HomeMy WebLinkAboutOrdinance #2488 ORDINANCE N0. 2488
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTION 9050. 1, AND BY ADDING
THERETO NEW ARTICLE 969.6 ENTITLED, "FLOOD-
PLAIN DISTRICT REGULATIONS"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending section 9050. 1 to read as follows :
9050.1 . DESIGNATION OF DISTRICTS. The city of Huntington
Beach is hereby divided into districts, hereinafter set forth, as
determined and defined by officially adopted zoning maps , and
such districts shall be identified by the following symbols :
R1 -MS M1-A Sl
R2 R5 Ml CF-
R3 C1 M2 -CD
R4 C2 RA -0, 01, 02
MH C3 Al ROS
-PD C4 SP-1 LU
-FP1
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 969.6 entitled, "Flood-
plain District Regulations" to read as follows :
969.6. o. PURPOSE AND INTENT. Floodplain district regu-
lations are intended to be applied to any area of the city which,
under present conditions, is subject to periodic flooding and
accompanying hazards. The objectives of such regulations are
as follows :
(a) To prevent loss of life and property and to reduce to
a minimum economic loss caused by flood flows.
(b) To establish criteria for land management and use in
flood-prone areas that are consistent with those promulgated by
the Federal Insurance Administration in order to provide flood
insurance eligibility for property owners .
( c) To prohibit encroachments, new construction, sub-
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3/10/81
1.
stantial or other improvements or development that would ob-
struct the flow of floodwaters within a f loodway.
(d) To regulate and control uses below the elevation of
the design flood flow within the remainder of the f loodplain.
969. 6. 1. DEFINITIONS. Except where the context otherwise
requires , the definitions given in this section shall govern
the construction of this article.
(a) Area of special flood hazard shall mean the land in
the floodplain within a community subject to a 1 percent or
greater chance of flooding in any given year.
(b) Base flood shall mean a flood having a 1 percent chance
of being equalled or exceeded in any given year.
( c) Coastal high hazard area shall mean the area subject
to high velocity waters including, but not limited to, hurri-
cane wave wash or tsunamis . The area is designated on a F.I.R. M.
as Zone V and V1-30.
(d) Design flood shall mean a flood against which protec-
tion is provided by means of land use regulation, flood protec-
tive or flood control works. When a federal flood control project
has been authorized, the design flood will be that defined by the
cognizant agency. In all other cases, the design flood shall be
either at the one-hundred-year-recurrence interval (base flood)
or, when determined applicable by the City of Huntington Beach,
the standard project flood.
( e) Flood shall mean a general and temporary condition of
partial or complete inundation of land areas from the overflow
of inland and tidal waters , and the rapid accumulation of runoff
of surface waters from any source and mudslides (i. e. , mudflows)
which are proximately caused or precipitated by accumulations
of water on or under the ground.
(f) Flood hazard area shall mean an area having flood,
mudslide (i .e . . mudflow) and flood-related erosion hazards , or
as shown on a zoning district map , flood insurance rate map
(F. I.R.M. ) or flood boundary and floodway map.
(g) Flood Insurance Rate Map (F. I.R.M. ) and Flood Bound-
ary and Floodway Map shall mean the official maps on which the
Federal Insurance Administration has delineated the areas of
special flood hazard, the risk premium zones and the floodways
applicable to the community.
(h) Flood Insurance Study shall mean the "Flood Insurance
Study for the City of Huntington Beach prepared by the Federal
2.
Insurance Administration, providing flood profiles as well as
the boundaries and the water surface elevations of the base flood,
including the Flood Insurance Rate Maps and the Flood Boundary
and Floodway Maps.
( i) Floodplain shall mean the land area adjacent to a
watercourse and other land areas susceptible to being inundated
by a design flood.
( j) Floodway shall mean the channel of a river or other
watercourse and that part of the floodplain reasonably required
to discharge the design flood without cumulatively increasing
the water surface elevation more than one (1) foot or endangering
life. The floodway also may be that land area necessary for
the construction of physical works , including the lands neces-
sary for construction of project levees , for the conveyance
of the design flood discharge for an authorized federal flood
control project.
(k) Structure shall mean anything constructed or erected
requiring a fixed location on the ground or attached to some-
thing having a fixed location on the ground except business
signs and other improvements of a minor character. For flood-
plain management purposes, "structure" shall mean a walled and
roofed building, including a gas or liquid storage tank that is
principally aboveground, and including a mobilehome.
( 1) Substantial improvement shall mean any repair, recon-
struction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the struc-
ture either (1) before the improvement or repair is started;
or (2) before damage and the beginning of restoration or repair.
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 com-
mences whether such alteration affects the external dimensions
of the structure or not.
969. 6. 2. APPLICATION. (a) In any base district where the
district symbol is followed by the suffix -FP, the additional
requirements, limitations, and standards contained in this article
shall apply. The district symbol shall constitute the "base
district" and the -FP suffix shall constitute the "combining
district. " In the event of conflicting provisions between those
established for the base district and those contained in this
article, the requirements of the -FP combining district shall
take precedence.
(b) Floodway, f loodplain and flood hazard areas, and
coastal high hazard areas shall be identified, mapped and desig-
3•
i
nated based upon :
(1) The Flood Insurance Rate Maps (F. I.R.M. ' s) and
Flood Boundary and Floodway Maps in and part of the Federal
Insurance Administration' s "Flood Insurance Study for the City
of Huntington Beach" on file in the office of the City Clerk
and incorporated herein by this reference; or
(2) The design flood, as determined from engineering
studies approved by the City Council.
(c) If the Federal Insurance Administration has not pro-
vided base flood elevations, the City of Huntington Beach shall
use base flood elevation data from other available sources .
(d) Where the f to odplain area has been mapped by both the
Federal Insurance Administration and the City of Huntington
Beach, the regulatory requirements shall apply to that area having
the outermost boundaries.
969 .6. 3. FINDINGS FOR GRANTING USE PERMITS. No use per-
mit shall be issued unless the proposed project, together or in
combination with existing developments , will not endanger life,
restrict the carrying capacity of the floodway, increase flood
heights or increase flood velocities .
969.6. 4. -FP1 AREA DESIGNATED. -FP1 shall apply to that
area designated as a floodway or right-of-way necessary for im-
plementation of the Santa Ana River Channel Plan, as identified
in the United States Army Corps of Engineers' Phase I General
Design Memorandum.
969.6. 5. -FP1 USES PERMITTED. The following uses are per-
mitted in the -FP1 combining district:
(a) Flood and Road Projects. Flood control channels , levees,
spreading grounds and basins , roads, bridges and storm drains .
(b) Agriculture . All permitted general agricultural uses
including farming, pastures or forestry which require no per-
manent structures , landfill, storage of materials or equipment,
or stream alteration that would result in any increase in flood
levels within the regulatory floodway.
( c) Park Projects. Parks , campgrounds, picnic grounds,
trails , wildlife and natural preserves , and similar open space
uses.
969.6. 6. -FP1 USES PROHIBITED. The following uses are
specifically prohibited in the -FP1 combining district:
4.
(a) Landfills, excavations, improvements , developments , or
encroachments that will obstruct or create debris-catching ob-
stacles to passage of the design flood, or that cause a cumula-
tive increase in the elevation of the design flood water profile
at any point, or that will tend to broaden or direct flood flows
out of the floodway, or impair the design flood conveyance capa-
bility of the floodway, or otherwise create a potential hazard
to life or property resulting from flood flows in the floodplain
district.
(b) Permanent structures.
(c) Buildings used for habitation by human beings.
( d) Storage of substances or materials capable of floating
which could add to the debris load of a stream or watercourse.
( e) Storage of chemicals, explosives, flammable liquids ,
toxic materials, or anything of a nature which could create a
potential danger to the public health and welfare.
969.6. 7. -FP1 USES SUBJECT TO CONDITIONAL USE PERMIT. The
following uses shall be permitted in the -FP1 combining district
subject to approval of a conditional use permit:
(a) Public utility facilities.
(b) Temporary structures which can be readily removed
within the time available after flood warning.
( c) Recreation areas, parks , campgrounds, playgrounds,
riding and hiking trails, parking lots , wildlife and natural pre-
serves , and similar open space uses without permanent struc-
tures or improvements .
(d) Excavation and removal of rock, sand, gravel and other
materials provided there is no adverse effect on the watercourse
so that the excavation area retains its original capability to
receive and release flood waters. In addition, such excavations
shall be contained within the floodplain district so that no
hazard will be created through potential flood conditions to ad-
jacent properties.
SECTION 3. This ordinance shall take effect thirty days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of May 1981.
5.
IwZ4
Mayor
ATTEST: APPROVED AS TO FORM:
the
City Clerk City Attbiohey
REVIEWED AND APPROVED : rITIATED AND APPROVED:
i
City Adm '` trat irector of Development
Services
� 6.
Ord. No. 2488
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 4th day of May
19 81 , and was again read to said City Council at a regular
meeting thereof held on the 18th day of May , 19 81 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
F
cia M. Wentworth CITY CLERK of the City of
Eng:jr; Beach and ex•of€ft Clerk o€ the City
ci,,#to neseby certify that a synopsis of this
nance *.as been published in the Huntington
Reach lnc:e;vndent on
, 19
In accordance w h the City Charter of said City.
City Clerk
.............._....................
Deputy City Clerk