ORD 118ORDINANCE NO. 118
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING
CHAPTER 8.11 OF THE LA QUINTA MUNICIAL
CODE, RELATIVE TO FLOOD HAZARD REGULATIONS
The City Council of the City of La Quinta, California, does ordain as
follows:
SECTION 1. The Legislature of the State of California has in
Government Code Sections 65302, 65560 and 65800 conferred upon local
government units authority to adopt regulations designed to promote
the public health, safety, and general welfare of it's citizenery.
SECTION 2. The City of La Quinta, California is a participant
in the National Flood Insurance Program (NFIP), and has agreed to
adopt and enforce a floodplain management ordinance which complies
with the minimum requirement of the NFIP.
SECTION 3. Municipal Code Chapter 8.11, "Flood Hazard
Regulations", is hereby amended, consistent with the October 1, 1986
NFIP Regulations, to read as contained in Exhibit "A" attached hereto.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full
force and effective thirty (30) days after its adoption.
SECTION 5. POSTING. The City Clerk shall, with 15 days after
passage of this ordinance, cause it to be posted in at least three
public places designated by resolution of the City Council; shall
certify to the adoption and posting of this ordinance; and, shall
cause this ordinance and its certification, together with proof of
posting, to be entered into the Book of Ordinance of this City.
The foregoing ordinance was approved and adopted at a meeting of
the City Council held on this 20th day of October 1987, by the
following vote:
AYES:Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle
NOES: None
ABSENT: None
MAYOR
CITY CLERK
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
t
CITY MANAGER
"Exhibit A"
Chapter 8.11
FLOOD HAZARD REGULATIONS
Sections:
8.11.010 Findings of fact, purpose and methods.
8.11.020 Definitions.
8.11.030 General provisions.
8.11.040 Administration.
8.11.050 Provisions for flood hazard reduction.
8.11.060 Variance procedure.
8.11.010 Findings of fact, purpose and methods. A.
Findings of Fact.
1. The flood hazard areas of the City of La Quinta, are
subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare.
2. These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored, damage
uses in other areas. Uses that are inadequately flood proofed,
elevated or otherwise protected from flood damage also contribute to
the flood loss.
B. 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:
1. To protect human life and health;
2. To minimize expenditure of public money for costly
flood control projects;
3. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the
second use and development of areas of special flood hazard so as to
minimize future flood blight areas;
7. To insure that potential buyers are notified that
property is in an area of special flood hazard; and
8. To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
C. Methods of Reducing Flood Losses. In order to accomplish
its purposes, this ordinance includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or flood heights or
velocities;
2. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
3. Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
5. Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
8.11.020 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.
1. "Appeal" means a request for a review of the
Floodplain Administrator's interpretation of any provision of this
chapter or a request for a variance.
2. "Area of shallow flooding" means a designated AO or
AH Zone on the Flood Insurance Rate Map (FIRM). The base flood
depths range from one to three feet; a clearly defined channel does
not exit; the path of flooding is unpredictable and indeterminate;
and velocity flow may be evident.
3. "Area of special flood hazard" - See "Special flood
hazard area".
4. "Base flood" means the flood having a one percent
chance of being equalled or exceeded in any given year (also called
the "100-year flood").
5. "Basement" means any area of the building having its
floor subgrade below ground level on all sides.
6. "Breakaway walls" are any type of walls, whether
solid or lattice, and whether constructed of concrete, masonry, wood,
metal, plastic or any other suitable building material which is not
part of the structural support of the building and which is designed
to break away under abnormally high tides or wave action without
causing any damage to the str>ctural integrity of the building on
which they are used or any buildings to which they might be carried
by flood waters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty pounds per
square foot. Use of breakaway walls must be certified by a
registered engineer or architect and shall meet the following
conditions:
a. Breakaway wall collapse shall result from a water
load less than that which would occur during the base flood; and
b. The elevated portion of the building shall not
incur any structural damage due to the effects of wind and water
loads acting simultaneously in the event of the base flood.
7. "Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings or
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other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
8. "Flood or flooding" means a general and temporary
conditions of partial or complete inundation of normally dry land
areas from (1) the overflow of flood waters, (2) the unusual and
rapid accumulation or runoff of surface waters from any source, and
or (3) 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 unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in this definition.
9. "Flood boundary and floodway map" means the official
map on which the Federal Emergency Management Agency or Federal
Insurance Administration has delineated both the areas of flood
hazard and the floodway ,
10. "Flood Insurance Rate Map (FIRM)" means the official
map on which the Federal Emergency Management Agency or Federal
Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the city.
11. "Flood Insurance Study" means the official report
provided by the Federal Insurance Administration that includes flood
profiles, the FIRM, the Flood Boundary and Floodway Map, and the
water surface elevation of the base flood.
12. "Floodplain or flood -prone area" means any land
area susceptible to being inundated by water from any source (see
definition of "flooding").
13. "Floodplain management" means the operation of an
overall program of corrective and preventive measures for reducing
flood damage, including but not limited to emergency preparedness
plans, flood control works and floodplain management regulations.
14. "Floodplain management regulations" means zoning
ordinance, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes state or local
regulations in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
15. "Floodproofing" means any combination of structural
and nonstructural additions, changes or adjustments to structures
which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their
contents.
16. "Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. Also referred to as
"Regulatory floodway".
17. "Functionally dependent use" means a use which cannot
perform its intended purpose unless it is located or carried out in
close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of
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cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing
facilities.
18. "Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction next to the
proposed walls of a structure.
19. "Lowest floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a
building's lowest floor; provided, that such enclosure is not built
so as to render the structure in violation of the applicable
non -elevation design requirements of this chapter.
20. "Manufactured home" means a structure, transportable
in one or more sections, which is built on a permanent chassis and is
designed for use without without a permanent foundation when
connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park trailers,
travel trailers and other similar vehicles placed on a site for
greater than 180 consecutive days.
21. "Manufactured home park or subdivision" means a parcel
(or contiguous parcels) of land divided into two or more manufactured
home lots for sale or rent.
22. "Mean sea level" means, for purposes of the National
Flood Insurance Program, the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to which base flood elevations shown
on the City's Flood Insurance Rate Map are referenced.
23. "New construction" means, for floodplain management
purposes, structures for which the "start of construction" commenced
on or after the effective date of a floodplain management
regulation adopted by the city.
24. "One hundred year flood" or 11100-year flood" means a
flood which has a one percent annual probability of being equalled or
exceeded. It is identical to the "base flood", which will be the
term used throughout this chapter.
25. "Person" means an individual or his agent, firm,
partnership, association or corporation, or agent of the
aforementioned groups, or the State of California or its agencies or
political subdivisions.
26. "Remedy a violation" means to bring the structure or
other development into compliance with State or local floodplain
management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced
include protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar violations, or
reducing Federal financial exposure with regard to the structure or
other development.
27. "Riverine" means relating to, formed by, or
resembling a river (including tributaries), stream, brook, etc.
28. "Special flood hazard area (SFHA)" means an area
having special flood or flood -related erosion hazards, and shown on
an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, or AH.
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29. "Start of Construction" includes substantial
improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main
structure.
30. "Structure" means a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
31. "Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure
either:
a. before the improvement or repair is started; or
b. if the structure has been damaged, and is being
restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the
structure. The term does not, however, include either:
a. any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
b. any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
32. "Variance" means a grant of relief from the
requirements of this chapter which permits construction in a manner
that would otherwise be prohibited by this chapter.
33. "Violation" means the failure of a structure or other
development to be fully compliant with the city's floodplain
management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation
until such time as that documentation is provided.
8.11.030 General Provisions. A. Lands to which this chapter
applies. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of La Quinta.
B. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard, identified by the Federal
Emergency Management Agency or the Federal Insurance Administration
in a scientific and engineering report entitled "Flood Insurance
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Study for the City of La Quinta dated December 19, 1984, with an
accompanying Flood Insurance Rate Map is hereby incorporated by
reference and declared to be a part of this chapter. This Flood
Insurance Study is on file at City Hall (78-105 Calle Estado). This
Flood Insurance Study is the minimum area of applicability of this
chapter and may be supplemented by studies for other areas which
allow implementation of this chapter and which are recommended to the
City Council by the Floodplain Administrator.
C. 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. Violations of the provisions of this chapter by failure
to comply with any of its 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.
D. 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 ordinance, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall
prevail.
E. Interpretation. In the interpretation and application of
this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the City Council; 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 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 of La Quinta, any officer or employee
thereof, or the Federal Insurance Administration, for any flood
dama cs that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
G. Severability. This chapter 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.
8.11.040 Administration. A. Establishment of development
permit. A Development Permit shall be obtained before construction
or development begins within any area of special flood hazards,
established in Section 8.11.030B. Application for a Development
Permit shall be made on forms furnished by the Floodplain
Administrator and may include, but are not limited to: plans in
duplicate drawn to scale showing the nature, location, dimensions,
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and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following information
is required:
1. Proposed elevation in relation to mean sea level, of
the lowest floor (including basement) of all structures; in Zone AO
or V0, elevation of highest adjacent grade and proposed elevation
of lowest floor of all structures.
2. Proposed elevation in relation to mean sea level to
which any structure will be floodproofed;
3. All appropriate certifications listed in Section
8.11.040C.4. of this chapter; and
4. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
B. Designation of the Floodplain Administrator. The City
Engineer is hereby appointed to administer and implement this chapter
by granting or denying development permits in accordance with its
provisions.
C. Duties and responsibilities of the Floodplain
Administrator. The duties and responsibilities of the floodplain
administrator shall include, but are not limited to:
1. Permit review.
a. Review all development permits to determine that
the permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have
been obtained;
c. The site is reasonably safe from flooding.
d. Require until a regulatory floodway is
designated, that no new construction, substantial improvements, or
other development (including fill) shall be permitted within Zones
Al-30 and AE on the City's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any
point within the community.
2. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section
8.11.030.B., the Floodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other source, in order to
administer Section 8.11.050. Any such information shall be submitted
to the City Council for adoption.
3. Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities and the California
Department of Water Resources prior to such alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration;
b. Require that the flood carrying capacity of the
altered or relocated portion of said watercourse is maintained.
4. Obtain and maintain for public inspection and make
available as needed:
a. The certification required in Section
8.11.050.A.3a. (floor elevations);
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b. The certification required in Section
8.11.050.A.3.b. (elevations in areas of shallow flooding);
c. The certification required in Section
8.11.050.A.3.c.3. (elevation or floodproofing of nonresidential
structures);
d. The certification required in Section
8.11.050.A.3.d.1. (wet floodproofing of nonresidential structures);
e. The certification required in Section 8.11.050.C.2.
(subdivision standards);
f. The certification required in Section 8.11.050.E.1
(floodway encroachments);
5. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazards,
(for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section 8.11.060.
6. Take action to remedy violations of this chapter as
specified in Section 8.11.030.C.
8.11.050 Provisions for flood hazard reduction. A.
Standards of construction. In all areas of special flood hazards the
following standards are required:
1. Anchoring.
a. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrstatic loads,
including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring
standards of Section 8.11.050D.
2. Construction material and methods.
a. All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
b. All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
c. All new construction and substantial improvements
shall be constructed 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.
d. Require within Zones AH or AO adequate drainage
paths around structures on slopes to guide flood waters around and
away from proposed structures.
3. Elevation and floodproofing.
a. New construction and substantial improvement of any
structure shall have the lowest floor, including basement, elevated
to or above the base flood elevation. Nonresidential structures may
meet the standards in Section 8.11.050 A.3.c. Upon completion of the
structure the elevation of the lowest floor including basement shall
be certified by a registered professional engineer or surveyor to be
properly elevated. Such certification shall be provided to the
Floodplain Administrator.
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b. New construction and substantial improvement of any
structure in Zone AH or AO shall have the lowest floor, including
basement, elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the FIRM, or at least two
feet if no depth number is specified. Nonresidential structures may
meet the standards in Section 8.11.050.A.3.c. Upon the completion of
the structure the elevation of the lowest floor including basement
shall be certified by a registered professional engineer or surveyor
to be property elevated. Such certification shall be provided to the
Floodplain Administrator.
c. Nonresidential construction shall either be
elevated in conformance with Section 8.11.050A.3.a or b. or together
with attendant utility and sanitary facilities:
1. be floodproofed so that below the base flood
level the structure is watertight with walls substantially
impermeable to the passage of water;
2. have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
3. be certified by a registered professional
engineer or architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the Floodplain
Administrator.
d. Require, for all new construction and substantial
improvements that fully enclosed areas below the lowest floor that
are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
1. Either a minimum of two openings having a
total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters; or
2. Be certified to comply with a local
floodproofing standard approved by the Federal Insurance
Administration.
e. Manufactured homes shall also meet the standards in
Section 8.11.050.D.
B. Standards for utilities.
1. All new and replacement water supply and sanitary
sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from
systems into flood waters.
2. On -site waster disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
C. Standards for subdivisions.
1. All preliminary subdivision proposals shall identify
the flood hazard area and the elevation of the base flood.
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2. All final subdivision plans will provide the elevation
for proposed structure(s) and pads. If the site is filled above the
base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the
Floodplain Administrator.
3. All subdivision proposals shall be consistent with the
need to minimize flood damage.
4. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
D. Standards for manufactured homes. All new and replacement
manufactured homes and additions to manufactured homes shall:
1. Be elevated so that the lowest floor is at or above the
base flood elevation; and
2. Be securely anchored to a permanent foundation system
to resist flotation, collapse or lateral movement.
E. Floodways. Located within areas of special flood hazard
established in Section 8.11.030.B. are areas designated as
floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential
_ projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new
construction, substantial improvements, and other development unless
certification by a registered professional engineer or architect is
provided demonstrating that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood
discharge.
2. If Section 8.11.050E.1. is satisfied, all new
construction and substantial improvements shall comply with all other
applicable flood hazard reduction provisions of Section 8.11.050.
8.11.060 variance Procedure. A. Appeal Board.
1. The City Council of the City of La Quinta shall hear
and decide appeals and requests for variances from the requirements
of this ordinance.
2. The City Council shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the
enforcement or administration of this chapter.
3. In passing upon such applications, the City Council
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter, and:
a. the danger that materials may be swept onto other
lands to the injury of others;
b. the danger of life and property due to flooding or
erosion damage;
c. the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the
individual owner;
d. the importance of the service provided by the
proposed facility to the City;
e. the necessity to the facility of a waterfront
location, where applicable;
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f. the availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage;
g. the compatibility of the proposed use with existing
and anticipated development;
h. the relationship of the proposed use to the general
plan and floodplain management program for that area;
i. the safety of access to the property in time of
flood for ordinary and emergency vehicles;
j. the expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters expected at the
site; and,
k. the costs of providing governmental services during
and after flood conditions, including maintenance and repair of
public utilities such as sewer, gas electrical, and water system, and
streets and bridges.
4. Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing
items 8.11.060.A.3.a through 8.11.060.A.3.K have been fully
considered. As the lot size increases beyond one-half acre, the
technical justification required for issuing the variance increases.
5. Upon consideration of the factors of Section
8.11.060.A.3. purposes of this ordinance, the City Council may attach
such conditions to the granting of variances as it deems necessary to
further the purposes of this ordinance.
6. The Floodplain Administrator shall maintain the
records of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
B. Conditions for variances
1. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed in the National
Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder
of this section.
2. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood
discharge would result.
3. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
4. Variances shall only be issued upon:
a. a showing of good and sufficient cause:
b. a determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
c. a determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of, the public, or conflict with existing
local laws or ordinances.
5. Variances may be issued for new construction and
substantial improvements and for other development necessary for the
conduct of a functionally dependent use provided that the provisions
of Sections 8.11.060.B.1 through 8.11.060.B.4 are satisfied and that
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' the structure or other development s protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
6. Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be built
with a lowest floor elevation below the regulatory flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation. A
copy of the notice shall be recorded by the Floodplain Board in the
office of the Riverside County Recorder and shall be recorded in a
manner so that it appears in the chain of title of the affected
parcel of land.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
do hereby certify the foregoing to be a full, true and
correct copy of Ordinance No. 118 which was introduced by
the La Quinta City Council at a regular meeting held on
the 29th day of September 1987 and was adopted at a
regular meeting held on the 20th day of October
1987, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California