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ORDINANCE NO. 477U
AN ORDINANCE
OF THE CITY OF
THE CITY COUNCIL OF
THE CITY OF
Section 1. Findings.
A.
The Federal Emergency Management Agency (“FEMA”) has
completed a Flood Insurance Survey (FIS) report for the City of Rancho Palos
Verdes (the “City”) and has determined, in accordance with Part 67, Chapter I,
Title 44 of the Code of Federal Regulations, that no Special Flood Hazard Areas
(“SFHAs”) exist at this time in within the City. FEMA will use the City’s FIS report and Flood
Insurance Rate Map (“FIRM”) to establish appropriate flood insurance rates for
owners of property in flood-prone areas within the City.
B.
Because FEMA has completed a Flood Insurance Survey (“FIS”)
report, the City, as a condition of continued eligibility in the National Flood
Insurance Program (“NFIP”), must meet certain additional requirements under
Section 1361 of the National Flood Insurance Act of 1968 by September 26, 2008.
C.
Prior to September 26, 2008, the City is required to adopt
or show evidence of adoption of floodplain management regulations that meet the
standards of Paragraph 60.3(a) of the NFIP regulations (44 C.F.R. § 59 et
seq.).
D.
While the City has enacted some of the standards of
Paragraph 60.3(a), as codified in Chapter 42, Title 15 of the Municipal Code,
the City desires to amend its existing regulations to incorporate additional
requirements of Paragraph 60.3(a) to ensure the City’s continued participation
in the NFIP.
E.
The Legislature of the State of
F.
All legal prerequisites to the adoption of this Ordinance
have occurred.
G.
Environmental Determination. The City Council hereby finds that it can be seen with certainty that
this Ordinance has no likelihood of causing a significant negative effect on
the environment. Therefore, both the
City Council’s action of adopting this ordinance and the effects derivative from
that adoption are found to be exempt from the application of the California
Environmental Quality Act of 1970, as amended, pursuant to Section 15061(b)(3)
of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15061(b)(3)). This finding is premised on the fact that the
adoption of this Ordinance will maintain the current environmental conditions
arising from the current land use regulatory structure as adopted by the City.
Section 2. Section 15.42.030 of Chapter 15.42 of Title
15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows:
“15.42.030 Definitions.
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.
A.
“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.
B.
“Base flood”
means a flood, which has a one percent chance of being equaled or exceeded in
any given year (also called a one hundred year flood).
C.
Development”
means any man-made 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.
D.
“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.
E.
“Floodplain”
or “flood-prone area” means any land area susceptible to being inundated by
water from any source (see definition of flooding).
F.
“Floodplain
administrator” means the director of public works.
G.
“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.
H.
“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 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.
I.
“Governing body” means the city council of the city of
J.
“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 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 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.
K. “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, this
term does not include a recreational vehicle.
L. “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.
M. “New
construction” means structures for which the “start of construction” commenced
on or after the effective date of this chapter, and includes any subsequent
improvements to such structures.
N. “One
hundred year flood” shall have the same meaning as the term “base flood.”
O. “Recreational
vehicle” means 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. Recreational vehicle does not mean a manufactured home or
mobile home.
P. “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 one hundred eighty 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.
Q. “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.
R. “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
fifty percent of the market value of the structure before the damage occurred.
S. “Substantial
improvement” means any repair, reconstruction, rehabilitation, addition, or
other proposed new development of a structure, the cost of which equals or
exceeds fifty percent of the market value of the structure before the “start of
construction” of the improvement. This term includes structures that 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 that 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 an “historic structure,” provided that the alteration will not preclude the
structure's continued designation as an “historic structure.”
Section 3. Chapter 15.42 of Title 15 of the
Rancho Palos Verdes Municipal Code is hereby amended by adding a new Section
15.42.095 thereto to read as follows:
“15.42.095 Review development permits.
Development permits for all proposed
development 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 flood-prone areas. The floodplain administrator shall not allow
development within a flood-prone area unless the applicant has obtained all
necessary permits from those governmental agencies whose approval is required
by federal, state, or local law.”
Section 4. Section 15.42.100 of Chapter 15.42 of
Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows:
“15.42.100 Designation of the floodplain administrator.
The
director of public works is designated as the floodplain administrator to
administer, implement, and enforce this chapter by reviewing development
permits in flood-prone areas of the City, by ensuring compliance with the
provisions of this chapter, and by preventing development in flood-prone 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.”
Section 5. Urgency Declaration. This Ordinance is for the immediate
preservation of the public peace, health and safety and shall take effect
immediately upon adoption pursuant to California Government Code Section
36937(b). The facts constituting the urgency
are as follows:
A.
FEMA has completed a Flood Insurance Survey (“FIS”) report
for the City, and as a condition of continued eligibility in the National Flood
Insurance Program (“NFIP”), the City must meet certain additional requirements
under Section 1361 of the National Flood Insurance Act of 1968 by September 26,
2008.
B.
Prior to September 26, 2008, the City is required to adopt
or show evidence of adoption of floodplain management regulations that meet the
standards of Paragraph 60.3(a) of the NFIP regulations.
C.
While the City has enacted some of the standards of
Paragraph 60.3(a), as codified in Chapter 42, Title 15 of the Municipal Code,
the City desires to amend its existing regulations to incorporate additional
requirements of Paragraph 60.3(a) to ensure the City’s continued participation
in the NFIP.
D.
Should the City fail to enact the necessary floodplain
management regulations, the City could be suspended from participation in the
NFIP and subject to the prohibitions contained in Section 202(a) of the Flood
Disaster Protection Act of 1973.
E.
The City seeks to continue its participation in the NFIP in
order for owners of property in flood-prone areas within the City to qualify
for federally subsidized flood insurance protection.
F.
Suspension from participation in the NFIP would result in
high premium insurance rates for structures not built in compliance with the
floodplain management regulations and would likely represent a hardship for
those property owners in the City seeking to purchase flood insurance as a
condition of mortgage approval, all of which would adversely affect the public
health, safety, and general welfare.
G.
Therefore, in order to protect the health, safety, and
general welfare of owners of property in flood hazard areas within the City, it
is necessary that this Ordinance become effective immediately upon adoption.
Section 6. The City Council declares that, should
any provision, section, paragraph, sentence or word of this Ordinance be
rendered or declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences and words of this Ordinance shall
remain in full force and effect.
Section 7. The City Clerk shall certify the passage
and adoption of this Ordinance and shall cause the same to be posted in the
manner required by law.
Section 8. The City Clerk shall forward a certified
copy of this Ordinance to the Federal Insurance and Mitigation Division of the
Federal Emergency Management Agency.
Section 9. This Ordinance shall take effect
immediately upon adoption.
PASSED,
APPROVED and ADOPTED this 2nd day of September, 2008.
/s/
Douglas W. Stern
Mayor
ATTEST:
/s/ Carla
Morreale
City Clerk
STATE OF
CITY OF
I, Carla Morreale, City Clerk of the
City of
AYES:
NOES: None
ABSENT: None
ABSTAINED: None
__________________________
City Clerk
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