HomeMy WebLinkAboutOrdinance #2937 ORDINANCE NO. 2937
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE
969 .6 AND ADDING NEW ARTICLE 940 ENTITLED "FLOODPLAIN
SUFFIX (-FP1, -FP2, -FP3 ) "
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. Article 969 .6 of the Huntington Beach
Ordinance Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 940 entitled "Floodplain
Suffix (-FP1, -FP2, -FP3) " to read as follows:
S. 9400 STATUTORY AUTHORITY. The legislature of the state of
California has in Government Code Sections 65302, 65560 and 65800
confe?'red upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare
of its citizenry. Therefore, the City Council has adopted the
provisions contained in this article.
S . 9400 .1 FINDINGS OF FACT. The flood hazards of the city of
Huntington Beach 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.
These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazard which increase flood
heights and velocities, and when inadequately anchored, damge uses
in other areas . Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the
flood loss .
S. 9400 .2 STATEMENT OF PURPOSE . The Floodplain suffix
regulations are intended to apply to all areas of special flood
hazard within the city. The Director is hereby appointed to
administer and implement this article by granting or denying
- 1 - 2937
building permit applications in accordance with its provisions. It
is the purpose of these regulations to promote the public health,
safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control
projects;
( c) Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
( d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
( f) 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) Insure that potential buyers are notified that particular
properties are within an area of special flood hazard;
(h) Insure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
S. 9400 .3 METHODS OF REDUCING FLOOD HAZARDS. In order to
accomplish these purposes, this article includes methods and
provisions for :
(a) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion harards,
or which result in damaging increases in erosion or 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 inital construction;
( c) Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accomodate 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.
2 - 2937
S. 9400 .4 ESTABLISHMENT OF AREAS. 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 Study for the City
of Huntington Beach," dated August 16, 1982 and an accompanying
Flood Insurance Rate Map dated February 16, 1983 are hereby
adopted by reference and declared to be a part of this article.
The Flood Insurance Study is on file in the office of the City
Clerk . The Flood Insurance Study is the minimum area of
applicablity of this article and may be supplemented by studies
for other areas which allow implementation of this article and
which are recommended to the City Council by the Director.
S. 9400 .5 AREAS DESIGNATED.
(a) -FP1 Area 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 district map.
(b) -FP2 Area 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 district map.
(c) -FP3 Area shall apply to areas shown as V or V1 through V30
on the Flood Insurance Rate Map, adopted by this article, and
shown as -FP3 on any district map.
S. 9400 .6 GENERAL PROVISIONS .
(a) Compliance. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full
compliance with the terms of this article and other applicable
regulations . Violations of the provisions of this article by
failure to comply with any of its requirements shall constitute a
misdemeanor ( including violations of conditions and safeguards
established in connection with approved projects) . Nothing herein
shall prevent the City Council from authorizing such lawful action
as is necessary to prevent or remedy any violation.
(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 restriction conflict
or overlap, whichever imposes the more stringent restrictions
shall prevail . The Flood Insurance Rate Map shall take precedence
over the district maps.
(c) Interpretation. In the interpretation and application of
this article, all provisions shall be considered as minimum
requirements, liberally construed in favor of the governing body,
and deemed neither to limit nor repeal any other powers granted
under state statutes .
- 3 - 2937
(d) Warning and Disclaimer of Liability. The degree of flood
protection required by this article 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 article does not imply that land outside the areas
of special flood hazard or uses permitted within such areas will
be free from flooding or flood damage. This article shall not
create liability on the part of the City, any officer or employee
thereof, or the Federal Insurance Administration, for any flood
damage that results from reliance on this article or any
administrative decision lawfully made thereunder.
S. 9400 .7 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. In the
event of conflicting provisions between those established for
the base district and those contained in this article, the
requirements of the -FP suffix shall take precedence .
(b) The -FP suffix 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 Director shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source. Any such
information shall be submitted to the City Council for
adoption.
S. 9400 .8 DIRECTOR--RESPONSIBILITIES. The duties and
responsibilities of the Director in enforcing the provisions of
this article shall include, but not be limited to:
(a) Reviewing building permits to determine that the permit
requirements of this article have been satisfied, that all
other required state and federal permits have been obtained,
and that the site is reasonably safe from flooding.
(b) Reviewing building permits to determine that the proposed
development does not adversely affect the carrying capacity
of the floodway. For purposes of this article, "adversely
affects" means that the cumulative effect of the proposed
- 4 - 2937
development when combined with all other existing and anticipated
development will increase the water surface elevation of the base
flood more than one ( 1) foot at any point.
(c) Making interpretations where needed as to the exact location
of the boundaries of areas of special flood hazard ( for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions) .
(d) Taking action to remedy violations of this article as
specified in Section 9400 .6 (a)
(e) Obtaining and maintaining for public inspection flood
insurance policy information concerning the certified
elevation for residential developments and subdivisions, and
the certification required for floor elevations, for
developments located in areas where shallow flooding is
likely to occur; for floodproofing of nonresidential
developments; for coastal high hazard areas; for anchoring of
manufactured homes; and for floodway encroachments .
(f ) Notifying adjacent communities and the California Department
of Water Resources prior to any alteration or relocation 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.
S. 9400 .9 PERMIT REVIEW. A building permit shall be obtained
before construction or development begins within any area of
special flood hazard. Application for building permit shall be
made on forms furnished by the Director 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, storage of
materials, and drainage facilities. Specifically, the following
information is required:
(a) Proposed elevation in relation to mean sea level, of the
lowest floor of all structures; in -FP2, 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 under Section 9400 .8
(e) .
(d) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development .
S. 9400 .10 -FP1 PERMITTED USES. The following uses are permitted
in an -FP1 suffix area.
_ 5 _ 2937
i
(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
permanent structures, landfill, storage of materials or
equipment, or stream alteration that would result in any
increase in flood levels within the regulatory floodway.
END OF THIS PAGE
5A - 2937
S. 9400 . 11 -FP1 CONDITIONAL USES . The following uses shall be
permitted in an -FP1 suffix area subject to approval of a
conditional use permit by the Planning Commission:
(a) Public utility facilities .
(b) Temporary structures which can be readily removed in the time
available after flood warning .
( c) Recreation areas, parks, campgrounds, playgrounds, riding and
hiking trails, parking lots, wildlife and natural preserves,
and similar open space uses that do not have substantial
permanent structures or improvements .
S . 9400 . 12 -FP1 PROHIBITED USES . The following uses are
specifically prohibited in an -FP1 suffix area:
(a) Landfills, excavations, improvements, developments, or
encroachments that will obstruct or create debris-catching
obstacles to passage of the design flood, or that cause a
cumulative 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 capability of the floodway, or otherwise
create a potential hazard to life or property resulting from
flood flows.
(b) All encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by a registered engineer or architect is
provided demonstrating that such encroachments will not
result in any increase in flood levels during the occurrence
of a base flood discharge.
(c) Permanent structures .
(d) Buildings used for habitation by human beings.
(e) Storage of substances or materials capable of floating which
could add to the debris load of a stream or watercourse .
(f) 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.
S. 9400 .13 -FP2 PERMITTED USES . The following uses are permitted
in an 7FP2 suffix area subject to approval of a building 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
preserved so that the permitted excavation area shall
continue to receive and release floodwaters in a manner equal
to the established norm prior to any excavation. Further,
- 6 - 2937
such excavations shall not create a potential hazard to adjacent
properties resulting from flood or erosion conditions.
(b) Landfills that do not encroach upon an area subject to -FP1
District regulations, do not cause floodwaters to be diverted
onto adjacent properties, are protected against erosion from
floodwaters, and 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 watercourse
improvements.
(c) New structures and improvements permitted by the base
district which comply with all applicable standards of
construction required.
(d) Manufactured homes when permitted by the base district which
comply with all applicable standards of construction required.
S. 9400 . 14 -FP2 PROHIBITED USES. The following uses are
specifically prohibited in an -FP2 suffix area:
(a) Landfills, excavations, improvements, developments, or
encroachments that will obstruct or create debris-catching
obstacles to passage of the design flood or that cause a
cumulative increase in the elevation of the design floodwater
profile by 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 .
(b) All uses not permitted by section 9430 . 13 .
S. 9400 .15 -FP2 STANDARDS OF CONSTRUCTION.
(a) Anchoring. 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.
(b) Construction Materials and Methods. All new construction and
substantial improvements shall use construction methods and
practices that minimize flood damage, and shall utilize
materials and utility equipment resistant to flood damage.
Adequate drainage paths around structures on slopes shall be
provided to guide flood waters around and away from proposed
structures.
( c) Elevation and Floodproofing: For the following requirements,
notification of compliance shall be submitted to the Director :
( 1) New construction and substantial improvement of any
structure shall have the lowest floor elevated at or
above the base flood elevation. Nonresidential
structures shall meet the specific requirements for such
structures contained in this section. Upon completion of
the structure, the elevation of the lowest floor shall be
certified by a registered engineer or surveyor.
- 7 - 2937
(2 ) New construction and substantial improvement of any
structure in Zone AO shall have the lowest floor
elevated above the highest adjacent grade at least as
high as the depth number specified on the FIRM, or at
least two (2 ) feet if no depth number is specified.
Upon completion of the structure, compliance with the
elevation requirements shall be certified by a
registered engineer or surveyor .
(3 ) Nonresidential construction shall either be elevated to
comply with subsection (c) ( 1) or (2 ) , or together with
attendant utility and sanitary facilities shall be
floodproofed so that the structure is watertight below
the base flood level and be capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy. Where a door or window is located below base
flood level, a registered engineer or architect shall
certify as to the structure 's floodproofing.
(4 ) All preliminary subdivision proposals shall identify the
flood hazard area, the elevation of the base flood, and
be consistent with the need to minimize flood damage.
All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
(5 ) All final subdivision plans shall provide the 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 .
(d) Standards for Utilities and Mechanical Equipment:
( 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 waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(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 designed and/or located so
as to prevent water from entering of accumulating within
the components during conditions of flooding.
(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.
(e) Standards for Manufactured Homes:
( 1) All new and replacement manufactured homes and additions
to manufactured homes shall be elevated on compacted
8 - 2937
fill or on pilings so that the lowest floor is at or above the
base flood elevation and shall be securely anchored to a perma-
nent foundation system to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited
to, use of over-the-top or frame ties to ground anchors. If
elevated on pilings the lots shall be large enough to permit
steps; the pilings shall be placed in stable soil no more than
ten feet apart; and reinforcement shall be provided for pilings
more than six feet above ground level .
This paragraph applies to manufactured homes to be
placed or suantially improved in an expansion to an
existing man factured home park or subdivision. This
paragraph does not apply to manufactured homes to be
placed or substantially improved in an existing
manufactured home park or subdivision except where the
repair, reconstruction, or improvement of the streets,
utilities and pads equals or exceeds 50 percent of the
value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced.
(2 ) The installer or state agency responsible for regulating
the placement, installation and anchoring of individual
manufac- tured homes shall furnish certification of
compliance with these standards to the Director .
S . 9400 . 16 -FP3 PERMITTED USES. All uses permitted in the base
district regulations which comply with the standards of
construction for -FP3 area are permitted subject to approval of a
building permit as provided by this article.
S. 9400 . 17 -FP3 PROHIBITED USES. The following uses are
specifically prohibited in an -FP3 suffix area:
(a) The placement of manufactured homes except in existing parks
or subdivisions.
(b) Man-made alteration of sand dunes which would increase
potential flood damage.
(c) All uses not permitted by section 9400 . 16 .
S. 9400 . 18 -FP3 STANDARDS OF CONSTRUCTION.
(a) All new construction shall be located on the landward side
of the reach of the mean high tide.
(b) Fill shall not be used for structural support of buildings.
( c) Construction Methods :
( 1) Elevation. All buildings or structures shall be
elevated so that the bottom of the lowest structural
member of the lowest floor is located no lower than the
base flood elevation level with all space below the
9 - 2937
lowest structural member open so as not to impede the flow of
water, except for breakaway walls as specified in (4 ) of this
subsection.
(2 ) Structural Support . All new construction and
substantial improvements shall be elevated on adequately
anchored pilings or columns so that the bottom of the
lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated at or
above the base flood elevation; and 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 compo- nents . Wind and
water loading values shall each have no more than a one
percent chance of being equaled or exceeded in any given
year (100-year mean recurrence interval) .
( 3 ) Certification. Compliance with subsections (c) ( 1) and
(2 ) of this section shall be certified by a registered
engineer or architect that the design and methods of
construction proposed conform to accepted standards of
practice. The Director shall obtain and maintain
records of 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.
(4 ) Space Below the Lowest Floor . All new construction and
substantial improvement shall have the space below the
lowest floor either free of obstruction or constructed
with non-supporting breakaway walls, open wood
lattice-work or insect screening intended to collapse
under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated
portion of the building or supporting foundation
system. Such space shall not be fully enclosed and
shall be used solely for parking of vehicles, building
access or storage.
All proposals for using space below the lowest floor
shall be certified by a registered engineer or
architect, or meet or exceed the following
requirements . 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
egipped with screens, louvers, valves or other coverings
or devices provided they permit the automatic entry and
exit of floodwaters
S . 9400 . 19 VARIANCES/APPEALS--GENERAL. The Planning Commission
shall hear and decide requests for variances from these
j - 10 - 2937
provisions, as well as requests for appeals when it is alleged
there is an error in any requirement, decision, or determination
made by the Director in the enforcement or administration of this
article.
(a) 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 base flood level, providing the
standards listed in this section are considered. As the lot
size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
(b) Variances may be granted for new construction and
substantial improvement and for other development necessary
for the conduct of a functionally dependent use provided
that the provisions of Section 9400 .20 are satisfied and
that the structure or other development is protected by
methods that minimize flood damage during the base flood and
create no additional threats to public safety.
(c) Any applicant to whom a variance is granted shall be
provided 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 commen- surate with the increased risk. A
copy of the notice shall be recorded by the Director in the
office of the Orange County Recorder and shall be recorded
in a manner so that it appears in the chain of title of the
affected parcel of land.
S . 9400 .20 VARIANCES/APPEALS--REQUIREMENTS. In reviewing
applications, the Commission shall consider all relevant factors,
including technical evaluations, this section, and other
standards specified in this article . After consideration of the
factors in this section, and the purposes of this code, the
Planning Commission may attach conditions to the granting of
variances as deemed necessary.
(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 succeptibilty 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 services provided to the community by
the proposed facility;
(e) The necessity of a waterfront location for the facility, if
applicable;
- 11 - 2937
(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 developments;
(h) The relationship of the proposed use to the comprehensive
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
W The cost of providing government services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electric and
water services, and streets and bridges .
S . 9400 .21 VARIANCES/APPEALS--FINDINGS. The Planning Commission
shall hear and decide all requests for variance, including
requests for functionally dependent uses, subject to the findings
listed below. Applications for variance shall be accompanied by
a processing fee as set by resolution of the City Council .
Variances shall only be granted upon a determination that the
deviation is the minimum necessary to afford relief considering
the flood hazard. The following findings shall be made by the
Planning Commission:
(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 .
Any person aggrieved by a decision of the Planning
Commission may appeal to the City Council . Applications for
appeal shall be accompanied by a processing fee., as set by
resolution of the City Council . The Director shall maintain the
records of all appeals and variance proceedings and shall report
any variance approval to the Federal Insurance Administration
upon request .
S . 9400 .22 DEFINITIONS. Except where the context clearly
indicates otherwise, the definitions given in this section shall
govern the provisions of this article.
- 12 - 2937
(1 ) Appeal : A request for review of the Director ' s
interpretation of any provision of this article, or a
request for a variance.
(2 ) Area of shallow flooding: 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
indeterminate; and velocity flow may be evident .
( 3) Area of special flood hazard: The land in the floodplain
within a community subject to a one 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.
(4 ) Base flood: A flood having a one percent chance of being
equaled or exceed in any given year (also called the
"100-year flood" ) .
(5 ) Basement: Any area of the building having its floor subgrade
(below ground level) on all sides.
(6 ) Breakaway wall : 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
designed to break away under abnormally high tides or wave
action 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 . A breakaway wall shall
have a safe design loading resistance of not less than 10
and no more than 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 a 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 a base flood
( 7) Coastal high hazard area: The area subject to high velocity
waters including, but not limited to, coastal and tidal
inundation or tsunamis . The area is designated on a FIRM as
Zone V and V1-V30 and as -FP3 in this article.
(8) Design flood: 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
13 - 2937
shall be either at the one-hundred-year-recurrence interval (base
flood) or the standard project flood.
(9) Development: Any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving
excavating or drilling operations.
(10 ) Existing manufactured home park or subdivision: A
manufactured home park or subdivision for which the
construction of facilities including utilities, final
grading or pouring of pads and the construction of streets
was completed before the effective date of the City' s
floodplain management regulations.
(11) Expansion to an existing manufactured home park or
subdivision: The preparation of additional manufactured
home sites in an existing manufactured home park or
subdivision beyond those that had been completed prior to
the effective date of the City' s floodplain management
regulations.
( 12 ) Flood or flooding: A general and temporary condition of
partial or complete inundation of normally dry land areas
from the over- flow of flood waters, and the unusual and
rapid accumulation of runoff of surface waters from any
source which are proximately caused or precipitated by
accumulation of water on or under the ground.
( 13 ) Flood Insurance Rate Map (FIRM) and Flood Boundary and
Floodway Map: The official maps on which the Federal
Insurance Adminis- tration has delineated the areas of
special flood hazard, the risk premium zones and the
floodways applicable to the community.
( 14) Flood Insurance Study: The "Flood Insurance Study for the
City of Huntington Beach, " prepared by the Federal Insurance
Administration, providing flood profiles, the FIRM, 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 .
( 15 ) Floodplain: Any land area susceptible to being inundated by
water from any source.
(16 ) Floodplain management: 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.
( 17 ) Floodplain management regulations: Zoning ordinances,
subdivision regulations, building codes, health regulations,
special purpose ordinances (such as floodplain ordinance,
grading ordinance and erosion control ordinance) and other
- 14 - 2937
applications of police power . The term describes such state or
local regulations in any combination therof, which provide
standards for the purpose of flood damage prevention and
reduction.
( 18 ) Floodproofing: Any combination of structural and
nonstructural additions, changes or adjustments to
nonresidential structures which reduce or eliminate flood
damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
( 19) Floodway: 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. The
floodway also may be that land area necessary for the
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.
(20 ) Functionally dependent use: 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 cargo or passengers, and ship
building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities .
(21) Highest adjacent grade: The highest natural elevation of
The ground surface next to the proposed walls of a structure
prior to construction.
(22 ) Lowest floor : 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 article.
(23 ) Manufactured home: A structure, transportable in one 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 also includes park trailers,
travel trailers, and other similar vehicles placed on a site
for greater than 180 conse- cutive days . For insurance
purposes, the term does not include park trailers, travel
trailers, and other similar vehicles.
(24 ) Manufactured home park or subdivision: A parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for sale or rent .
(25 )
- 15 - 2937
Mean sea level : For of the National Flood Insurance
purposes
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.
(26 ) New construction: Structures for which the "start of
construc- tion" commenced on or after the effective date of
the city's floodplain management regulations. (See
definition 30 ) .
( 27 ) Person: An individual or his agent, firm, partnership,
associa- tion or corporation, or agent of the aforementioned
groups, or this state or its agencies or political
subdivision.
(28) Remedy a violation: To bring the structure or other
development into compliance with state or local floodplain
management regulations, or, if not possible, to reduce the
impacts of noncompliance. Ways in which impacts may be
reduced include protecting the structure or other affected
development from flood damage, implementing the enforcement
provisions of the article or otherwise deterring future
similar violations, or reducing federal financial exposure
with regard to the structure or other development.
(29) Sand dunes : Naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
(30 ) Start of construction: ( for other than new construction or
substantial improvements under the Coastal Barrier Resources
Act (Pub. L. 97-348 ) 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.
( 31) Structure: A walled and roofed building, including a gas or
liquid storage tank, that is principally above ground, as
well as a manufactured home.
(32) Substantial improvement: Any repair, reconstruction, or
improve- ment of a structure, the cost of which equals or
�I
16 - 2937
exceeds 50 percent of the market value of the structure before
such repair, reconstruction, or improvement.
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.
This term does not, however, include:
( 1) Any improvement to 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
(2 ) Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
"Market Value" for a structure as used herein, shall be
determined by its replacement value according to valuation
figures in use by the Director prior to such repair,
reconstruction, or improvement . In the alternative, the
applicant may submit a report by a qualified real estate
appraiser.
END OF THIS PAGE
17 - 2937
"Cost" for a repair, reconstruction, or improvement project
as used herein, shall be determined by valuation figures in
use by the Director .
(33 ) Variance: A grant of relief from the requirements of this
article which permits construction in a manner which would
otherwise be prohibited.
( 34 ) Violation -: 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 article is
presumed to be in violation until such time as that
documentation is provided.
SECTION 3 . This ordinance shall take effect thirty (30 )
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 April , 1988 .
P •
I
LAO�V7ED
ATTEST: AS TO FORM:
City Clerk it Attorney .2 _4,_(�)16
REVIEWED AND APPROVED: ITIATED AND APPROVED:
City Administrator Director of
Gomunity Development
be
2937
- 18 -
Ord. No. 2937
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 4 t h day of April
1988 and was again read to said City Council at a regular
meeting thereof held on the 18 t h day of April , 19 88 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, Green , Finley , Erskine , Mays , Winchell , Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
None
�f- ci
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I n
I, Alicia h7. WP:dvxK1) CITY CLERK of the City of
Huntirgiun Beach and ex-officio Clerk of the City
Counci:, do he:eby certify that a synopsis of this
ord;r.ance has been published to the &4
on
In accor ance with the City Charter of said City.
4LlCIA M. wEATWOM.
...... '
.City Clerk
i
Deputy City C.erk
lerk
2937