Ordinance No. 1022 - Amending Municipal Code Section 13.17.040 Relating to Substantial Improvement and Substanatial Damage Within Floodplain Management CodeORDINANCE NO. 1022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL
CODE SECTION 13.17.040, RELATING TO SUBSTANTIAL
IMPROVEMENT AND SUBSTANTIAL DAMAGE WITHIN
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WHEREAS, the City of Rosemead is a participant in the National Flood Insurance
Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA) that
provides insurance protection against losses from flooding and mudflow damage; and
WHEREAS, the City of Rosemead from time to time updates its Local Hazard Mitigation
Plan (LHMP) consistent with the California Governor's Office of Emergency Services (CalOES)
and FEMA requirements to identify hazards and vulnerabilities within its jurisdiction and develop
strategies to mitigate those vulnerabilities; and
WHEREAS, the California Department of Water Resources (DWR) in conjunction with
FEMA recommends adoption of the State of California Model Floodplain Ordinance; and
WHEREAS, it is necessary to amend the City's Municipal Code to reflect the latest
language of the State of California Model Floodplain Ordinance such that the updated LHMP may
be approved without delay. Any such delays to the approval of the LHMP may result in the loss
of eligibility to Federal funding in the event of a disaster or emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment. Section 13.17.040 (C) of the Rosemead Municipal Code
is hereby amended to read:
3. Substantial improvement and substantial damage determinations. For applications for
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on such
buildings and structures, the Floodplain Administrator, in coordination with the Building Official,
shall:
a. Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made.
b. Compare the cost to perform the improvement, the cost to repair the damaged
building to its pre -damaged condition, or the combined costs of improvements
and repairs, when applicable, to the market value of the building or structure.
c. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage.
d. Notify the applicant when it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the building code is required and notify
the applicant when it is determined that work does not constitute substantial
improvement or repair of substantial damage.
4. Department records. In addition to the requirements of the building code and these
regulations, and regardless of any limitation on the period required for retention of public records,
the Floodplain Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of these regulations and the flood
provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate
Maps; documents from FEMA that amend or revise FIRMS; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required certifications and documentation specified by the
building codes and these regulations; notifications to adjacent communities, FEMA, and the State
related to alterations of watercourses; assurance that the flood carrying capacity of altered
waterways will be maintained; documentation related to variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to these regulations and the
flood resistant provisions of the building codes.
SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 3. Publication. The City Clerk is directed to certify this Ordinance and cause
it to be published in the manner required by law.
SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its
adoption.
PASSED, APPROVED AND ORDAINED this 24a day of September, 2024.
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Rachel Ric an, City Attomey
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
Steven Ly, Mayor
ATTEST:
Ericka Hernandez, City Clark ---
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby certify that Ordinance No. 1022 was first introduced at the regular meeting
of September 10, 2024, by first reading. Said Ordinance was approved and adopted by the
City Council of the City of Rosemead at a regular meeting held on the 24h day of September, 2024,
by the following vote:
AYES: ARMENTA, CLARK, LOW, LY
NOES: NONE
ABSENT: DANG
ABSTAIN: NONE
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Ericka Hernandez, City Clerk.. _