Rancho Palos Verdes Municipal Code Ch. 15.42 Floodplain Management

In adopting Government Code §§ 65302, 65560, and 65800, the legislature of the state conferred upon local governmental entities the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council does adopt the following floodplain management regulations.

(Code 1981, § 15.42.010; Ord. No. 644U, § 3(15.42.010), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

The purpose of this chapter is to establish land use regulation for properties situated in floodprone areas 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, which generally are 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. Require that potential property buyers are notified that property is in an area of special flood hazard; and

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

(Code 1981, § 15.42.020; Ord. No. 644U, § 3(15.42.020), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

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 means the land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year.

Base flood means a flood, which has a one percent chance of being equaled or exceeded in any given year (also called a 100-year flood).

Base flood elevation means the elevation shown on the flood insurance rate map for Zones A and VE that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

Basement means any area of the building having its floor subgrade (i.e., below ground level) on all sides.

Breakaway walls means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings into which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zones A and VE.

Development means 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, as defined in section 17.96.560 of this Code.

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) was completed before August 15, 2006.

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 or flooding means 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 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 that results in flooding, as defined in this definition.

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.

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source (see Flooding).

Floodplain administrator means the director of public works.

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, and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power that control development in floodprone areas. The term "floodplain management regulations" describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodplain 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.

Governing body means the city council of the City of Rancho Palos Verdes.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. The term "natural grade" means the vertical location of the ground surface unaltered by artificial means.

Historic structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the 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 the 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.

Lowest floor means the lowest floor of the lowest enclosed area, including basement.

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 connected to the required utilities. Under this chapter, 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, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

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.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived 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) was completed on or after August 15, 2006.

100-year flood shall have the same meaning as the term base flood.

Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

Recreational vehicle means:

1. Any motor home, camper, house or tent trailer that may be used by persons for temporary occupancy (such as recreational, camping, travel or seasonal use), regardless of whether it has its own motor or is to be towed by a motorized vehicle. The term "recreational vehicle" does not mean a manufactured home or mobilehome.

2. A vehicle built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

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 an FHBM or FIRM as Zone A and VE.

Start of construction means and includes substantial improvement and other proposed new development and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement occurs within 180 days from the date of issuance 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 manufactured 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 to an existing structure, 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 anything that is built or placed on top of the ground, including a gas or liquid storage tank, as defined in section 17.96.2040 of this Code, and includes a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" 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 that have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

V zone. See Coastal high hazard area.

Zone. All references to zone in this chapter shall be to flood insurance rate maps zones.

(Code 1981, § 15.42.030; Ord. No. 644U, § 3(15.42.030), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

The provisions of this chapter shall apply to all areas of special flood hazards within the city.

(Code 1981, § 15.42.040; Ord. No. 644U, § 3(15.42.040), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Los Angeles County, California, dated December 2, 1980, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated December 2, 1980, 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 council by the floodplain administrator. The study, FIRMs and FBFMs are on file with public works.

(Code 1981, § 15.42.050; Ord. No. 644U, § 3(15.42.050), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

No structure or lot or parcel of land shall hereafter be constructed, located, extended, converted, or altered without full compliance with this chapter and other applicable regulations. A violation of any of the provisions of this chapter (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

(Code 1981, § 15.42.060; Ord. No. 644U, § 3(15.42.060), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

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.

(Code 1981, § 15.42.070; Ord. No. 644U, § 3(15.42.070), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the city council; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

(Code 1981, § 15.42.080; Ord. No. 644U, § 3(15.42.080), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

The floodplain administrator or their designee shall review applications for proposed construction, substantial improvements, or other development in the city, including the placement of manufactured homes, pursuant to which they shall determine whether such construction or development is within floodprone areas. If the floodplain administrator or their designee determines that such construction or development is proposed to be within floodprone areas, they shall require such proposed construction or development to be constructed in compliance with this chapter.

(Code 1981, § 15.42.090; Ord. No. 644U, § 3(15.42.090), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

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, the city council or by any officer or employee of the city, the state, 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.

(Code 1981, § 15.42.100; Ord. No. 644U, § 3(15.42.100(1)), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

Development permits for all proposed development and substantial improvements/substantial damage in the city, as defined in section 17.96.560, including the placement of manufactured homes, shall be reviewed so that it can be determined whether such construction or development is within floodprone areas. The floodplain administrator shall not allow development within a floodprone area unless the applicant has obtained all necessary permits from those governmental agencies whose approval is required by federal, state, or local law.

(Code 1981, § 15.42.105; Ord. No. 644U, § 3(15.42.100(2)), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

The director of public works is designated as the floodplain administrator to administer, implement, and enforce this chapter by reviewing development permits in floodprone areas of the city, by ensuring compliance with the provisions of this chapter, and by preventing development in floodprone areas in the city unless the applicant has obtained all necessary permits from those governmental agencies whose approval is required by federal, state, or local law.

(Code 1981, § 15.42.110; Ord. No. 644U, § 3(15.42.110), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

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

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

1. The requirements of this chapter have been satisfied, including determinations of substantial improvement and substantial damage of existing structures;

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

3. The site is reasonably safe from flooding.

B. Establishment of floodprone areas. The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from any federal or state agency or other source to identify floodprone areas within the city. This data will be on file at city hall in the department of public works.

C. Notification of other agencies.

1. Alteration or relocation of a watercourse:

a. Notify adjacent communities and the state department of water resources prior to alteration or relocation; and

b. Submit evidence of such notification to the Federal Emergency Management Agency.

2. Base flood elevation changes due to physical alterations:

a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the definition of the term "start of construction."

D. Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

(Code 1981, § 15.42.120; Ord. No. 644U, § 3(15.42.120), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

If a proposed building site is located in the effective special flood hazard 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 below the effective base flood elevation and one-foot freeboard;

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 elevated to the effective base flood elevation and one-foot freeboard, are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding as certified by a registered civil engineer or architect.

C. Elevation certification. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

D. Flood vent openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

1. For non-engineered openings:

a. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b. The bottom of all openings shall be no higher than one foot above grade;

c. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

d. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

2. Be certified by a registered civil engineer or architect.

(Code 1981, § 15.42.130; Ord. No. 644U, § 3(15.42.130), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

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

A. All such proposals are consistent with the need to minimize flood damage within the floodprone 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.

(Code 1981, § 15.42.140; Ord. No. 644U, § 3(15.42.140), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

A. All manufactured homes that are placed or substantially improved within Zones V and VE, on sites located:

(1) Outside of a manufactured home park or subdivision;

(2) In a new manufactured home park or subdivision;

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

(4) In an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood;

shall meet the requirements of section 15.42.170(A) through(F) (Coastal high hazard areas).

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones V, and VE on the effective flood insurance rate map that are not subject to the provisions of 15.42.150(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation and one-foot freeboard; 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.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(Code 1981, § 15.42.150; Ord. No. 644U, § 3(15.42.150), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

A. All recreational vehicles placed in Zones VE will either:

1. Be on the site for fewer than 180 consecutive days;

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the permit requirements of section 15.42.120 (Duties of the floodplain administrator) and the elevation and anchoring requirements for manufactured homes in section 15.42.150 (Standards for manufactured homes).

B. Recreational vehicles placed on sites within Zone VE on the effective flood insurance rate map will meet the requirements of section 15.42.170 (Coastal high hazard areas).

(Code 1981, § 15.42.160; Ord. No. 644U, § 3(15.42.160), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

Within Zone VE coastal high hazard areas, the following standards shall apply:

A. All new residential and nonresidential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level and one-foot freeboard. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

B. All new construction and other development shall be located on the landward side of the reach of mean high tide.

C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in section 15.42.030. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

D. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood.

E. Fill shall not be used for structural support of buildings.

F. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.

G. The floodplain administrator shall obtain and maintain the following records:

1. Certification by a registered civil engineer or architect that a proposed structure complies with section 15.42.170(A); and

2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

(Code 1981, § 15.42.170; Ord. No. 644U, § 3(15.42.170), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Code 1981, § 15.42.180; Ord. No. 644U, § 3(15.42.180), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)

A. Purpose.

1. The issuance of a floodplain variance under this chapter is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a floodplain variance.

2. A floodplain 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.

3. It is the duty of the city council to help protect the citizens of the city 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 floodplain variances from the flood elevation or from other requirements in this chapter shall be granted sparingly. The long-term goal of preventing and reducing flood loss and damage can only be met if floodplain variances are strictly limited. Therefore, the floodplain variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a floodplain variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a floodplain variance are more appropriate.

B. Conditions for floodplain variances.

1. Generally, floodplain variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 15.42.130 through 15.42.180 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the floodplain variance increases.

2. Floodplain variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the floodplain variance is the minimum necessary to preserve the historic character and design of the structure.

3. Floodplain variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4. Floodplain variances shall only be issued upon a determination that the floodplain variance is the minimum necessary considering the flood hazard, to afford relief. The term "minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of floodplain variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of this chapter.

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

a. The issuance of a floodplain 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

b. 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 Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6. The floodplain administrator will maintain a record of all floodplain variance actions, including justification for their issuance, and report such floodplain variances issued in its biennial report submitted to FEMA.

C. Appeals board.

1. In passing upon requests for floodplain variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

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

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

c. 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;

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

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

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

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

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

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

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

k. 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.

2. Floodplain variances shall only be issued upon a:

a. Showing of good and sufficient cause;

b. Determination that failure to grant the floodplain variance would result in exceptional hardship to the applicant; and

c. Determination that the granting of a floodplain variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see public safety and nuisance), cause fraud and victimization of the public, or conflict with existing local laws or ordinances.

3. Floodplain 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 subsection (C) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

4. Upon consideration of the factors of subsection (B)(1) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of floodplain variances as it deems necessary to further the purposes of this chapter.

(Code 1981, § 15.42.190; Ord. No. 644U, § 3(15.42.190), 4-6-2021; Ord. No. 645, § 2, 4-20-2021)