San Marino Municipal Code Art. 11 Floodplain Management

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

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD: A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this article.

BUILDING: Any structure.

DEVELOPMENT: 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.

FLOOD OR FLOODING:

A. A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or

B. 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 ADMINISTRATOR: The planning and building director, who is hereby appointed to administer, implement, and enforce this article by granting or denying development permits in accord with its provisions.

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, floodplain management regulations, and open space plans.

FLOODPLAIN MANAGEMENT REGULATIONS: This article and all other provisions of this code that control development in flood prone areas, and any other federal, state, or local regulations or combination thereof which provide standards for preventing and reducing flood loss and damage.

FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from flooding.

HISTORIC STRUCTURE: Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the department of the interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

B. 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 of the interior to qualify as a registered historic district;

C. 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

D. 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.

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.

100-YEAR FLOOD: See definition of Base Flood.

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 one hundred eighty (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. 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 that is principally aboveground, or a gas or liquid storage tank.

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 fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (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:

A. Any project for improvement of a structure to correct existing violations of 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

B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

This article shall apply to all areas identified as flood prone within the jurisdiction of the city of San Marino. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from other federal or state agencies or other source to identify flood prone areas within the jurisdiction of the city of San Marino. This data will be on file at city hall, 2200 Huntington Drive, San Marino, California. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the requirements of this article or any conditions and safeguards imposed pursuant to this article 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 of this article. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restriction shall prevail. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

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

A. Considered as minimum requirements;

B. Liberally construed in favor of the city; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

The degree of flood protection required by this article 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 article 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 article shall not make the city of San Marino, the city council, or any officer or employee of the city, the state of California, or the federal insurance administration, federal emergency management agency, liable for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

A development permit shall be obtained for all proposed construction or other development so that it may be determined whether such construction or other development is within flood prone areas. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

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 whether:

• 1. The requirements of this article have been satisfied;
• 2. All other required state and federal permits have been obtained; and
• 3. The site is reasonably safe from flooding.

B. Review And Use Of Any Other Base Flood Data: The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from other federal or state agency or other source. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

If a proposed building site is in a flood prone area, all new construction and substantial improvements shall:

A. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. 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. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

Any application for a subdivision or parcel map or for any other development in a flood prone area shall be reviewed to assure that:

A. The development project is consistent with the need to minimize flood damage within the flood prone area;

B. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

C. Adequate drainage is provided to reduce exposure to flood hazards. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of floodwaters into the systems, and

2. 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. (Ord. 0-06-1185, 7-12-2006; Ord. O-25-1423-U, 9-26-2025)