CC - Item 4J - Adoption of Floodplain Management Urgency Ordinance No. 866•
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: AUGUST 26, 2008
SUBJECT: ADOPTION OF THE CITY OF ROSEMEAD FLOODPLAIN
MANAGEMENT URGENCY ORDINANCE NO. 866.
SUMMARY
The City of Rosemead is a participant in the National Flood Insurance Program (NFIP).
The NFIP is a federal program that enables property owners in participating
communities to purchase insurance protection against losses from flooding and
mudflow damage. As a condition of continued eligibility in the NFIP, the City must adopt
floodplain management regulations that meet the standards of Title 44 of the Code of
Federal Regulations Part 60.3(a) of the NFIP prior to September 26, 2008.
Staff Recommendation
Staff recommends that the City Council adopt the proposed Urgency Ordinance No.
866, establishing floodplain management regulations based on the State of California
Model Floodplain Management Ordinance in order to secure the City's continued
eligibility in the National Flood Insurance Program.
BACKGROUND
On March 26, 2008, FEMA completed the Flood Insurance Study for the City of
Rosemead. After conducting the study, FEMA determined that there are no Special
Flood Hazard Areas (SFHA) within the City. In accordance with section 1361 of the
National Flood Insurance Act of 1968, there are additional requirements that the City
must meet in order to continue eligibility in the NFIP. Adopting the attached ordinance
will help satisfy these requirements.
The Department of Water Resources of California has developed the California Model
Floodplain Management Ordinance for communities that do not have FEMA identified
Special Flood Hazard Areas. The City is using this model ordinance to meet the
minimum requirements of the NFIP.
FISCAL IMPACT
None
APPROVED FOR CITY COUNCIL AGENDA: 0
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City Council Meeting
August 26, 2008
Paoe 2 of 2
Preps er d b .
Lucien J. LeBlanc, P.E.
City Engineer
Submitted Sgb' d by:
Chris Marcarello Beki
Deputy Director ofPublic Works ACity Manager
(1) Ordinance No. 866
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URGENCY ORDINANCE NO. 866
AN ORDINANCE OF THE CITY OF ROSEMEAD ADDING
CHAPTER 13.17 TO THE ROSEMEAD MUNICIPAL CODE, 1999
RELATING TO FLOODPLAIN MANAGEMENT, AND DECLARING THE URGENCY THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROSEMEAD:
SECTION 1. Chapter 13.17 of the Rosemead Municipal Code, 1999, is hereby added to read as follows:
Chapter 13.17 FLOODPLAIN MANAGEMENT
SECTION 2. Section 13.17.010 of the Rosemead Municipal Code, 1999, is hereby added to read as follows:
13.17.010 Statutory Authorization and Purpose
A. STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code
Section 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. Therefore, the Council of City of
Rosemead does hereby adopt the following floodplain management regulations.
B. STATEMENT OF PURPOSE. It is the purpose of this ordinance 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 with 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 the 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.
SECTION 3. Section 13.17.020 of the Rosemead Municipal Code, 1999, is hereby added to read as
follows:
13.17.020 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to
give them the meaning they have in common usage and to give this ordinance 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 ordinance.
"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.
"Flood or Flooding" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any
source; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin
to a river of liquid & flowing mud on the surface of normally dry land areas, as when earth is carried by a
current of water & deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other 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 which results in flooding as defined in this definition.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any
source - see "Flooding".
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain
management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the
floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control)
and other application of police power which control development in flood-prone areas. This term describes
federal, state or local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
"Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and
implement regulations to provide for the public health, safety and general welfare of its citizenry.
"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; 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.
"Manufactured home" means a structure, transportable in one or more sections, whish 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 vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the larges 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.
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"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 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 marked 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 alterations will not preclude the structure's
continued designation as a "historic structure".
SECTION 4. Section 13.17.030 of the Rosemead Municipal Code, 1999, is hereby added to read as follows:
13.17.030 General Provisions
A. LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas identified as
flood-prone within the jurisdiction of City of Rosemead.
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B. BASIS FOR ESTABLISHING FLOOD-PRONE AREAS. The Floodplain Administrator 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 municipality. This data will be on a file at Public Works
Department - Engineering Division, 8838 East Valley Boulevard, CA 91770.
C. COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the term of this ordinance and other applicable regulations. Violations of the
requirements (including violations of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Nothing herein shall prevent the Council of City of Rosemead from taking such lawful
action as is necessary to prevent or remedy any violation.
D. ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repel, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
E. INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statues.
F. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this
ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or
uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of the Council of City of Rosemead, any officer or employee thereof, the State of California,
or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made hereunder.
SECTION 5. Section 13.17.040 of the Rosemead Municipal Code, 1999, is hereby added to read as follows:
A. ESTABLISHMENT OF DEVELOPMENT PERMIT. A development 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.
B. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Engineer is hereby appointed to
administer, implement, and enforce this ordinance by granting or denying development permits in accord with its
provisions.
C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and
responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
1. Permit Review. Review all development permit applications to determine:
a. Permit requirements of this ordinance have been satisfied;
b. All other required state and federal permits have been obtained; and
c. The site is reasonably safe from flooding.
2. Review and Use of Any Other Base Flood Data. The Floodplain Administrator shall obtain, review,
and reasonably utilize any base flood data available from other Federal or state agency or other source.
SECTION 6. Section 13.17.050 of the Rosemead Municipal Code, 1999, is hereby added to read as follows:
13.17.050 Provisions for flood hazard reduction
A. STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood-prone area, all new
construction and substantial improvements, including manufactured homes, shall:
1. 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.
2. Be constructed:
a. With materials and utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. With electrical heating, ventilation, plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating within the components
during conditions of flooding.
B. 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:
1. All such proposals are consistent with the need to minimize flood damage within the flood prone area;
2. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and
constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards.
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C. STANDARDS FOR UTILITIES.
1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or
eliminate:
a. Infiltration of flood waters into the systems; and
b. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from
them during flooding.
SECTION 7. SEVERABILITY. This ordinance and the various parts thereof are hereby declared to be
severable. Should any section or subsection of this ordinance, or any part thereof, be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any
portion thereof other than the section, subsection or part thereof so declared to be unconstitutional or invalid.
SECTION 8. The City of Rosemead is a participant in the National Flood Insurance Program (NFIP). The
NFIP is a federal program enabling property owners in participating communities to purchase insurance
protection against losses from flooding and mudflow damage.
On March 26, 2008, FEMA determined that there are no Special Flood Hazard Areas (SFHA) within the
City. In addition, FEMA has completed the Flood Insurance Study for the community of Rosemead and
determined that certain additional requirements must be met under Section 1361 of the National Flood Insurance
Act of 1968, as amended. The City of Rosemead must adopt floodplain management regulations that meet the
standards of Title 44 of the Code of Federal Regulations Part 60.3(a) of the NFIP regulations, as a condition of
continued eligibility in the NFIP prior to September 26, 2008.
Accordingly, this ordinance shall be an Urgency Ordinance and shall take effect immediately and become
operative September 23, 2008.
Adopted by the Council of the City of Rosemead on this day of 2008.
ATTEST:
Mayor
By:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )SS
CITY OF ROSEMEAD
I, Gloria Molleda, City Clerk of the City of Rosemead, certify that the foregoing Urgency Ordinance No. 866
was adopted by the City Council of the City of Rosemead, California, at a regular meeting held on the
of 2008, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
City Clerk
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