79.1.1 STATUTORY AUTHORIZATION.
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 designated to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Torrance ordains as set out in this Chapter.
79.1.2 FINDINGS OF FACT.
a) The flood hazard areas of the City of Torrance 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.
b) 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 flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
79.1.3 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:
a) To protect human life and health;
b) To minimize expenditure of public money for costly flood control projects;
c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d) To minimize prolonged business interruptions;
e) 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;
f) 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;
g) To insure that potential buyers are notified that property is in an area of special flood hazard; and
h) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
79.1.4 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purpose, this Chapter includes methods and provisions for:
a) 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 in flood heights or velocities;
b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
d) Controlling filling, grading, dredging, and other development which may increase flood damage; and
e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
ARTICLE 2 - DEFINITIONS
(Amended by O-3802)
79.2.1 SPECIFIC WORDS OR PHRASES.
Unless specifically defined in this Section, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.
a) "Appeal" means a request for a review of the Floodplain Administrator’s interpretation of any provisions of this Chapter or a request for an exception.
b) "Area of shallow flooding" means a designated AO, AH or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
c) Area of Special Flood Hazard. See "special flood hazard area."
d) "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year (also called the "one hundred (100) year flood").
e) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
f) "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 structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
1) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and
2) 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.
g) "Coastal high hazard area" means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on the Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE or V.
h) "Development" means any manmade 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.
i) "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before 1979.
j) "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
k) "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1) The overflow of floodwaters;
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 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.
l) "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.
m) "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 community.
n) "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 water surface elevation of the base flood.
o) "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
p) "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.
q) "Floodplain management regulations" means zoning ordinances, 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 such State or local regulations in any combination thereof which provide standards for the purpose of flood damage prevention and reduction.
r) "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.
s) "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 (1) foot. Also referred to as "regulatory floodway."
t) "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 that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
u) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
v) "Historic structure" means any structure that is:
1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 the 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 without approved programs.
w) "Lowest floor" means 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 nonelevation design requirements of this Chapter.
x) "Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. 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 one hundred eighty (180) consecutive days.
y) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.
z) "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 a community’s Flood Insurance Rate Map are referenced.
aa) "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 this community.
bb) "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 18, 1979.
cc) "One-hundred-year-flood" or "100-year-flood" means a flood which has a one percent (1%) annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this Chapter.
dd) "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the State or its agencies or political subdivisions.
ee) "Recreational vehicle" means a vehicle which is:
1) Built on a single chassis;
2) Four hundred (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 a temporary living quarters for recreational, camping, travel, or seasonal use.
ff) "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 this Chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
gg) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
hh) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
ii) "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, A1-30, AE, A99, AH, VO, V1-V30, VE or V.
jj) "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 one hundred eighty (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 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.
kk) "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.
ll) "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 fifty percent (50%) of the market value of the structure before the damage occurred.
mm) "Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
1) Before the improvement or repair is started; or
2) 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.
nn) "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. In this Chapter such procedures shall be known as an exception.
oo) "Violation" means the failure of a structure or other development to be fully compliant with the community’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 a violation until such time as that documentation is provided.
79.3.1 LANDS TO WHICH THIS CHAPTER APPLIES.
This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Torrance.
79.3.2 BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.
(Amended by O-3685)
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "The Flood Insurance Study of the City of Torrance" dated June 18, 1979, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s), dated December 18, 1979 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance and Chapter. This FIS and attendant mapping is the minimum area of applicability of this ordinance and Chapter and may be supplemented by studies for other areas which allow implementation of this ordinance and Chapter and which are recommended to the City Council of the City of Torrance by the Floodplain Administrator. The study, FIRM’s and FBFM’s are on file at the Community Development Department/Engineering Division, 3031 Torrance Blvd, Torrance, CA.
79.3.3 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 in this Chapter shall prevent the City Council of the City of Torrance from taking such lawful action as is necessary to prevent or remedy any violation.
79.3.4 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.
79.3.5 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.
79.3.6 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 height may be increased by manmade 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 Torrance, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result in reliance on this Chapter or any administrative decision lawfully made thereunder.
79.3.7 SEVERABILITY.
This Chapter and the various parts thereof are declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decisions 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.
79.4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT.
(Amended by O-3802)
A development permit shall be obtained before construction or development, including manufactured homes, begins within any area of special flood hazard established in Section 79.3.2. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, grading information showing existing and proposed contours, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
a) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. Base flood elevation. In Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
c) All appropriate certifications listed in Section 79.4.3(d);
d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
e) Proposed location of water supply, sanitary sewer, and other utilities;
f) Location of regulatory floodway when applicable;
g) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 79.5.1(c)(3); and
h) For crawlspace foundation, location and total net area of foundation openings as required in Section 79.5.1(c)(4) and detailed in the FEMA Technical Bulletins 1-93 and 7-93.
79.4.2 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.
79.4.3 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
(Amended by O-3802)
The duties of the Floodplain Administrator shall include but not be limited to:
a) Permit Review.
1) Review all development permits to determine that the permit requirements of this Chapter have been satisfied;
2) All other required State and Federal permits have been obtained;
3) The site is reasonably safe from flooding;
4) Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’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 (1) foot at any point within the community.
b) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 79.3.2, 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 Article 5 of this Chapter. Any such information shall be submitted to the City Council of the City of Torrance for adoption.
c) Whenever a watercourse is to be altered or relocated:
1) 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;
2) Require that the flood carrying capacity of the altered or relocated portion of such watercourse is maintained.
3) Within six (6) months of information becoming available or project completion, whichever comes first, new technical data shall be submitted to the City and notify FEMA of changes in the base flood elevation by submitting technical or scientific data so insurance and floodplain management can be based on current data as required by 44 C.F.R. 65.3.
d) Obtain and maintain for public inspection and made available as needed:
1) The certification required in Section 79.5.1(c)(1), floor elevations;
2) The certification required in Section 79.5.1(c)(2), elevations in areas of shallow flooding;
3) The certification required in Section 79.5.1(c)(3)(C), elevation of floodproofing of nonresidential structures;
4) The certification required in Section 79.5.1(c)(4)(A) or 79.5.1(c)(4)(B), wet floodproofing standard;
5) The certification elevation required in Section 79.5.3(b), subdivision standards;
6) The certification required in Section 79.5.6(a), floodway encroachments;
7) The reports required in Section 79.5.7(f), coastal construction standards.
e) 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 Article 6 of this Chapter.
f) Take Action to Remedy Violations of this Chapter as Specified in Section 79.3.3.
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.
g) 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 (2) openings having a total net area of not less than one (1) 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 (1) 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.
h) Manufactured homes shall also meet the standards in Section 79.5.4.
79.5.1 STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
a) Anchoring:
1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2) All manufactured homes shall meet the anchoring standards of Section 79.5.4
b) Construction materials and methods:
1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designated and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4) Require within Zones AH, AO or VO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
c) Elevation and floodproofing:
1) 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 79.5.1(c)(3). Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
2) New construction and substantial improvement of any structure in Zone AH, AO or VO 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 79.5.1(c)(3). Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
3) Nonresidential construction shall either be elevated in conformance with Section 79.5.1(c)(1) or 79.5.1(c)(2), or together with attendant utility and sanitary facilities:
A) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
C) 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.
4) 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:
A) 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
B) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
5) Manufactured homes shall also meet the standards in Section 79.5.4
79.5.2 STANDARDS FOR UTILITIES.
a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
79.5.3 STANDARDS FOR SUBDIVISIONS.
(Amended by O-3802)
a) All preliminary subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres whichever is lesser shall identify the flood hazard area and the elevation of the base flood.
b) All final subdivision plans will provide the elevation of 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.
c) All subdivision proposals shall be consistent with the need to minimize flood damage.
d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
79.5.4 STANDARDS FOR MANUFACTURED HOMES.
(Amended by O-3802)
All new and replacement manufactured homes and additions to manufactured homes shall:
a) Be elevated so that the lowest floor is at or above the base flood elevation; and
b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.
c) In A1-30, AH, and AE Zones, require that manufactured homes to be placed or substantially improved in an existing manufactured home park to be elevated so that: (1) the lowest floor is at or above the BFE or (2) the chassis is supported by reinforced piers no less than thirty-six (36) inches above grade and securely anchored as required by 44 C.F.R. 60.3(c)(12).
79.5.5 STANDARDS FOR RECREATIONAL VEHICLES.
(Added by O-3802)
a) All recreational vehicles placed in Zones A1-30, AH, V1-30 and VE will either:
1) Be on the site for fewer than one hundred eighty (180) consecutive days; or
2) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions; or
3) Meet the permit requirements for Section 79.4.1 and the elevation and anchoring requirements for manufactured homes in Section 79.5.4.
b) Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community’s Flood Insurance Rate Map will meet the requirements of subsections (a) of this Section and Section 79.5.7.
79.5.6 FLOODWAYS.
(Amended by O-3802. Formerly 79.5.5)
Located within the areas of special flood hazard established in Section 79.3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential projectiles, and erosion potential, the following provisions apply:
a) 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.
b) If subsection (a) of this Section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this Article.
79.5.7 COASTAL HIGH HAZARD AREAS.
(Amended by O-3802. Formerly 79.5.6)
Within coastal high hazard areas (Zones V, V1-30, and VE) established in Section 79.3.2, the following standards shall apply:
a) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor, excluding the pilings or columns, is elevated to or above the base flood elevation. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by the applicable State or local building standards.
b) All new construction shall be located on the landward side of the reach of mean high tide.
c) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.
d) Fill shall not be used for structural support of buildings.
e) Manmade alteration of sand dunes which would increase potential flood damage is prohibited.
f) The Floodplain Administrator shall obtain and maintain the following records:
1) Certification by a registered engineer or architect that a proposed structure complies with subsection (a) of this Section.
2) The elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor excluding pilings or columns of all new and substantially improved structures, and whether such structures contain a basement.
79.6.1 APPEAL BOARD.
a) The City Council of the City of Torrance shall hear and decide appeals and requests for exceptions from the requirements of this Chapter.
b) The City Council of the City of Torrance 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.
c) In passing upon such applications, the City Council of the City of Torrance shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter, and:
1) The danger that materials may be swept onto other lands to the injury of others;
2) The danger to life and property due to flooding or erosion damage;
3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4) The importance of the services provided by the proposed facility to the community;
5) The necessity to the facility of a waterfront location, where applicable;
6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;
7) The compatibility of the proposed use with existing and anticipated development;
8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9) The safety of access to the property in time of flood for ordinary and emergency vehicles;
10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and
11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
d) Generally, exceptions may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (c)(1) through (c)(11) of this Section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the exception increases.
e) Upon consideration of the factors of subsection (c) of this Section and the purposes of this Chapter, the City Council of the City of Torrance may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this Chapter.
f) The Floodplain Administrator shall maintain the records of all appeal actions and report any exceptions to the Federal Insurance Administration upon request.
79.6.2 CONDITIONS FOR EXCEPTIONS (VARIANCES).
(Amended by O-3802)
a) Exceptions may be issued for the reconstruction, rehabilitation or restoration of structures listed on 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.
b) Exceptions shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
c) Exceptions shall only be issued upon a determination that the exception is the minimum necessary, considering the flood hazard, to afford relief.
d) Exceptions shall only be issued upon:
1) A showing of good and sufficient cause;
2) A determination that failure to grant the exception would result in exceptional hardship to the applicant; and
3) A determination that the granting of an exception 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.
e) Exceptions 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 subsections (a) through (d) of this Section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
f) Any applicant to whom an exception 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 Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
79.6.3 NATURE OF EXCEPTIONS (VARIANCES).
(Added by O-3802)
The issuance of an exception is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of an exception.
The exception criteria set forth in this Article are based on the general principle of zoning law that exceptions pertain to a piece of property and are not personal in nature. An exception may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City Council to help protect the citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that exceptions from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if exceptions are strictly limited. Therefore, the exception guidelines provided in this Article are more detailed and contain multiple provisions that must be met before an exception can be properly granted. The criteria are designed to screen out those situations in which alternatives other than an exception are more appropriate.