West Covina Municipal Code § 9-57 Standards for utilities

In all areas of special flood hazards the following standards are required:

(a) Anchoring.

(1) All new construction and substantial improvements 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 9-59.

(b) Construction materials and methods. All new construction and substantial improvement shall be constructed as follows:

(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 section 9-44, Definitions, for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

(1) Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

a. In an A Zone, at least elevated at one (1) foot above the base flood elevation as determined by this community.

b. In all other zones, elevated at least one (1) foot 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 subsection 9-56(c)(1) or together with attendant utility and sanitary facilities:

a. Be floodproofed below the elevation recommended under subsection 9-56(c)(1) 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 subsection (c)(2) are satisfied. Such certification shall be provided to the floodplain administrator.

(3) All new construction and substantial improvement 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 exceed the following minimum criteria:

a. Be certified by a registered professional engineer or architect.

b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency; or

c. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) 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) Manufactured homes shall also meet the standards in section 9-59.

(Ord. No. 2134, § 2, 5-17-05)

(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. No. 2134, § 2, 5-17-05)

(a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(b) All subdivision plans will 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.

(Ord. No. 2134, § 2, 5-17-05)

All new and replacement manufactured homes and additions to manufactured homes shall:

(1) Be elevated so that the lowest floor is at or above the base flood elevation; and

(2) Be securely anchored to a foundation system design to resist flotation, collapse, or lateral movement.

(Ord. No. 2134, § 2, 5-17-05)

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:

(1) Be on the site for fewer than one hundred eighty (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

(2) Meets the permit requirements of sections 9-52 through 9-55 of this article and the elevation and anchoring requirements for manufactured homes in section 9-59.

(Ord. No. 2134, § 2, 5-17-05)

Located within areas of special flood hazard established in section 9-46 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply.

(a) Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.

(b) If subsection 9-60(a) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of sections 9-56 through 9-62.

(Ord. No. 2134, § 2, 5-17-05)

(a) The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.

(b) Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to:

(1) The type and quality of soils;

(2) Evidence of ground water or surface water problems;

(3) Depth and quality of any fill;

(4) Overall slope of the site; and

(5) Weight that any proposed development will impose on the slope.

(c) Within areas which may have mudslide hazards, the floodplain administrator shall require that

(1) A site investigation and further review be made by persons qualified in geology and soils engineering;

(2) The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;

(3) The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and

(4) Drainage, planting, watering, and maintenance not endanger slope stability.

(Ord. No. 2134, § 2, 5-17-05)

(a) The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.

(b) Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

(c) If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

(Ord. No. 2134, § 2, 5-17-05)

The issuance of a variance 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 variance.

The variance criteria set forth in this section of the article 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 article 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.

It is the duty of the City Council of the City of West Covina 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 this article 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 division 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.

(Ord. No. 2134, § 2, 5-17-05)

(a) The City Council of the City of West Covina shall hear and decide appeals and requests for variances from the requirements of this article.

(b) The city council 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 article.

(c) In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger of life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront location, where applicable;

(6) The availability of alternative locations for the proposed uses which are not subject to flooding or erosion damage;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9) The safety of access to the property in time of flood for ordinary and emergency vehicles;

(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

(11) The 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.

(Ord. No. 2134, § 2, 5-17-05)

(a) Variances may be issued for the repair or rehabilitation of historic structures (as defined in section 9-44 of this article) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.

(e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 9-64(a) through (d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(f) 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 twenty-five dollars ($25.00) for one hundred dollars ($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 Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(g) Upon consideration of the factors set forth in subsection 9-63(c) and the purpose of this article, the legislative body may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(h) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items subsections 9-63(c)(1) through (c)(11) have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.

(i) Upon consideration of the factors of subsection 9-64(c) and the purpose of this ordinance, the city council may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this article.

(j) 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 and Mitigation Administration, Federal Emergency Management Agency.

(Ord. No. 2134, § 2, 5-17-05)