Article 3 — Provisions for Flood Hazard Reduction and Variances

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 15.32.200.

• B. Construction Materials and Methods. All new construction and substantial improvement 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.

• C. Elevation and Floodproofing. (See "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement" in Section 15.32.050 Definitions.) For AR Zone requirements, see Section 15.32.220.

  1. In an A zone, elevated to or above the base flood elevation, as determined by this community. In all other zones, elevated to or above the base flood elevation. 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 the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

  2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with paragraph 1 above or together with attendant utility and sanitary facilities:

     • a. Be floodproofed to the elevation recommended under paragraph 1 above 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 paragraph 2 above 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,

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City of Paramount, CA § 15.32.170

BUILDINGS AND CONSTRUCTION

§ 15.32.200

and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must 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. New manufactured homes shall also meet the standards in Section 15.32.200. (Prior code § 47-16)

• 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 to new construction shall be located to avoid impairment to them, or contamination from them during flooding.

• (Prior code § 47-17)

• A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

• B. All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

• C. All subdivision proposals shall be consistent with the need to minimize flood damage.

• D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

• E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Prior code § 47-18)

• A. All manufactured homes that are placed within Zone AR on the community's Flood Insurance Rate Map shall meet the standard of Section 15.32.220 on sites located:

  1. Outside of a manufactured home park or subdivision;

  2. In a new manufactured home park or subdivision;

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City of Paramount, CA

PARAMOUNT CODE

§ 15.32.200

§ 15.32.230

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

• B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone A on the community Flood Insurance Rate Map that are not subject to the provisions of subsection A of this section will be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement, and be elevated so either the:

  1. Lowest floor of the manufactured home is at or above the base flood, or

  2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

(Prior code § 47-19)

All recreational vehicles placed on sites within Zone AR, on the community's Flood Insurance Rate Map will either:

• A. Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

• B. Meet the permit requirements of Section 15.32.130 and the elevation and anchoring requirements for manufactured homes in Section 15.32.200(A).

• (Prior code § 47-20)

Within areas designated as AR established under Section 15.32.070, and since the entire incorporated limits of the City of Paramount is a "developed area," the following shall apply:

• A. Developed Areas. All new construction in areas designated as developed areas shall meet the standards of Sections 15.32.170 through 15.32.220 using the lower of either the AR base flood elevation or the elevation that is three feet above the highest adjacent grade.

• B. For improvements, including substantial improvements, to existing structures, there will be no elevation requirements. The NFIP defines "substantial improvement" as any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of the construction of the improvement.

(Prior code § 47-21)

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City of Paramount, CA § 15.32.230

BUILDINGS AND CONSTRUCTION

§ 15.32.240

• A. The variance criteria set forth in Sections 15.32.230 through 15.32.250 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 chapter 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.

• B. It is the duty of the City of Paramount to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

• (Prior code § 47-22)

• A. In passing upon requests for variances, the City of Paramount shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

  1. Danger that materials may be swept onto other lands to the injury of others;

  2. Danger of life and property due to flooding or erosion damage;

  3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

  4. Importance of the services provided by the proposed facility to the community;

  5. Necessity to the facility of a waterfront location, where applicable;

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

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

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

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

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

  11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

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City of Paramount, CA § 15.32.240

PARAMOUNT CODE

§ 15.32.250

• B. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

  1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and

  2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

• C. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Prior code § 47-23)

• A. Generally, variances may be issued for new construction, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.32.130 through 15.32.220 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

• B. 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 chapter. For example, in the case of variances to an elevation requirement, this means the City of Paramount need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City of Paramount believes will both provide relief and preserve the integrity of the local ordinance.

• C. Variances shall only be issued upon a:

  1. Showing of good and sufficient cause;

  2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 15.32.050) to the applicant; and

  3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 15.32.050—see "Public safety or nuisance"), cause fraud or victimization (as defined in Section 15.32.050) of the public, or conflict with existing local laws or ordinances.

• D. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other

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City of Paramount, CA § 15.32.250

BUILDINGS AND CONSTRUCTION

§ 15.32.250

development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

• E. Upon consideration of the factors of Section 15.32.240(A) and the purposes of this chapter, the City of Paramount may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

• (Prior code § 47-24)

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City of Paramount, CA