HomeMy WebLinkAboutOrdinance #3845 ORDINANCE NO. 3845
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE RELATING TO
THE FLOODPLAIN OVERLAY DISTRICT
(-FP I, -FP2, -FP3)
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 222.01 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
222.01 Statutory Authorization
The Legislature of the State of California has in Government Code Sections 65302, 65560,
and 65800 conferred upon local governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Consistent with this
authority,the City of Huntington Beach does hereby adopt this chapter to implement the
City's floodplain management regulations.
SECTION 2. Section 222.06 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
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).
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E. Basement. Any area of a building having its floor subgrade on all sides.
F. 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
California-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.
G. 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 VE and as -FP3 in this Chapter.
H. 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 or storage of equipment and
materials.
I. Existing manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities including utilities, final grading
or paving of pads and the construction of streets was completed before the effective
date of the City's floodplain management regulation.
J. Expansion to an existing manufactured home park or subdivision. The preparation
of additional manufactured home sites in an existing manufactured home park or
subdivision by the construction of facilities servicing the lots on which the
additional manufactured homes are to be affixed including, but not limited to,
installation of utilities, construction of streets, and either final site grading or the
pouring of concrete pads.
K. Flood or flog ing. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation of runoff of surface waters from any source;
mudslides; and condition resulting from flood-related erosion.
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L. Flood Insurance Rate Map (FIRM). The official maps on which areas of special
flood hazard, the risk premium zones and the floodway applicable to the community
are delineated.
M. Flood Insurance Study. The "Flood Insurance Study for Orange County, CA and
Incorporated Areas," prepared by the Federal Emergency Management Agency,
providing flood profiles, the Flood Insurance Rate 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 mana e ment. 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. Floodproofing techniques are further described in FEMA Technical
bulletins 1-93, 3-93, and 7-93.
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. Historic structure. Any structure that is:
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1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
V. 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.
W. 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 attached to the required utilities. The term"manufactured home"
does not include a"recreation vehicle".
X. Manufactured home park or subdivision. A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Y. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum,to
which base flood elevations shown on the FIRM are referenced.
Z. 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).
AA.New manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including at a minimum,the installation
of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after February 16, 1983.
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BB. Recreational vehicle. A vehicle which is:
1 Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light-duty
truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping,travel, or seasonal use.
CC. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
DD. Special flood hazard area(SFHA). An area in the floodplan subject to a 1
percent or greater chance of flooding in any given year. It is shown on
FIRM as Zone A, AO, Al-A30, AE, A99, AH, V130, VE or V.
EE. Start of construction. Includes substantial improvement and other new development
and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction,rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start is 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 the following:_land
preparation such as clearing, grading, and filling; the installation of streets and/or
walkways; excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; the installation of accessory buildings, such as garages or sheds
that are not occupied as dwelling units or connected to the main structure. In the
case of substantial improvements, the actual start of construction is the first
alteration to any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
FF. Structure. A walled and roofed building, including a gas/liquid storage tank and a
manufactured home,that is principally above ground. It does not include open
pavilions, bleachers, carports and similar structures that do not have at least two
rigid walls and a roof.
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GG. Substantial damage. Damage of any origin sustained by a structure whereby the
cost of restoring the structure to the condition existing before damage would equal
or exceed 50 percent of the market value before the damage occurred.
HH. Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or
improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before such repair, reconstruction, rehabilitation,
addition, or improvement. This term includes structures which have incurred
"substantial damage,"regardless of the actual repair work performed. 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
ensure safe living conditions; or
2. Any alteration of a"historic structure,"provided that the alteration will not
preclude the structure's continued designation as a"historic structure."
"Market value" of a structure, as used herein, shall be the depreciated value
of the structure prior to such repair, reconstruction, rehabilitation, addition,
or improvement as shown in a report by a qualified real estate appraiser. In
the alternative, the Director may use other methods or sources to determine
market value as deemed acceptable by FEMA including use of replacement
cost depreciated based on accepted industry standards.
"Cost" for a repair, reconstruction, rehabilitation, addition, or improvement
project, as used herein, shall be determined by valuation figures in use by the
Director or itemized estimates for both materials and labor made by licensed
contractors or other professional estimators in the construction industry.
Il. Variance. A grant of relief from the requirements of this chapter which permits
construction in a manner which would otherwise be prohibited.
JJ. Violation. The failure of a structure or other development to be fully compliant
with this chapter. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this
chapter is presumed to be in violation until such time as that documentation is.
provided.
SECTION 3. Section 222.10 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
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
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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. Severability. This chapter and the various parts thereof are hereby declared to be
severable. Should any section of this chapter be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the chapter
as a whole, or any portion thereof other than the section so declared to be
unconstitutional or invalid.
D. Designation of Floodplain Administrator. The Director of Planning is designated to
administer, implement, and enforce this chapter by granting or denying
development permits in accord with its provisions.
E. Director - Responsibilities. The duties and responsibilities of the Director in
enforcing the provisions of this chapter shall include, but not be limited to:
1. Reviewing development permits to determine that the permit requirements of
this chapter have been satisfied,that all other required state and federal permits
have been obtained, and that the site is reasonably safe from flooding.
2. Reviewing development permits within Zones Al-30 and AE without a
designated regulatory floodway to determine that the proposed new
construction, substantial improvement, or development, when considered with
all other existing and anticipated development, will not increase the water
surface elevation of the base flood more than 1 foot at any point within the city.
3. Making interpretations where needed as to the exact location of the boundaries
of areas of special flood hazard.
4. 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
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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.
5. Notifying adjacent communities and responsible staff and federal agencies prior
to any alteration or relocation of a watercourse. The Director shall further
ensure that the flood-carrying capacity is maintained for any watercourse, or
portion thereof, which has been altered or relocated.
6. Within 6 months of information becoming available or project completion,
whichever comes first,the Floodplain Administrator, whenever feasible, shall
submit or assure that the permit applicant submits technical or scientific data to
FEMA for a Letter of Map Revision(LOMR) if applicable. Such submissions
are necessary so that upon confirmation of those physical changes affecting
flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
7. Taking action to remedy violations of this chapter as provided in Chapter 249.
F. Development Permit Review. An Application for Development or building permit
shall include:
1. Proposed elevations 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;
2. Proposed elevations in relation to mean sea level and the FIRM design flood to
which any structure will be floodproofed; and
3. A description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
4. All appropriate certifications required in Section 222.14.
SECTION 4. Section 222.14 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
222.14 Development Standards and Standards of Construction
Development standards for the -FP Overlay District shall be specified by a conditional use
permit or shall be those of the base district with which the -FP district is combined,
provided that the following standards of construction shall apply in the -FP2 and -FP3
subdistricts.
A. -FP2 and—FP3 Standards of Construction.
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1. Anchorin9. All new construction and substantial improvements of structures,
including manufactured homes,-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 of structures, including manufactured homes, shall use
construction methods and practices that minimize flood damage, and shall
utilize materials and utility equipment resistant to flood damage for areas below
the base flood elevation plus one foot freeboard. Adequate drainage paths
around structures on slopes shall be provided to guide flood waters around and
away from proposed structures.
3. Standards for Utilities and Mechanical Equipment.
a. 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.
b. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
c. All new construction and substantial improvements shall be constructed
with electrical, heating, ventilation,plumbing and air conditioning
equipment and other service facilities designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
4. Standards for Subdivisions and Other Proposed Development.
a. All new subdivision proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50
lots or 5 acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood
Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and
pads on the final plans.
3. If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil
engineer or licensed land surveyor and provided as part of an application
for a Letter of Map Revision based on Fill (LOMR-F)to the Floodplain
Administrator:
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Ordinance No.3845
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.
b. All subdivision proposals and other proposed development shall be
consistent with the need to minimize flood damage.
c. All subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage.
d. All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
5. Standards for Manufactured Homes.
a. All new and replacement manufactured homes and substantial
improvements to manufactured homes on sites located
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 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 be placed or substantially improved in an
existing manufactured home park or 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.
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6. Standards for Recreational Vehicles. All recreational vehicles placed on a site
within a flood hazard zone shall be fully licensed and ready for highway use,
restricted to a maximum stay on site of 180 days unless the elevation and
anchoring of the recreational vehicle complies with the Standards for
Manufactured Homes. All recreational vehicles placed in coastal high hazard
areas (V and VE zones) shall also comply with—FP3 standards for construction.
B. -F'P2 Standards of Construction
1. Elevation and Floodproofing.
a. Residential Construction—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 natural 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.
Prior to issuance of a building permit and prior to building permit final
inspection,the elevation of the lowest floor including basement shall be
certified by a California-registered engineer or surveyor. The completed
FEMA elevation certificates shall be submitted to the Director.
b. Nonresidential Construction—New construction and substantial
improvement of any nonresidential structure shall be either elevated to
comply with subsection 1 a or together with attendant utility and sanitary
facilities be floodproofed below the level stated in subsection 1 a 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 prior to issuance of a building permit.
c. Flood Openings—All new construction and substantial improvement of any
structure 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 exit of floodwater. All proposals for using space below the
lowest floor shall exceed the following requirements:
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(1) Be certified by a California registered engineer or architect; or
(2) Be certified to comply with a local floodproofing standard approved
by the Federal Insurance Administration, Federal Emergency
Management Agency, or
(3) Have a minimum of two openings on different sides having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom of all openings
shall be no higher than one foot above grade. Openings may be
equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic entry and exit of floodwaters.
C. -F>P3 Standards of Construction
1. Location of Buildings. All new construction shall be located on the landward
side of the reach of the mean high tide.
2. Free of Obstruction. 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.
3. Elevation and 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 resist flotation, collapse, and lateral movement due to the effects of
wind and water loads acting simultaneously on all building components. Water
loading values used shall be those associated with the base flood. Wind loading
values used shall comply with standards adopted by the City. Fill shall not be
used for structural support of buildings.
4. Certification. A California-registered engineer or architect shall certify to the
satisfaction of the Director that the proposed structure complies with the
requirements of this section. 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.
SECTION 4. Section 222.16 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
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Ordinance No.3845
222.16 Variances/Appeals
A. General Provisions. The Planning Commission 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 requirement, decision, or determination made by
the Director in the enforcement or administration of this chapter in accord with the
procedures established in Chapter 241 and 248.
1. Variances may be issued for new construction and substantial improvements 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 chapter are considered. As the lot size increases beyond one-half
acre, the technical justification required for issuing the variances increases.
2. 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 Chapter 222 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 or
public nuisance.
3. Variances may be issued for the repair or rehabilitation of historic structures
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.
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 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.
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 Planning 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;
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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 to the findings contained in Chapter 241.
1. The project provides the minimum deviation to afford relief from the provisions
of Chapter 222.
2. The proposed project will not result in increased flood heights, additional
threats to public safety or extraordinary public expense; create a nuisance, cause
fraud or victimization of the public, or conflict with existing local laws or
ordinances.
D. Authority. t�pose Additional Conditions. In addition to the authority to impose
conditions under Section 241.12,the Planning Commission may attach conditions
to the granting of variances as deemed necessary.
E. Records. The Director shall maintain a record of all variance actions and findings
to justify their issuance, and report such variances to FEMA and FIA upon request.
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SECTION 5. This ordinance shall become effective 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_2nd day of November ,200:9
0
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C y Attorney
REVIEW A APPROVED: INITIA D AND APPROVED:
Ci A4inistrator Director of PILAing
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Ord. No. 3845
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of 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 October 19, 2009, and was again read to said City Council at a
regular meeting thereof held on November 2,2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 12,2009.
In accordance with the City Charter of said City
oan L. Flynn,Ci Clerk Cit Clerk and ex-officio CYehrk
A Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California