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 the effective date of floodplain management regulations adopted by this community.

"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 to Sections 15.32.230 through 15.32.250, means that the granting of a variance shall 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:

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City of Paramount, CA § 15.32.050

BUILDINGS AND CONSTRUCTION

§ 15.32.050

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designated 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.

"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.

"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 as Zone A, AR, AR/A.

"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.

"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% of the marked value of the structure before the damage occurred.

"Substantial improvement" means any 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 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.

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City of Paramount, CA

PARAMOUNT CODE

§ 15.32.050

§ 15.32.090

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"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.

"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. (Prior code § 47-4)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Paramount.

(Prior code § 47-5)

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 Maps (FIRMs) dated July 6, 1998, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City of Paramount by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at the office of the City Clerk and the Community and Economic Development Department at City Hall located at 16400 Colorado Avenue, Paramount, CA 90723.

(Prior code § 47-6)

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. 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 of Paramount from taking such lawful action as is necessary to prevent or remedy any violation. (Prior code § 47-7)

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.

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City of Paramount, CA § 15.32.090 BUILDINGS AND CONSTRUCTION

§ 15.32.130

(Prior code § 47-8)

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. (Prior code § 47-9)

The degree of flood protection required by this chapter 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 manmade or natural causes. 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 of Paramount, any officer or employee thereof, 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.

(Prior code § 47-10)

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Prior code § 47-11)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 15.32.070. 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 next to the wall or perimeter of proposed structures and proposed elevation of lowest floor of all structures;

• B. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 15.32.0170(C)(3);

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City of Paramount, CA § 15.32.130

PARAMOUNT CODE

§ 15.32.150

• C. All appropriate certifications listed in Section 15.32.0150(D); and

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

• (Prior code § 47-12)

The City Manager is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. (Prior code § 47-13)

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 chapter 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 chapter, "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 15.32.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal to State agency, or other source, in order to administer Article 3. Any such information shall be submitted to the City of Paramount 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 15.32.170(C)(1) (lowest floor elevations);

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City of Paramount, CA § 15.32.150

BUILDINGS AND CONSTRUCTION

§ 15.32.160

2. Certification required by Section 15.32.170(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Section 15.32.170(C)(3) (wet floodproofing standard); and

4. Certification of elevation required by Section 15.32.190(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 Section 15.32.240.

• F. Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.32.080.

• G. AR Zone Duties.

  1. Determine the base flood elevation to be used for individual projects within developed areas.

  2. Require the applicable standards in Article 3.

3. Provide written notification to the permit applicant that the area has been designated as an A, AR Zone and whether the structure will be elevated or protected to or above the AR base flood elevation.

(Prior code § 47-14)

The City Council of the City of Paramount 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 chapter.

(Prior code § 47-15)

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City of Paramount, CA