Westlake Village Municipal Code Ch. 8.5 Floodplain Management Regulations

This Chapter shall be known as the "Floodplain Management Ordinance" of the City of Westlake Village.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

State law, including Section 7 of Article XI of the California Constitution, authorizes local governments to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Westlake Village does hereby adopt the following floodplain management regulations to minimize public and private losses due to flood conditions in specific areas.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

In order to accomplish its purpose, this Chapter includes regulations that will:

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D. Control filling, grading, dredging, and other development which may increase flood damage; and

E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

The words and phrases defined below shall govern construction of this floodplain management ordinance. 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 floodplain management ordinance its most reasonable application.

"Accessory structure" means a structure that is either:

1. Solely for the parking of no more than two (2) cars; or

2. A small, low cost shed for limited storage, less than one hundred fifty (150) square feet and one thousand five hundred dollars ($1,500) in value.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, or channel migration.

"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"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."

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

"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 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 a building having its floor subgrade - i.e., below ground level - on all sides.

"Building." See "Structure."

"Development" means any man-made 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 April 15, 1998, the effective date of this floodplain management ordinance.

"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 a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; also the unusual and rapid accumulation or runoff of surface waters from any source, and the condition resulting from flood-related erosion.

"Flood Boundary and Floodway Map (FBFM)" 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 floodway.

"Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"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 City.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."

"Floodplain Administrator" is the City Engineer. The Floodplain Administrator is appointed to administer and enforce the floodplain management regulations of the City.

"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 flood-prone 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.

"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. Also referred to as "regulatory floodway."

"Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the City of Westlake Village.

"Hardship" for the purposes of Section 8.5.040, means that compliance with this floodplain management ordinance is impracticable. Mere economic or financial hardship alone is not hardship for the purposes of this Chapter. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise does not qualify as a 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.

"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places 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; or

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior.

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 without approved programs.

"Levee" means a man-made 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.

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 buildings lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:

a. The wet floodproofing standard in Section 8.5.035(A)(3)(c).

b. The anchoring standards in Section 8.5.035(A)(1).

c. The construction materials and methods standards in Section 8.5.035(A)(2).

d. The standards for utilities in Section 8.5.035B.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be a basement. 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 (2) 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, North American Vertical Datum of 1998, 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 April 15, 1998, the effective date of this floodplain management ordinance, 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 April 15, 1998, the effective date of this floodplain management ordinance.

"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."

"Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projection;

3. Designed 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.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Special flood hazard area (SFHA)" means an area having special flood hazards and shown on an FHBM or FIRM as Zone A, A1-A30, AE or A99.

"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; 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, 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 fifty (50) percent of the market 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 fifty (50) percent 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:

1. 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, or

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

"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 floodplain management ordinance is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"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.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

A. Lands to which this Chapter Applies. This Chapter shall apply to all special flood hazard areas within the jurisdiction of the City.

B. Basis for Establishing the Areas of Special Flood Hazard. 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) titled "Flood Insurance Study, Los Angeles County, Unincorporated Areas, Volumes 1-3, Federal Emergency Management Agency" and dated November 15, 1985 and accompanying Flood Insurance Rate Maps (FIRMs) dated December 2, 1980, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this floodplain management ordinance. This FIS and attendant mapping identify 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 and adopted by the City Council. The FIS and the FIRMs are on file at City Hall, 31200 Oak Crest Drive, Westlake Village, California 91361.

C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with all floodplain management regulations. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation of the floodplain management regulations.

D. Abrogation and Greater Restrictions. This floodplain management ordinance 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.

E. Interpretation. In the interpretation and application of this Chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of protecting against flooding hazards; and

3. Deemed neither to limit nor repeal any other powers of the City or any other government body.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

A. Establishment of Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, begins within any area of special flood hazard. Application for a development permit shall be made in a form approved by the Floodplain Administrator and may include, without limitation: 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:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; or

2. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed, if required in Section 8.5.035(A)(3)(c); and

3. All appropriate certifications listed in Section 8.5.030(C)(4) of this floodplain management ordinance; and

4. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

B. Designation of the Floodplain Administrator. The Floodplain Administrator shall grant or deny development permits in accord with this Chapter.

C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

1. Permit Review. Review all development permit applications to determine that:

a. Permit requirements of this Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

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

c. The proposed development site is reasonably safe from flooding; and

d. 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 within the City.

e. All Letters of Map Revision (LOMR's) 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 (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

2. Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8.5.025B, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 8.5.035.

3. Notification of Other Agencies. In alteration or relocation of a watercourse:

a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

4. Base Flood Elevation changes due to physical alterations:

a. Within six (6) months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b. All LOMR's for flood control projects are approved prior to issuance of building permits. Building permits must not be issued based on CLOMR's. Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

5. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

a. Certification required by Section 8.5.035(A)(3)(a) (lowest floor elevations);

b. Certification required by Section 8.5.035(A)(3)(b) (elevation or floodproofing of nonresidential structures);

c. Certification required by Sections 8.5.035(A)(3)(c) (wet floodproofing standard);

d. Certification of elevation required by Section 8.5.035(C)(2) (subdivision standards); and

e. Certification required by Section 8.5.035(F)(1) (floodway encroachments).

f. Maintain a record of all variance actions, including justification for the issuance, and report such variances issued in its biennial report submitted to FEMA.

6. 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 8.5.030D.

7. Remedial Action. Take action to remedy violations of this floodplain management ordinance.

D. Appeals. The City Council of Westlake Village 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.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

A. Standards of Construction. In all special flood hazard areas the following standards are required to be met to the satisfaction of the Floodplain Administrator:

1. Anchoring:

a. All new construction and substantial improvement 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.

b. All manufactured homes shall meet the anchoring standards of subsection D of this Section.

2. Construction Materials and Methods. All new construction and substantial improvements, including manufactured homes, shall be constructed:

a. With materials and utility equipment resistant to flood damage for areas below the base flood elevation;

b. Using methods and practices that minimize flood damage; and

c. 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.

3. Elevation and Floodproofing:

a. The lowest floor, including basement, of any new residential construction and any existing residential building which is improved in a manner that meets the definition of substantial improvement, shall be elevated at least one foot above the base flood elevation. Upon the completion of the structure or the improvements, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, and verified by the City to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. In an A zone without base flood elevations specified on the FIRM, known as unnumbered/approximate A zones, elevated to or above the base flood elevation, as determined under subsection C(2).

b. New nonresidential construction and existing nonresidential buildings that are improved in a manner that meets the definition of substantial improvement, shall either be elevated to conform with subsection (A)(3)(a) of this Section or together with attendant utility and sanitary facilities:

i. Be floodproofed below the elevation recommended under subsection (A)(3)(a) of this Section so that the structure is watertight with walls substantially impermeable to the passage of water;

ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

iii. Be certified by a registered professional civil engineer or architect that the standards of this subsection (A)(3)(b) are satisfied. Such certification shall be provided to the Floodplain Administrator.

c. All new construction and substantial improvements 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:

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

ii. 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 natural 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.

d. Manufactured homes shall also meet the standards in Section 8.5.035D.

B. Standards for Utilities.

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

a. Infiltration of flood waters into the systems; and

b. Discharge from the systems into flood waters.

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

C. Standards for Subdivisions.

1. All preliminary subdivision proposals, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall identify any special flood hazard area and the elevations of the base flood.

2. 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 as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator.

3. All subdivision proposals shall be consistent with the need to minimize flood damage, to the satisfaction of the Floodplain Administrator.

4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage, to the satisfaction of the Floodplain Administrator.

5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards, to the satisfaction of the Floodplain Administrator.

D. Standards for Manufactured Homes.

1. All manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the Flood Insurance Rate Map, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and shall be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement. These requirements shall be applied on sites located:

a. Outside of a manufactured home park or subdivision;

b. In a new manufactured home park or subdivision;

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

d. 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 at least one foot above the base flood elevation and shall be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the Flood Insurance Rate Map that are not subject to the provisions of subsection (D)(1) of this Section will be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement, and be elevated so that either:

a. The lowest floor of the manufactured home is at least one foot above the base flood elevation, or

b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

E. Standards for Recreational Vehicles.

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

a. Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use. For the purposes of this subsection, 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 8.5.030 of this floodplain management ordinance and the elevation and anchoring requirements for manufactured homes in Section 8.5.035(D)(1).

F. Floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. There shall be no encroachment into a floodway, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional civil engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

2. If Subsection (F)(1) of this Section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this Section 8.5.035.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

A. General Nature of Variances. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this floodplain management ordinance would create a hardship to the applicant or would adversely affect surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

B. Floodplain Administrator. The Floodplain Administrator shall consider all variance applications. A variance application shall be submitted in writing to the Floodplain Administrator in a form satisfactory to the Floodplain Administrator. The Floodplain Administrator shall conduct a public hearing on all variance applications, shall post notice of the hearing at Westlake Village City Hall, and shall provide mailed notice to the owners of all property within three hundred (300) feet of the subject property.

1. In passing upon requests for variances, the Floodplain Administrator shall consider all technical evaluations, all relevant factors, and the standards specified in other sections of this floodplain management ordinance.

2. Any applicant to whom a variance is granted shall sign a covenant, which shall be recorded by the City at the expense of the applicant, acknowledging the following and agreeing to defend, indemnify, and hold harmless the City from any damage or injury that may result from issuance of the variance. The covenant shall acknowledge that the applicant understands that:

a. 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) for one hundred dollars ($100) of insurance coverage; and

b. Such construction below the base flood level increases risks to life and property.

3. The Floodplain Administrator shall issue a written decision concerning each variance application. The decision shall include findings that document the reasons for granting or denying the variance application. The Floodplain Administrator shall also report any variances in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

C. Criteria for Variances.

1. Generally, 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. For larger lots, compliance with the requirements of this Chapter becomes easier. Therefore, the applicant must demonstrate extraordinary hardship in order to be granted a variance for a larger lot.

2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 8.5.020 of this Chapter) 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.

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

4. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief from a hardship. "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 Floodplain Administrator 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 Floodplain Administrator believes will both provide relief and preserve the integrity of the local ordinance.

5. Variances shall only be issued if the Floodplain Administrator finds that:

a. Due to unusual physical characteristics of the subject property or because the property is proposed to be used for a functionally dependent use: (1) the applicant faces a hardship in complying with the provisions of this Chapter, or (2) failure to grant the variance would adversely affect neighboring properties; and

b. The granting of a variance will not result in increased flood heights, extraordinary public expense, additional threats to public health, safety or welfare, obstruction of the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or a conflict with existing local laws or ordinances.

6. Upon consideration of the following factors and the purposes of this Chapter, the Floodplain Administrator may attach such conditions to the granting of variances as the Administrator deems necessary to further the purposes of this Chapter. The Administrator shall consider the following when imposing conditions upon a variance:

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

b. The danger to life and property due to flooding or erosion damage;

c. The 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. The importance of the services provided by the proposed facility to the community;

e. The necessity of a waterfront location for the facility, where applicable;

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

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

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

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

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

k. 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. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)

The degree of flood protection required by this floodplain management ordinance 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 man-made 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. Property owners should not rely on this Chapter or any administrative decision under this Chapter as assurance that the owner's property is fully protected against water inundation. Every property owner should take such measures as are necessary to satisfy the property owner that his or her property will be free from water inundation.

(Ord. No. 154-98, Enacted, 4/15/98)

(Ord. No. 263-18, § 2, 4-11-2018)