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2000 Municipal Code - Ordinance No 300 An Ordinance of the City of RH Amending Title 8 Health & Safety of the RollingOLD BUSINESS CONSIDERATION OF ORDINANCE NO. 300: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report indicating that the City Council introduced Ordinance No. 300 at their meeting on August 14, 2006. He stated that is it presented for seconded reading and adoption this evening. Hearing no discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 300. Mayor Pro Tern Black seconded the motion which carried unanimously by those Councilmembers in attendance. A NEW BUSINESS CONSIDERATION OF ORDINANCE NO. 300: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report providing background regarding the new FEMA regulations and the need to adopt the ordinance so that residents may renew or purchase flood insurance. Hearing no discussion, Mayor Lay called for a motion. Mayor Pro Tern Black moved that the City Council waive further reading and introduce Ordinance No. 300. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. This item vas continued to the. next regular meeting of the City Council scheduled to be held on Monday, August 28, 2006 for consideration of second reading and adoption. ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: Section 1. The City Council hereby finds that the Title 44, Section 60.1(a) of the Code of Federal Regulations requires adoption of Floodplain Management Regulations in order for the residents of the City of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program, which is managed by the Federal Emergency Management Agency. Such regulations must meet the minimum standards set forth in Title 44, Section 60.3(a) of the Code of Federal Regulations. Section 2. Title 8 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 8.36 to read as follows: CHAPTER 8.36. FLOODPLAIN MANAGEMENT REGULATIONS 8.36.010 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. This Chapter is enacted in order to establish the Floodplain Management Regulations required under Title 44, Section 60 of the Code of Federal Regulations in order for the residents of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program. 8.36.020 STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated flooding and generally undertaken at the expense of the general public; ' D. Minimize prolonged business interruptions; E. 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 hazard; F. 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; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.36.030 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. "Area of special flood hazard" means the land in the floodplain within a community subject. to a one percent or greater chance of flooding in any given year. Ordinance No. 300 -1- "Base flood," means a flood, which has a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood"). Base flood is the term used throughout this chapter. "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. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. "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. "Historic structure" means any structure that is 1. Listed individually in the National Register of Historic Places (a listing maintained by the 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. "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 or more manufactured home lots for rent or sale. "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. "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. 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. Ordinance No. 300 -2- "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 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 manufacture 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 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 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 would not preclude the structure's continued designation as a "historic structure". 8.36.040 LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas identified as flood -prone within the jurisdiction of the City of Rolling Hills. 8.36.050 BASIS FOR ESTABLISHING FLOOD -PRONE AREAS. The Floodplain Administrator, or his or her designee, 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 Rolling Hills. This data will be on file at the Rolling Hills Department of Planning, City Hall, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. 8.36.060 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) 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. 8.36.070 ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Ordinance No. 300 -3- 8.36.080 INTERPRETATION. In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 8.36.090 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter 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. This Chapter shall not create liability on the part of the City Council, any officer or employee thereof, the. County of Los Angeles as designee of the Floodplain Administrator, the State of California, 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. 8.36.110 ESTABLISHMENT OF FLOOD DAMAGE PREVENTION PERMIT. A Flood Damage Prevention permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood -prone areas. 8.36.120 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager, or his or her designee, is hereby appointed to administer, implement, and enforce this Chapter by granting or denying flood damage prevention permits in accord with its provisions. 8.36.130 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties' and responsibilities of the Floodplain Administrator, or his or her designee, shall include, but not be limited to the following: A. Permit Review. Review all flood damage prevention permit applications to determine: 1. Permit requirements of this Chapter 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, or his or her designee, shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agency or other source. 8.36.140 STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood -prone area, all new construction and substantial improvements, including manufactured homes, 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; Ordinance No. 300 -4- 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. 8.36.150 STANDARDS FOR SUBDIVISIONS OR OTHER PROPOSED NEW DEVELOPMENT. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood - prone area, any such proposals shall be reviewed to assure that: A. All such proposals are 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. 8.36.160 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters 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. 8.36.170 SEVERABILITY. Chapter 8.36 of the Rolling Hills Municipal Code and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Section 3. Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 15.04.185 to read as follows: 15.04.185 COMPLIANCE WITH FLOODPLAIN MANAGEMENT REGULATIONS. Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by requiring that all new construction and substantial improvements proposed to be built in a flood -prone area, as determined in accordance with Section 8.36.050 of this Code, is subject to the Floodplain Management Regulations set forth in Chapter 8.36 of this Code. Section 4. The City Clerk is directed to certify the passage and adoption of this Chapter, cause it to be entered into the City of Rolling Hill's book of original chapters, make a note of the passage and adoption in the records of this meeting, and, within 15 business days after the passage and adoption of this Chapter, cause it to be published or posted in accordance with California law. Section 5. This Chapter will become effective on the thirty-first day following its passage and adoption. PASSED, APPROVED AND ADOPTED this 28th day of August 200 ATTEST: beputy City Clerk B. ALLEN LAY, MOOR Ordinance No. 300 -5- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 300 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on August 28, 2006 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: Councilmember Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY LERK Ordinance No. 300 -6- ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: Section 1. The City Council hereby finds that the Title 44, Section 60.1(a) of the Code of Federal Regulations requires adoption of Floodplain Management Regulations in order for the residents of the City of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program, which is managed by the Federal Emergency Management Agency. Such regulations must meet the minimum standards set forth in Title 44, Section 60.3(a) of the Code of Federal Regulations. Section 2. Title 8 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 8.36 to read as follows: CHAPTER 8.36. FLOODPLAIN MANAGEMENT REGULATIONS 8.36.010 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. This Chapter is enacted in order to establish the Floodplain Management Regulations required under Title 44, Section 60 of the Code of Federal Regulations in order for the residents of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program. 8.36.020 STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. 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 hazard; F. 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; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.36.030 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. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Ordinance No. 300 -1- "Base flood," means a flood, which has a one percent chance of being equaled or exceeded in anv given year (also called the "100-year•flood"). Base flood is the term used throughout this chapter. "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. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. "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. "Historic structure" means any structure that is 1. Listed individually in the National Register of Historic Places (a listing maintained by the 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 Ivith historic preservation programs which have been approved by the Secretary of Interior. "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 ‘vithout 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 hvo or more manufactured home lots for rent or sale. "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. "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. 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. Ordinance No. 300 -2- "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 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 ivork beyond the stage of excavation; or the placement of a manufacture 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 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 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 ‘vould not preclude the structure's continued designation as a "historic structure". 8.36.040 LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas identified as flood -prone within the jurisdiction of the City of Rolling Hills. 8.36.050 BASIS FOR ESTABLISHING FLOOD -PRONE AREAS. The Floodplain Administrator, or his or her designee, 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 Rolling Hills. This data will be on file at the Rolling Hills Department of Planning, City Hall, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. 8.36.060 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) 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. 8.36.070 ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Ordinance No. 300 -3- q 8.36.080 INTERPRETATION. In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 8.36.090 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter 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. This Chapter shall not create liability on the part of the City Council, any officer or employee thereof, the County of Los Angeles as designee of the Floodplain Administrator, the State of California, 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. 8.36.110 ESTABLISHMENT OF FLOOD DAMAGE PREVENTION PERMIT. A Flood Damage Prevention permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood -prone areas. 8.36.120 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager, or his or her designee, is hereby appointed to administer, implement, and enforce this Chapter by granting or denying flood damage prevention permits in accord with its provisions. 8.36.130 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN • ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator, or his or her designee, shall include, but not be limited to the following: A. Permit Review. Review all flood damage prevention permit applications to determine: 1. Permit requirements of this Chapter have been satisfied; 2. All other required state and federal permits have been obtained; and 3. The site is reasonably safe from flooding. B. RevieWand Use of Any Other Base Flood Data. The Floodplain 'Administrator, or his or her designee, shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agency or other source. 8.36.140 STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood -prone area, all new construction and substantial improvements, including manufactured homes, 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; Ordinance No. 300 -4- 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. 8.36.150 STANDARDS FOR SUBDIVISIONS OR OTHER PROPOSED NEW DEVELOPMENT. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood - prone area, any such proposals shall be reviewed to assure that: A. All such proposals are 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. 8.36.160 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters 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. 8.36.170 SEVERABILITY. Chapter 8.36 of the Rolling Hills Municipal Code and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Section 3. Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 15.04.185 to read as follows: 15.04.185 COMPLIANCE WITH FLOODPLAIN MANAGEMENT REGULATIONS. Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by requiring that all new construction and substantial improvements proposed to be built in a flood -prone area, as determined in accordance with Section 8.36.050 of this Code, is subject to the Floodplain Management Regulations set forth in Chapter 8.36 of this Code. Section 4. The City Clerk is directed to certify the passage and adoption of this Chapter, cause it to be entered into the City of Rolling Hill's book of original chapters, make a note of the passage and adoption in the records of this meeting, and, within 15 business days after the passage and adoption of this Chapter, cause it to be published or posted in accordance with California law. Section 5. This Chapter will become effective on the thirty-first day follo‘ving its passage and adoption. PASSED, APPROVED AND ADOPTED this 28''` day of August 200 B. ALLEN LAY, IaAYOR ATTEST: Deputy City Clerk Ordinance No. 300 -5- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 300 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on August 28, 2006 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: Councilmember Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 300 -6- TO: FROM: SUBJECT: City oll2 P?...5 JUL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No: 7-A Mtg. Date: 08-28-06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF ORDINANCE NO. 300: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. DATE: AUGUST 28, 2006 BACKGROUND This ordinance was introduced at the August•14, 2006 City Council meeting and the public hearing was continued to this evening for consideration of second reading and adoption. A copy of the staff report that was presented on August 14`h is attached for your information. , RECOMMENDATION It is recommended that the City Council open the continued public hearing, consider any testimony, close the public hearing, waive further reading and adopt Ordinance No. 300. CRN:mlk 08-28-06ord300-sta.doc ®Printed on Recycled Paper. City o1 /E'o//ng DATE: AUGUST 14, 2006 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: 1310) 377.7288 Email: cityolrh@aol.com Agenda Item No.: 8A Mtg. Date: 8/14/06 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE NO. 300: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND 1. The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA). The NFIP makes federally subsidized flood insurance available in those residents of cities that have adopted floodplain management regulations designed to prevent and mitigate flood damage. In order for city residents to be eligible to purchase the federally - subsidized flood insurance, cities must adopt and enforce floodplain management regulations which meet or exceed the requirements set forth in Title 44, Part 60 of the Code of Federal Regulations. 2. On September 20, 2006, the County of Los Angeles is expected to adopt new Digital Flood Insurance Rate Maps (FIRMs). In an effort to have all floodplain management ordinances in compliance with the Federal Regulations by September 20, 2006, FEMA and the California Department of Water Resources (DWR) conducted a comprehensive audit of the floodplain management ordinances in effect in all cities throughout the County. Failure to adopt and enforce regulations that comply with the Federal Regulations by September 20, 2006 will result in automatic suspension from the NFIP. If suspended, a city becomes nonparticipating and flood insurance policies cannot be written or renewed for residents of that city. ®Pnr!eAun Hq•.yrigt! P;tn•n 3. Rolling Hills joined the NFIP in August 1982. FEMA and the DWR have notified the City that, as a condition of continued participation in the NFIP, Rolling Hills must adopt floodplain management regulations that meet the minimum standards set forth in 44 C.F.R. 60.3 by September 20, 2006. 4. The attached ordinance has been approved by the DWR as meeting those standards. The ordinance sets forth development procedures and construction standards for areas designated as special flood hazard areas and will be implemented by the County of Los Angeles, under the City's General Services Agreement. The Building Code, Chapter 15.04 will be amended by adding a section notifying the public of the existence of special construction standards for areas of special flood hazard. 5. This action is exempt from CEQA pursuant to California Code of Regulations Title 14, Section 15061(b)(3). Adoption of this floodplain management ordinance will not cause a significant effect on the environment. Rather, this ordinance will protect the environment and the public from flood damage by setting more stringent construction and development standards in areas where FEMA has determined that special flood hazards exist. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance and introduce Ordinance No. 300 for first reading. ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: Section 1. The City Council hereby finds that the Title 44, Section 60.1(a) of the Code of Federal Regulations requires adoption of Floodplain Management Regulations in order for the residents of the City of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program, which is managed by the Federal Emergency Management Agency. Such regulations must meet the minimum standards set forth in Title 44, Section 60.3(a) of the Code of Federal Regulations. Section 2. Title 8 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 8.36 to read as follows: CHAPTER 8.36. FLOODPLAIN MANAGEMENT REGULATIONS 8.36.010 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. This Chapter is enacted in order to establish the Floodplain Management Regulations required under Title 44, Section 60 of the Code of Federal Regulations in order for the residents of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program. 8.36.020 STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; e E. 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 hazard; F. 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; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.36.030 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. "Area of special flood hazard" means the land in the floodplain within a community 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 the "100 -year flood"). Base flood is the term used throughout this chapter. "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. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. "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. "Historic structure" means any structure that is 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; rDi 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. "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 or more manufactured home lots for rent or sale. "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. "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. 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. "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 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 manufacture 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 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 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 would not preclude the structure's continued designation as a "historic structure". 8.36.040 LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas identified as flood -prone within the jurisdiction of the City of Rolling Hills. 8.36.050 BASIS FOR ESTABLISHING FLOOD -PRONE AREAS. The Floodplain Administrator, or his or her designee, 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 Rolling Hills. This data will be on file at the Rolling Hills Department of Planning, City Hall, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. 8.36.060 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) 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. 8.36.070 ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 8.36.080 INTERPRETATION. In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 8.36.090 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter 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. This Chapter shall not create liability on the part of the City Council, any officer or employee thereof, the County of Los Angeles as designee of the Floodplain Administrator, the State of California, 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. 8.36.110 ESTABLISHMENT OF FLOOD DAMAGE PREVENTION PERMIT. A Flood Damage PrT verition permit shall be obtained for all proposed construction or other -'development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood -prone areas. 8.36.120 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager, or his or her designee, is hereby appointed to administer, implement, and enforce this Chapter by granting or denying flood damage prevention permits in accord with its provisions. 8.36.130 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator, or his or her designee, shall include, but not be limited to the following: A. Permit Review. Review all flood damage prevention permit applications to determine: 1. Permit requirements of this Chapter 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, or his or her designee, shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agency or other source. 8.36.140 STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood -prone area, all new construction and substantial improvements, including manufactured homes, 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. 8.36.150 STANDARDS FOR SUBDIVISIONS OR OTHER PROPOSED NEW DEVELOPMENT. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood -prone area, any such proposals shall be reviewed to assure that: A. All such proposals are 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. 8.36.160 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters 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. 8.36.170 SEVERABILITY. Chapter 8.36 of the Rolling Hills Municipal Code and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Section 3. Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 15.04.185 to read as follows: 15.04.185 COMPLIANCE WITH FLOODPLAIN MANAGEMENT REGULATIONS. Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by requiring that all new construction and substantial improvements proposed to be built in a flood -prone area, as determined in accordance with Section 8.36.050 of this Code, is subject to the Floodplain Management Regulations set forth in Chapter 8.36 of this Code. Section 4. The City Clerk is directed to certify the passage and adoption of this Chapter, cause it to be entered into the City of Rolling Hill's book of original chapters, make a note of the passage and adoption in the records of this meeting, and, within 15 business days after the passage and adoption of this Chapter, cause it to be published or posted in accordance with California law. Section 5. This Chapter will become effective on the thirty-first day following its passage and adoption. PASSED, APPROVED AND ADOPTED this day of August 2006. B. ALLEN LAY, MAYOR ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 300 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on August 2006 by thefollowing roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK eily oe it ffihy INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityolrh@aol.com Agenda Item No.: 8A Mtg. Date: 8/14/06 DATE: AUGUST 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE NO. 300: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND 1. The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA). The NFIP makes federally subsidized flood insurance available in those residents of cities that have adopted floodplain management regulations designed to prevent and mitigate flood damage. In order for city residents to be eligible to purchase the federally - subsidized flood insurance, cities must adopt and enforce floodplain management regulations which meet or exceed the requirements set forth in Title 44, Part 60 of the Code of Federal Regulations. 2. On September 20, 2006, the County of Los Angeles is expected to adopt new Digital Flood Insurance Rate Maps (FIRMs). In an effort to have all floodplain management ordinances in compliance with the Federal Regulations by September 20, 2006, FEMA and the California Department of Water Resources (DWR) conducted a comprehensive audit of the floodplain management ordinances in effect in all cities throughout the County. Failure to adopt and enforce regulations that comply with the Federal Regulations by September 20, 2006 will result in automatic suspension from the NFIP. If suspended, a city becomes . nonparticipating and flood insurance policies cannot be written or renewed for residents of that city. @Printed or. Recyraed >t,r,rti. J -3: Rolling Hills joined the NFIP in August 1982. FEMA and the DWR have notified the City that, as a condition of continued participation in the NFIP, Rolling Hills must adopt floodplain management regulations that meet the minimum standards set forth in 44 C.F.R. 60.3 by September 20, 2006. 4. The attached ordinance has been approved by the DWR as meeting those standards. The ordinance sets forth development procedures and construction standards for areas designated as special flood hazard areas and will be implemented by the County of Los Angeles, under the City's General Services Agreement. The Building Code, Chapter 15.04 will be amended by adding a section notifying the public of the existence of special construction standards for areas of special flood hazard. 5. This action is exempt from CEQA pursuant to California Code of Regulations Title 14, Section 15061(b)(3). Adoption of this floodplain management ordinance will not cause a significant effect on the environment. Rather, this ordinance will protect the environment and the public from flood damage by setting more stringent construction and development standards in areas where FEMA has determined that special flood hazards exist. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance and introduce Ordinance No. 300 for first reading. t ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: Section 1. The City Council hereby finds that the Title 44, Section 60.1(a) of the Code of Federal Regulations requires adoption of Floodplain Management Regulations in order for the residents of the City of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program, which is managed by the Federal Emergency Management Agency. Such regulations must meet the minimum standards set forth in Title 44, Section 60.3(a) of the Code of Federal Regulations. Section 2. Title 8 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 8.36 to read as follows: CHAPTER 8.36. FLOODPLAIN MANAGEMENT REGULATIONS 8.36.010 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. This Chapter is enacted in order to establish the Floodplain Management Regulations required under Title 44, Section 60 of the Code of Federal Regulations in order for the residents of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program. 8.36.020 STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue andrelief efforts associated flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; 03 E. 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 hazard; F. 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; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.36.030 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. "Area of special flood hazard" means the land in the floodplain within a community 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 the "100 -year flood"). Base flood is the term used throughout this chapter. "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. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. "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. "Historic structure" means any structure that is 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (Di 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. "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 or more manufactured home lots for rent or sale. "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. "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. 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. "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 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 manufacture 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 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 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 would not preclude the structure's continued designation as a "historic structure". 8.36.040 LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas identified as flood -prone within the jurisdiction of the City of Rolling Hills. 8.36.050 BASIS FOR ESTABLISHING FLOOD -PRONE AREAS. The Floodplain Administrator, or his or her designee, 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 Rolling Hills. This data will be on file at the Rolling Hills Department of Planning, City Hall, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. C 8.36.060 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) 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. 8.36.070 ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 8.36.080 INTERPRETATION. In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 8.36.090 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter 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. This Chapter shall not create liability on the part of the City Council, any officer or employee thereof, the County of Los Angeles as designee of the Floodplain- Administrator, the State of California, 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. 8.36.110 ESTABLISHMENT OF FLOOD DAMAGE PREVENTION PERMIT. A Flood Damage Prevention permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood -prone areas. 8.36.120 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager, or his or her designee, is hereby appointed to administer, implement, and enforce this Chapter by granting or denying flood damage prevention permits in accord with its provisions. 8.36.130 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator, or his or her designee, shall include, but not be limited to the following: A. Permit Review. Review all flood damage prevention permit applications to determine: 1. Permit requirements of this Chapter 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, or his or her designee, shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agency or other source. 8.36.140 STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood -prone area, all new construction and substantial improvements,including manufactured homes, 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. 8.36.150 STANDARDS FOR SUBDIVISIONS OR OTHER PROPOSED NEW DEVELOPMENT. If a subdivision proposal or other proposed c) new development, including manufactured home parks or subdivisions, is in a flood -prone area, any such proposals shall be reviewed to assure that: A. All such proposals are 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. 8.36.160 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters 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. 8.36.170 SEVERABILITY. Chapter 8.36 of the Rolling Hills Municipal Code and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Section 3. Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 15.04.185 to read as follows: 15.04.185 COMPLIANCE WITH FLOODPLAIN MANAGEMENT REGULATIONS. Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by requiring that all new construction and substantial improvements proposed to be built in a flood -prone area, as determined in accordance with Section 8.36.050 of this Code, is subject to the Floodplain Management Regulations set forth in Chapter 8.36 of this Code. Section 4. The City Clerk is directed to certify the passage and adoption of this Chapter, cause it to be entered into the City of Rolling Hill's book of original chapters, make a note of the passage and adoption in the records of this meeting, and, within 15 business days after the passage and adoption of this Chapter, cause it to be published or posted in accordance with California law. Section 5. This Chapter will become effective on the thirty-first day following its passage and adoption. PASSED, APPROVED AND ADOPTED this day of August 2006. B. ALLEN LAY, MAYOR ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 300 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on August 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK