HomeMy WebLinkAboutOrdinance #3643 F
Ord 3643
ORDINANCE NO. 3643
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 222 OF THE HUNTINGTON BEAC
ZONING AND SUBDIVISION ORDINANCE ENTITLED
FP FLOODPLAIN OVERLAY DISTRICT
The City Council of the City of Huntington Beach does hereby o ain as follows:
SECTION 1. Chapter 222 of the Huntington Beach Zoning d Subdivision Ordinance
is hereby amended to read as follows:
A
e.
Sections:
222.02 Floodplain Overlay District Establi ed
222.04 Zoning Map Designator; Establis ent of Hazard Areas
222.06 Definitions
222.08 Methods of Reducing Flood H zards
222.10 General Provisions
222.12 Land Use Controls
222.14 Development Standards d Standards of Construction
222.16 Variances/Appeals
222.02 Floodplain Overlay Di rict Established
The FP Floodplain Overlay Dist ct is established and applies to all areas of special flood
hazard within the City. If not c ntrolled, periodic inundation results in loss of life and
property, health and safety h ards, disruption of commerce and government services,
extraordinary public expend' ures for flood protection and relief, and impairment of the tax
base, all of which adversel 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 fl od heights and velocities, and when inadequately anchored,
damage uses in other a as. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood amage also contribute to the flood loss.
222.04 Zoni Map Designators; Establishment of Hazard Areas
A. The ar as of special flood hazard identified by the Federal Emergency Management
Age y(FEMA) in the Flood Insurance Study for the City of Huntington Beach
dat_d August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM)
dated February 16, 1983 (revised September 16, 1989) and the Orange County,
County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or
amendments are hereby adopted by reference and declared to beta part of this - ;
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Ord 3643
chapter. FEMA's most recent FIRM and flood insurance study(on file with the
Director) may be supplemented by studies for other areas which allow
implementation of this chapter and which are recommended to the City Council by
the Director.
B. Three subdistricts of the FP Overlay District are designated for purposes of flood
hazard provisions.
1. -FP1 Subdistrict shall apply to that area designated as a floodway or
right-of-way necessary for implementation of the Santa Ana River Channel Plan
by the U.S. Army Corps of Engineers.
2. -FP2 Subdistrict shall apply to FIRM areas A, AE, AO, and AH and any other
area determined by the Director to be subject to similar flood hazards.
3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area
determined by the Director to be subject to similar flood hazard.
C. The -FP District boundaries shall be delineated on the Zoning Map by adding a
"-FP" designator to the base district designator for the area affected,followed by the
appropriate subdistrict designation (1, 2, or 3).
222.06 Definitions
Except where the context clearly indicates otherwise, the definitions given in this section
shall govern the provisions of this chapter.
A. Appeal. A request for review of the Director's interpretation of any provision of this
chapter, or a request for a variance.
B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance
Rate Map (FIRM) prepared by the Federal Emergency Management Agency
(FEMA). 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.
C. Area of special flood hazard. The land in the floodplain 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, AE, V, and VE on the FIRM.
D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any
given year (also called the 100-year flood).
E. Basement. Any area of a building having its floor subgrade on all sides.
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F. Breakaway wall. Any type of wall,whether solid or lattice, and wh er
constructed of concrete„.masonry, wood, metal,plastic, or any of r suitable
building material which is not part of the structural support of t e building and
which is designed to break away under abnormally high tides r wave action
without damage to the structural integrity of the building o hich 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 1 0 nd no more than 20
pounds per square foot. Use of breakaway walls must a certified by a
California-registered engineer or architect and shall eet 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 s 11 not incur any structural damage due to
the effects of wind and water loads ting simultaneously in the event of a base
flood.
G. Coastal high hazard area. The area ubject to high velocity waters including, but
not limited to, coastal and tidal in dction or tsunamis. The area is designated on a
FIRM as Zone V and VE and as P3 in this Chapter.
H. Development. Any man-ma change to improved or unimproved real estate,
including but not limited to uildings or other structures, mining, dredging, filling,
grading, paving, excavatin , or drilling operations.
I. Existing manufactured ome park or subdivision. A manufactured home park or
subdivision for wXanth�e
e construction of facilities including utilities, final grading
or paving of pad construction of streets was completed before the effective
date of the City'sain management regulation.
J. Ex ansion to anmanufactured home park or subdivision. The preparation
of additional mqLfactured home sites in an existing manufactured home park or
subdivision be and those that had been completed prior to the effective date of the
provision=sg.
chapter.
K. Flood or A general and temporary condition of partial or complete
inundatioA of normally dry land areas from the overflow of inland or tidal waters;
the unu al and rapid accumulation of runoff of surface waters from any source;
mudsl' es; and condition resulting from flood-related erosion.
L. Flo d Insurance Rate Ma FIRM and Flood Boundqa and Floodwa Ma . The
of cial maps on which areas of special flood hazard, the risk premium zones and
t e floodway applicable to the community are delineated.
M. _Flood Insurance Study. The "Flood Insurance Study for the City of Huntington
Beach," prepared by the Federal Insurance Administration (FIA), providing flood
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profiles,the Flood Insurance Rate Maps,the Flood Boundary and Floodway Maps
and the water surface elevations of the base flood.
N. Floodplain. Any land area susceptible to being inundated by water from any source.
O. 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
control.
P. Floodplain management regulations. Zoning and subdivision ordinances, building
codes, health regulations, special purpose ordinances (such as floodplain, grading
and erosion control) and other applications of police power. This term describes
federal, state or local regulations in any combination thereof which provide
standards for the purpose of preventing and reducing flood damage and loss.
Q. 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.
R. 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 1 foot.
S. Functionally dependent use. A use which cannot perform its intended purposes
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.
T. Highest adjacent grade. The highest natural elevation of the ground surface next to
the proposed walls of a structure prior to construction.
U. Lowest Floor. The lowest floor of the lowest enclosed area(including basement).
An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles,
building access or storage in an area other than a basement area, is not considered a
building's lowest floor provided that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this
chapter.
V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to
which base flood elevations shown on the FIRM are referenced.
W. New construction. Structures for which the "start of construction" commenced on
or after the effective date of the City's floodplain management control (February 16,
1983).
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X. Sand dunes. Naturally occurring accumulations of sand in ridges or moun
landward of the beach.
Y. Start of construction. The date the building permit was issued, prov' ed the actual
start of construction, repair,reconstruction, placement, or other i rovement was
within 180 days of the permit date. The actual start means eithe the first placement
of permanent construction of a structure on a site, such as the uring of slab or
footings, the installation of piles, the construction of colum , or any work beyond
the stage of excavation; or the placement of a manufacture home on a foundation.
Permanent construction does not include land preparatio such as clearing, grading,
and filling; or does it include the installation of streets d/or walkways; or does it
include excavation for a basement, footings,piers, or oundations of the erection of
temporary forms; or does it include the installation n the property of accessory
buildings, such as garages or sheds not occupied dwelling units or not part of the
main structure.
Z. Substantial damage. Damage of any origin s stained by a structure whereby the
cost of restoring the structure to the conditi existing before damage would equal
or exceed 50 percent of the market value fore the damage occurred.
AA. Substantial improvement. Any repair, econstruction, or improvement of a
structure, the cost of which equals or xceeds 50 percent of the market value of the
structure before such repair, reconst ction, or improvement. This term includes
structures which have i=does
ed "su stantial damage,"regardless of the actual repair
work performed. This ot,however, include: (3265-7/95,3334-6/97)
1. Any improvement /se
lure to comply with existing state or local health,
sanitary, or safety cications which are solely necessary to ensure safe
living conditions; o
2. Any alteration of asted on the National Register of Historic Places or
a State Inventory olaces that will not preclude the structure's
continued design a on. (3285-7/95,3334-6/97)
"Market value" f a structure, as used herein, shall be the replacement cost as
determined by is replacement value according to the valuation figures in use by
the Director rior to such repair, reconstruction, or improvement. In the
alternative, e applicant may submit a report by a qualified real estate appraiser
which ind' ates the "replacement cost" of the structure. (3285-7/95,3334-6/97)
"Cost" f r a repair, reconstruction, or improvement project, as used herein, shall
be del ined by valuation figures in use by the Director.
BB. Varian e: A grant of relief from the requirements of this chapter which permits
const ction in a manner which would otherwise be prohibited. (3285-7/95,3334-6/97)
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Ord.3643
222.08 Methods of Reducing Flood Hazards
Methods and provisions for reducing flood hazard include:
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
flood heights or velocities;
B. Requiring that uses and structures vulnerable to floods be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplain, 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;
E. Preventing or regulating the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas; and
F. Any methods and provisions for reducing flood hazard within the coastal zone shall
be consistent with the Coastal Conservation District.
222.10 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 chapter and
other applicable provisions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this
chapter or another chapter, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
B. 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. As a consequence, floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood
damage. This chapter shall not create liability on the part of the incidental parcels
which do not front a sandy beach, which have bulkheads and are not adjacent to
recreation or public use areas and other existing or proposed lateral or vertical
easements, or when development is proposed on an existing subdivided
single-family residential lot between developed residential parcels.
C. Director -- Responsibilities. The duties and responsibilities of the Director in
enforcing the provisions of this chapter shall include, but not be limited to:
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1. Reviewing building permits to determine that the permit requirements f this
chapter have been satisfied, that all other required state and federal rmits have
been obtained, and that the site is reasonably safe from flooding.
2. Reviewing building permits to determine that the proposed d elopment, when
considered with all other existing and anticipated developm nt, will not increase
the water surface elevation of the base flood more than 1 of at any point.
3. Making interpretations where needed as to the exact 1 ation of the boundaries
of areas of special flood hazard.
4. Obtaining and maintaining for public inspection ood insurance policy
information concerning the certified elevation r residential developments and
subdivisions, and the certification required fo floor elevations, for
developments located in areas where shallo flooding is likely to occur; for
floodproofing of nonresidential developm ts; for coastal high hazard areas; for
anchoring of manufactured homes; and f r floodway encroachments.
5. Notifying adjacent communities and r sponsible staff and federal agencies prior
to any alteration or relocation of a w tercourse. The Director shall further
ensure that the flood-carrying cap ity is maintained for any watercourse, or
portion thereof, which has been ered or relocated.
6. Taking action to remedy viola ons of this chapter as provided in Chapter 249.
D. Building Permit Review. Application for building permit shall include:
l. Proposed elevations in r ation to mean sea level, of the lowest floor of all
structures; in -FP2, ele ation of highest adjacent grade and proposed elevation
of lowest floor of all ructures;
2. Proposed elevatio in relation to mean sea level and the FIRM design flood to
which any struct e will be floodproofed; and
3. A description the extent to which any watercourse will be altered or relocated
as a result of roposed development.
4. All approp iate certifications required in Section 222.14.
222.12 Land se Controls
A. -FPl Su district
1. P rmitted Uses
a. Flood control channels, levees, spreading grounds and basins, roads, bridges
and storm drains.
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b. Agricultural uses 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.
2. Uses Requiring a Conditional Use Permit from the Zoning Administrator
a. Minor Utilities.
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.
3. Uses Requiring a Conditional Use Permit from the Planning Commission
a. Major utilities.
4. Prohibited Uses
a. Landfills, excavations, improvements, developments, or encroachments that
will obstruct waterflow, cause any cumulative increase in the elevation of
the design flood water profile by more than one (1) foot at any point, tend to
broaden direct flood flows out of the floodway, 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 a California-registered civil
engineer demonstrates to the satisfaction of the Director that such
encroachments will not result in any increase in flood levels within the
floodway.
c. Permanent structures.
d. Storage of substances or materials capable of floating which could add to the
debris load of a flood.
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.
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B. -FP2 Subdistrict
1. Permitted Uses
a. Excavation and removal of rock, sand gravel, and other aterials,providing
that the flood-carrying capacity of the watercourse is reserved and the
excavation area is designed to receive and release odwaters, and such
excavations will not create a potential hazard to a acent properties resulting
from flood or erosion conditions.
b. Landfills that do not cause floodwaters to be diverted onto adjacent
properties, are protected against erosion fr floodwaters, and do not
increase the elevation of the design floo y more than one (1) foot at any
point, or that can fully provide for the sign flood by means of watercourse
improvements.
c. New structures and improvements ermitted by the base district or allowed
with a conditional use permit in uding manufactured homes, which comply
with the applicable standards o construction of this chapter.
2. Prohibited Uses
a. Landfills, excavations, i provements, developments, or encroachments that
will obstruct waterflow cause a cumulative increase in the elevation of the
design floodwater pr ile by more than 1 foot at any point, tend to broaden
or direct flood flow out of the natural floodplain, or otherwise cause a
potential hazard to ife or property resulting from flood flows.
C. -FP3 Subdistrict
All uses permitted o conditionally permitted in the base district with which the
-FP3 district is co bined are permitted subject to approval of a building permit and
compliance with e standards of construction of this chapter, except for the
following uses hich are prohibited:
1. The plac ment of manufactured homes except in existing parks or subdivisions.
2. Man- ade alteration of sand dunes which would increase potential flood
dam ge.
3. F' 1 used for structural support of buildings.
222.14 Development Standards and Standards of Construction
Devel pment standards for the -FP Overlay District shall be specified by a conditional use
perm; or shall be those of the base district with which the -FP district is combined,
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provided that the following standards of construction shall apply in the -FP2 and -FP3
subdistricts.
A. -FP2 Standards of Construction.
1. 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. All manufactured homes shall comply with the anchoring standards
of Section 222.14A5.
2. 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.
3. Elevation and F000dproofing.
a. New residential construction and substantial improvement of any residential
structure shall have the lowest floor including basement elevated one foot
above the base flood elevation except:
1. In an AO zone the lowest floor including basement shall be elevated one
foot above the highest adjacent grade to a height exceeding the depth
number on the FIRM by one foot or at least three (3) feet if no depth
number is specified, and
2. In an A zone, the lowest floor including basement shall be elevated one foot
above the base flood elevation as determined by the City. (3285-7/95,3334-6/97)
Upon completion of the structure, the elevation of the lowest floor including
basement shall be certified by a California-registered architect, engineer, or
surveyor. The elevation certificate shall be submitted to the Director.
b. Nonresidential construction shall be either elevated to comply with subsection 3a
or together with attendant utility and sanitary facilities be floodproofed below the
level stated in subsection 3a so that the structure is watertight with walls
substantially impermeable to the passage of water and be capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing
certificate shall be completed and certified by a California registered engineer or
architect and submitted to the Director.
c. Space Below the Lowest Floor. All new construction and substantial
improvement with fully enclosed areas below the lowest floor(excluding
basements) that are usable solely for parking of vehicles, building access or
storage, and which are subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and
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exit of floodwater. All proposals for using space below the low t floor shall
exceed the following requirements:
(1) Be certified by a California registered engineer or arch' ect; or
(2) Be certified to comply with a local floodproofing s dard approved by the
Federal Insurance Administration, Federal Emer ncy Management Agency,
or
(3) Have a minimum of two openings having a t tal net area of not less than one
square inch for every square foot of enclos d area subject to flooding shall be
provided. The bottom of all openings sh be no higher than one foot above
grade. Openings may be equipped with creens, louvers, valves or other
coverings or devices provided they pe it the automatic entry and exit of
floodwaters.
d. All preliminary development propos s shall identify the flood hazard area,the
elevation of the base flood, and be nsistent with the need to minimize flood
damage. All developments shall p ovide adequate drainage to reduce exposure to
flood hazards.
e. All final subdivision plans sh 1 provide the elevation of proposed structures
and pads. The lowest floor d pads shall be certified by a California
registered engineer or sury yor and submitted to the Director.
4. Standards for Utilities and echanical Equipment.
a. All new and replace ent water supply and sanitary sewage systems shall be
designed to minimi a or eliminate infiltration of flood waters into the
system and disch ge from systems into;flood waters.
b. On-site waste sposal systems shall be located to avoid impairment to them
or contamina 'on from them during flooding.
c. All new co struction and substantial improvements shall be constructed
with elect ical, heating, ventilation, plumbing and air conditioning
equipm t and other service facilities designed and/or located so as to
preven water from entering or accumulating within the components during
condi ions of flooding.
d. Al subdivision proposals shall have public utilities and facilities such as
s wer, gas, electrical and water systems located and constructed in a
oodproof manner.
5. Stan ards for Manufactured Homes.
a. All new and replacement manufactured homes and substantial improvements to
manufactured homes on sites located
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1. outside of a manufactured home park or subdivision,
2. in a new manufactured home park or subdivision,
3. in an expansion to an existing manufactured home park or subdivision, or
4. in an existing manufactured home park or subdivision on a site upon which
s , a manufactured home has incurred substantial damage as a result of a flood
shall be elevated on a permanent foundation so that the lowest floor is elevated
one foot above the base flood elevation.
b. All manufactured homes to Ibe placed or substantially improved in an existing
manufactured home park of subdivision shall be elevated to have the lowest
floor one foot above the base flood elevation or the manufactured home chassis
supported by reinforced piers or other foundation elements of equivalent
strength that are a minimum of 3 feet above grade. Where a site upon which a
manufactured home has incurred substantial damage as the result of a flood,
subsection 5a shall apply.
c. All manufactured homes shall be securely anchored to an adequately anchored
foundation system to resist'�flotation, collapse, and lateral movement.
B. -)FP3 Standards of Construction
i
1. Location of Buildings
a. All new construction shall be located on the landward side of the reach of
the mean high tide.
2. Construction Methods:
a. Elevation. All new construction and substantial improvement shall have the
lowest floor free of obstructions or constructed with breakaway walls as
defined in Section 222�.06. Such enclosed space shall not be used for human
habitation but may be used for parking, building access or storage.(32e6-7/95,
3334-6/97)
b. 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 portion of the structural member of the
lowest floor(excluding the pilings or columns) is elevated at or above the
base flood level. The pile or column foundation and structure attached
thereto is anchored to jresist 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
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base flood. Wind loading values used shall comply with standard dopted
by the City.
3. Certification. A California-registered engineer or architect sh certify to the
satisfaction of the Director that the proposed structure comp 'es with the
requirements of this section. The Director shall obtain an aintain records
of the elevation (in relation to mean sea level) of the bo m of the lowest
structural member of the lowest floor (excluding pilin or columns) of all
new and substantially improved structures, and whet r such structures
contain a basement.
C. Standards for Recreational Vehicles. All recreat' nal vehicles placed on a site
within a flood hazard zone shall be fully licensed nd ready for highway use,
restricted to a maximum stay on site of 180 days nless the elevation and anchoring
of the recreational vehicle complies with the S ndards for Manufactured Homes.
All recreational vehicles placed in coastal hi hazard areas (V and VE zones) shall
also comply with -FP3 standards for const coon.
222.16 Variances/Appeals
A. General Provisions. The Planning ommission shall hear and decide requests for
variances from the standards of this chapter as well as requests for appeals when it
is alleged there is an error in any equirement, decision, or determination made by
the Director in the enforcemen or administration of this chapter in accord with the
procedures established in Ch ter 241 and 248.
1. Variances may be issu d for new'construction and substantial improvements on
a lot of one-half acre r less in size contiguous to and surrounded by lots with
existing structures nstructed below base flood level, providing the standards
listed in this chap r are considered. As the lot size increases beyond one-half
acre,the technic justification required for issuing the variances increases.
2. Variances ma be granted for new construction and substantial improvement
and for othe development necessary for the conduct of a functionally dependent
use provid d that the provisions of Chapter 222 are satisfied and that the
structure r other development is protected by methods that minimize flood
damage during the base flood and create no additional threats to public safety or
public uisance.
3. Va ances may be issued for the repair or rehabilitation of historic structures
w ich are listed on a local or state inventory, determined by the Secretary of the
terior to be historic, or listed on the National Register of Historic Places
provided the proposed repair or rehabilitation is necessary to preserve the
historic character and design of the structure and allow the continued
designation as an historic structure.
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Ord 3643
4. 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
commensurate with the increased risk. A copy of the notice shall be recorded
by the Director in the office jof 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.
B. Factors to be Considered. In reviewing applications, the Planning Commission
shall consider all relevant factors, including technical evaluations, this section, and
other standards specified in this;chapter. In reaching a decision on an appeal or
variance,the Commission- shall consider the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Importance of the services provided to the community by the proposed facility;
4. Necessity of waterfront location for the facility, if applicable;
5. Availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
6. Compatibility of the proposed use with existing and anticipated developments;
7. Relationship of the proposed use to the General Plan, Local Coastal Program,
and the floodplain management program for that area;
8. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
9. Expected heights, velocity;duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
10. 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.
C. Findings. When granting a variance, the Planning Commission shall make the
following findings in addition jto the findings contained in Chapter 241.
1. The project provides the minimum deviation to afford relief from the provisions
of Chapter 222.
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2. The proposed project will not result in increased flood heights, additional eats
to public safety or extraordinary public expense; create a nuisance, caus fraud
or victimization of the`public, or conflict with existing local laws or o inances.
D. Authority to Impose Additional Conditions. In addition to the author' y to.impose
conditions under Section 241.14, the Planning Commission may a ch conditions
to the granting of variances as deemed.necessary.
E. Records. The Director shall maintain a record of all variance ctions and findings
to justify their issuance, and report such variances to FEM and FIA upon request.
(3285-7/95,3334-6/97)
SECTION 2. This ordinance shall become effective 30 d s after its adoption.
PASSED AND ADOPTED by the City Council of the ity of Huntington Beach at a
regular meeting thereof held on the day of , 2004.
Mayor
ATTEST:
PPROVED AS TO FORM:
City Clerk r FUV"y City Attorney 'q��
REVIEWED AND APPROVED: INITIATED AND APPROVED:
�Yt-', I xzl-�
City Administrator Director of Planning
ord/04zoning/chap 222/4/5/04 15