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HomeMy WebLinkAboutOrdinance #2604 ORDINANCE NO. 2604 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 969 . 6 RELATING TO FLOODPLAIN DISTRICTS WHEREAS, each city is required by the Federal government to provide guidelines and regulations governing flood-prone areas within its boundaries , such guidelines and regulations to be effective February 16, 1983; and This Council finds that the possibility of flooding in cer- tain areas of the city of Huntington Beach presents a real threat to the public peace, health and safety of its residents, NOW, THEREFORE, 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 Article 969 . 6 to read as follows : 969 . 6. 0. PURPOSE AND INTENT. Floodplain district regula- tions are intended to be applied to any area of the city which under present conditions is subject to periodic flooding and ac- companying 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, substantial or other improvements or development that would obstruct the flow of floodwaters within a floodway. (d) To regulate and control uses below the elevation of the design flood flow within the remainder of the floodplain. (e) To comply with the Cobey-Alquist Floodplain Management ahb 1/5/83 1. 5 votes Act requirements for floodplain management regulations . 969 . 6. 1. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Huntington Beach," dated August 16, 1982, with an accompanying Flood Insurance Rate Map is hereby adopted by reference and de- clared to be a part of this article. The Flood Insurance Study is on file in the office of the City Clerk, 2000 Main Street , Huntington Beach, California 92648. 969 . 6. 2. ESTABLISHMENT OF ADDITIONAL REQUIREMENTS FOR DEVELOPMENT PERMIT. A development permit shall be obtained be- fore construction or development begins within any area of special flood hazard established in this article. Application for a development permit shall be made on forms furnished by the Director of Development Services and may include, but are not limited to, plans in duplicate scale showing the nature, loca tion, dimensions and elevation of the area in question; existing or proposed structures , fill, storage of materials, drainage facilities; and the location of the foregoing. 969 . 6. 3. GENERAL PROVISIONS. (a) Compliance. No struc- ture or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations . (b ) Abrogation and Greater Restrictions. This article is not intended to repeal, abrogate , or impair any existing easements, covenants, or deed restrictions . However, where this article or another article, easement, covenant, or deed restric- tion conflict or overlap, whichever imposes the more stringent restrictions shall prevail. The Flood Insurance Rate Map shall take precedence over the zoning district maps . ( c) Interpretation. In the interpretation and application of this article, 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 statutes . (d) Warning and Disclaimer of Liability. The degree of flood protection required by this article is considered reason- able 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 I 2 . natural causes . This article 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 article shall not create liability on the part of the City of Huntington Beach, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. 969 . 6. 4 . DEFINITIONS. Except where the context otherwise re- quires , the definitions given in this section shall govern the construction of this article. (a) Appeal means a request for a review of the Director of Development Services interpretation of any provision of this article. (b) Area of shallow flooding means a designated AO or VO zone on the Flood Insurance Rate Map (FIRM) . The base flood depths range from one to three feet, a clearly-defined channel does not exist; the path of flooding is unpredictable and inde- terminate; and velocity flow may be evident . (c ) Area of special flood hazard means the land in the flood- plain within a community subject to a 1 percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, Al-30, VO, and V1-30 on the FIRM. (d) Base flood shall mean a flood having a 1 percent chance of being equalled or exceeded in any given year. (e) Breakaway wall means any type of wall, 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 so designed as to break away under abnormally high tides or wave ac- tion without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. (f) Coastal high hazard area means the area subject to high velocity waters including, but not limited to, hurricane wave wash or tsunamis . The area is designated on a FIRM as Zone V and V1-30. (g) Design flood means a flood against which protection is provided by means of land use regulation, flood protective 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) 3. i the standard project flood. (h) Development means any man-made change to improved or un- improved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, ex- cavating or drilling operations located within the area of special flood hazard. (i) Existing mobilehome park or mobilehome subdivision means a parcel (or contiguous parcels) of land divided into two or more mobilehome lots for rent or sale for which the construc- tion of facilities for servicing the lot on which the mobilehome is to be affixed (including the installation of utilities , either final site grading or pouring of concrete pads, or the construc- tion of streets) are complete before the effective date of this article. (j ) Expansion of existing mobilehome park or mobilehome subdivision means the preparation of additional sites by the con- struction of facilities for servicing the lots on which the mobile- homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads , or the construction of streets ) . (k) Flood means 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 accumulation of water on or under the ground. (1) Flood hazard area means 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 (FIRM) or flood boundary and floodway map . (m) Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map means 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 com- munity. (n) Flood Insurance Study means the "Flood Insurance Study for the City of Huntington Beach," prepared by the Federal 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 . (o) Floodplain shall mean the land area adjacent to a water- course and other land areas susceptible to being inundated by a 4 . design flood. (p) Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property. (q) Flood-related erosion means a condition that exists in conjunction with flooding that alters the composition of the shoreline or bank of a watercourse, and increases the possi- bility of loss due to the erosion of the land area adjacent to the shoreline or watercourse. (r) Floodway means the channel of a river or other water- course 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 that construction of physical works , including the lands necessary for construction of project levees , for the conveyance of the design flood discharge for an authorized federal flood control project. (s) Habitable floor means any floor usable for living pur- poses , including working, sleeping, eating, cooking, recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor. " (t) New construction means structures for which concrete slab has not been poured on or before the effective date of this article. (u) New mobilehome 2ark or mobilehome subdivision means a parcel (or contiguous parcels ) of land divided into two or more mobilehome lots for rent or sale for which the construction of facilities or servicing the lots (including, at a minimum, the installation of utilities , either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this article. (v) Start of construction means the first placement of per- manent construction of a structure (other than a mobilehome) on a site such as the pouring of slabs or footings or any work be- yond the stage of excavation. 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 part of the main structure. For a structure (other than a mobilehome) without a basement or poured 5. footing, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobilehomes not within a mobilehome park or mobilehome subdivision,, "start of construction" means the affixing of the mobilehome to its permanent site. For mobile- homes within mobilehome parks or mobilehome subdivisions, "start of construction" means the date on which the construction of fa- cilities for servicing the site on which the mobieehome is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. (w) Structure means anything constructed or erected re- quiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character. For floodplain manage- ment purposes, "structure" means a walled and roofed building, in- cluding a gas or liquid storage tank that is principally above- ground, and includes a mobilehome. (x) Substantial improvement means any repair, reconstruc- tion, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (.1) Before the improvement or repair is started; or (2 ) Before restoration of a structure to which damage has occurred. For the purpose of this definition, "sub- stantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences whether that alteration affects the external dimensions of the structure or not . This term does not, however, include: (1) Any project for improvement of a structure to com- ply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places . "Market value, " as used herein, shall be the value determined by the Director of Development Services by reference to the latest Orange County Assessment Rolls, by a real estate appraiser secured at the applicant ' s cost, or by reference to any other source deemed reliable by the Director of Development Services . 6. (y) Variance means a grant of relief from the requirements of this article which permits construction in a manner which would be otherwise prohibited under its provisions . 969 . 6. 5. APPLICATION. (a) In any base district where the district symbol is followed by the suffix -FP, the additional re- quirements, 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 dis- trict . " 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) The -FP combining district shall be applied to all floodway, floodplain, flood hazard areas, and coastal high hazard areas identified, mapped and designated based upon: (1) The Flood Insurance Rate Maps (FIRMS) 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; or (2) The design flood, as determined from engineering studies approved by the City Council. (c) If the Federal Insurance Administration has not provided base flood elevations , the City of Huntington Beach shall use base flood elevation data from other available sources . (d) Where the floodplain 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. 6. ADMINISTRATION. The Director of Development Services is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions. 969 . 6. 7. PERMIT REVIEW. The Director of Development Services shall review all development permits to determine that the re- quirements of this article have been satisfied, that the site is reasonably safe from flooding, and to determine whether the proposed development will adversely affect the flood-carrying capacity of the area of special flood hazard. For purposes of this article, "adversely affects" means that the cumulative effect of the pro- posed development when combined with all other existing and an- ticipated development will not increase the water surface eleva- 7. tion of the base flood more than one (1) foot at any point . When base flood elevation data has not been provided as re- quired by this article, the director shall obtain, review, and reasonably utilize any base flood elevation data from a federal, state or other available source in order to administer and imple- ment this article. 969 . 6. 8. CERTIFICATION INFORMATION. The Director of Development Services shall obtain and maintain for public in- spection and flood insurance policies information concerning the following types of certification: (a) The certified elevation required for residential developments ; (b ) The certification required for developments located in areas where shallow flooding is likely to occur; (c) The certification required for floodproofing of non- residential developments; (d) The certified elevation required for subdivisions ; (e) The certification required for coastal high hazard areas; and (f) The certification required for anchoring mobilehomes. 969. 6. 9 . WATERCOURSES. The Director of Development Services shall notify adjacent communities and the California Department of Water Resources prior to any alteration or relo- cation of a watercourse, and evidence of such notification shall be submitted to the Federal Insurance Administration. The Director shall further insure that the flood-carrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. 969. 6. 10. -FP1, -FP2 AND -FP3 AREAS DESIGNATED. (a) -FP1 Area. -FP1 shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan, as identified in the United States Army Corps of Engineers ' Phase 1 General Design Memorandum, and shown as -FP1 on any zoning district map adopted by the City Council. (b) -FP2 Area. -FP2 shall apply to areas shown as A, Al through A30, AO and AH on the Flood Insurance Rate Map, adopted by this article, and shown as -FP2 on any zoning district map adopted by the City Council . (c) -FP3 Area. -FP3 shall apply to areas shown as V or Vl through V30 on the Flood Insurance Rate Map, adopted by this article, and shown as -FP3 on any zoning district map adopted by the City Council. 8. 969 . 6.11. -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. 969 . 6.12. -FP1 USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses shall be permitted in an -FP1 combining district subject to approval of a conditional use permit : (a) Public utility facilities; (b ) Temporary structures which can be readily removed in the time available after flood warning; and (c) Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails, parking lots, wildlife and natural pre- serves , and similar open space uses without permanent structures or improvements . 969 . 6.13. -FP1 USES PROHIBITED. The following uses are specifically prohibited in an -FP1 combining district : (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 . 9 . 969 . 6. 14. -FP2 USES PERMITTED. The following uses are per- mitted in an -FP2 combining district subject to approval of a development permit as provided by this article : (a) Excavation and removal of rock, sand, gravel and other materials , providing that the integrity of the watercourse is pre- served so that the permitted excavation area shall continue to receive and release floodwaters in a manner equal to the estab- lished norm prior to any excavation. Further, such excavations shall not create a potential hazard to adjacent properties re- sulting from flood or erosion conditions. (b) Landfills that do not encroach upon an area subject to -FP1 District regulations, that do not cause floodwaters to be diverted onto adjacent properties , that are protected against erosion from floodwaters, and that do not increase the elevation of the design flood by more than one (1) foot at any point, or that can fully provide for the design flood by means of water- course improvements . (c) New structures and improvements permitted by the base zoning district which comply with the standards of construction for an -FP2 area. (d) Mobilehomes when permitted by the base district and which comply with the standards of construction for such mobile- homes located in an -FP2 area. 969 . 6. 15. -FP2 USES PROHIBITED. The following uses are specifically prohibited in an -FP2 combining district : (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 cumulative increase in the elevation of the design floodwater profile more than one (1) foot at any point or that will tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to life or property resulting from flood flows within an -FP2 combining district . (b ) All uses not permitted by section 969 . 6.14 . 969. 6. 16. -FP3 USES PERMITTED. All uses permitted in the base zoning district regulations which comply with the standards of construction for -FP3 areas are permitted in an -FP3 com- bining district subject to approval of a development permit , as provided by this article. 969 . 6. 17. -FP3 USES PROHIBITED. All uses not permitted by section 969 . 6.16 are prohibited in an -FP3 combining district . I 10. 969 . 6.18. STANDARDS OF CONSTRUCTION FOR THE -FP1 AREA. All encroachments, including fill, new construction, substantial im- provements, and other development is hereby prohibited unless cer- tification by a registered engineer or architect is provided dem- onstrating that such encroachments , including fill, new construc- tion, substantial improvements, and other development will not result in any increase in flood levels during the occurrence of a base flood discharge. 969. 6. 19. STANDARDS OF CONSTRUCTION FOR THE -FP2 AREA. (a) Anchoring: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral move- ment of the structure . (2) All mobilehomes shall meet the anchoring stand- ards required for mobilehomes, mobilehome parks and subdivisions contained in this article. (b ) Construction Materials and Methods : (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resis- tant to flood damage . (2) All new construction and substantial improvements shall use methods and practices that minimize flood damage . (3) All elements that function as a part of the struc- ture such as furnaces , hot water heaters, air conditioners, etc. shall be elevated to or above the base flood elevation or depth number specified on the FIRM. (c) Elevation and Floodproofing: (1) New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Non- residential structures shall meet the specific requirements for such structures contained in this article. Upon completion of the structure, the elevation of the lowest habitable floor, in- cluding basement, shall be certified by a registered engineer or surveyor, or verified by the local building inspector that elevation requirements have been met. Notification of com- pliance shall be recorded by the Director of Development Services . (2) New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated to or above the depth number specified on 11. the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated to a depth of one (1) foot above the highest adjacent grade. Nonresidential structures shall meet the standards for such structures contained in this article. Upon completion of the structure, compliance with the elevation requirement shall be certified by a registered engineer or surveyor, or verified by the local building inspector. Notifi- cation of compliance shall be recorded by the Director of Development Services . ( 3) Nonresidential construction shall either be ele- vated to comply with subsection (c) (1) or (c) (2) of this section, or together with attendant utility and sanitary facilities (i) Shall be floodproofed so that below the base flood level the structure is watertight with walls sub- stantially impermeable to the passage of water; (ii) Shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (iii) Shall be certified by a registered engineer or architect that the standards of this subsection are satisfied. Such certifications shall be furnished the Director of Development Services as required by this article. (4) Mobilehomes shall meet the above standards as well as those prescribed for mobilehomes, mobilehome parks and subdi- visions contained in this article. (5) Structures in coastal high hazard areas shall meet the standards established by this article for such structures. (d) Standards for Utilities : (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infil- tration of flood waters into the system and discharge from systems into flood waters . (2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (e) Standards for Subdivisions : (1) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (2) All final subdivision plans shall provide the 12. I, elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered engineer or surveyor and furnished to the Director of Development Services as required by this article . (3) All subdivision proposals shall be consistent with the need to minimize flood damage; and (4) All subdivision proposals shall have public utili- ties and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage . (f) Standards for Mobilehomes, Mobilehome Parks and Sub- divisions : (1) All mobilehomes and additions to mobilehomes shall be anchored to resist flotation, collapse, or lateral movement by one of the following methods : (i) By providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and uplift forces of 9 pounds per square foot ; or (ii) By anchoring the unit ' s system to comply with the Department of Housing and Development ' s Mobilehome Construction and Safety Standards . (2) The installer or state agency responsible for regulating the placement, installation and anchoring of individual mobilehome units shall furnish certification of compliance with the above standards to the Director of Development Services . (3) The following standards are required for (a) mobile- homes not placed in mobilehome parks or subdivisions; (b) new mobilehome parks or subdivisions; (c) expansions to existing mobilehome parks or subdivisions; and (d) repair, reconstruction, or improvements to existing mobilehome parks or subdivisions that equal or exceed 50 percent of the value of the streets, utili- ties and pads before the repair, reconstruction or improvement com- menced: (i) Adequate surface drainage and access for a hauler shall be provided. (ii) All mobilehomes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the mobilehome is at or above the base flood level. If elevated on pilings : i (aa) The lots shall be large enough to permit 13. steps; (bb ) The pilings shall be placed in stable soil no more than ten feet apart; and (cc ) Reinforcement shall be provided for pilings more than six feet above the ground level . (4) Certification of compliance is required of the developer responsible for the plan, or state agency responsible for regu- lating mobilehome placement . 969 . 6. 20. STANDARDS OF CONSTRUCTION FOR THE -FP3 AREA. (a) Location of Structures: (1) All buildings or structures shall be located land- ward of reach of the mean high tide. (2) The placement of mobilehomes shall be prohibited except in an existing mobilehome park or mobilehome subdivision. (b ) Construction Methods : (1) Elevation. All buildings or strucxures shall be elevated so that the lowest supporting member is located no lower than the base flood elevation level with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as specified in this section. (2) Structural Support . (i) All buildings or structures shall be securely anchored on pilings or columns . (ii) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (iii) There shall be no fill used for structural support . (3) Certification. Compliance with subsections (b )( 1) and (b ) (2) of this section shall be certified by a registered engineer or architect and such certification furnished to the Director of Development Services as required by this article. (4) Space Below the Lowest Floor. (i) Any alteration, repair, reconstruction or im- 14 . provement to a structure started after the enactment of this article, shall not enclose the space below the lowest floor unless breakaway walls are used as specified in this section. (ii) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (iii) If breakaway walls are utilized, such en- closed space shall not be used for human habitation. 969 . 6. 21. VARIANCE PROCEDURE. The Planning Commission shall hear and decide all requests for variance. A variance may 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, and will not create a nui- sance, cause fraud or victimize the public, or conflict with ex- isting local laws or ordinances . All applications for a variance shall be accompanied by a fee, established by resolution of the City Council, to cover ad- ministrative costs . Only the absolute minimal variance shall be granted and vari- ances shall only be granted to the extent necessary. Any appli- cant to whom a variance is granted shall be given written notice that the cost of flood insurance will be commensurate with the in- creased risk resulting from such variance. 969 . 6. 22. APPEALS . The Planning Commission shall hear and decide appeals from any decision of the Director of Development Services pursuant to provisions of this code. Any person ag- grieved by a decision of the Planning Commission may appeal to the City Council. Appeals shall be accompanied by a processing fee established by resolution of the City Council. 969 . 6. 23. RECORDS. The Director of Development Services shall maintain the records of all appeals and variance proceedings and shall report any variance to the Federal Insurance Administration upon request. 15. i II SECTION 2. This is an urgency measure necessary for the pres- ervation of the public peace, health and safety and shall take effect upon adoption. The City Council finds that the possibility of flooding in certain areas of the city of Huntington Beach pre- sents a real threat to the public peace, safety and welfare of its citizens, and pursuant to directive of the Federal government, adopts these guidelines and regulations to meet an effective date of February 16, 1983. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of January, 1983. I 4�'a Va. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Att ney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administra or hector of Development Services ' 16. Emergency Ord. No. 2604 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting 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 foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of January 19 83 and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Pattinson, MacAllister, Mandic, Finley, Bailey, 'Kelly NOES: Councilmen: None ABSENT: Councilmen: Thomas jxpa City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CITY CLERK of the City{of Huntinglz;n Beach and ex-officio Clerk of the City Council, do he.eby certify that a synopsis of this ordinance `as teen pukhEheci its the liuntington Reach ,:,.C,.e_'e, In a^^T+* cc "h ti e City Chart . of aid C:ty. AUCIA M. WENTWORTH ....... ..,.................... ......... I■P �r City Clerk Deputy City Cltfk