HomeMy WebLinkAboutCode Amendment 89-8 - Ordinance 3009 - Revise Article 940 - REQUEST~ FOR CITY COUNCIL ACTION
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Date Ju 1 17, 9 9
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Submitted to: Honorable Mayor and City Council Members s
Paul E. Cook, City Administrator�� r, o to
Submitted by: n �
Mot
Prepared by: Michael Adams, Director of Community Developmen C7
Subject: CODE AMENDMENT NO. 89-8/NEGATIVE DECLARATION N
89-17)
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Consistent with Council Policy? [ ) Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The Federal Emergency Management Agency (FEMA) has prepared a new
Flood Insurance Study (FIS) and new Flood Insurance Rate Maps (FIRM)
for flood prone areas within the City of Huntington Beach, and has
requested that the City adopt them by September 15, 1989 . On
June 20, 1989, the Planning Commission held a public hearing and
adopted the FIRM' s by reference through Code Amendment No. 89-8 .
RECOMMENDATION•
At the June 20, 1989 Planning Commission meeting the following
action was taken:
ON MOTION BY KIRKLAND, SECOND BY WILLIAMS, CODE AMENDMENT NO. 89-8
AND NEGATIVE DECLARATION NO. 89-17 WERE APPROVED, ADOPTING, BY
REFERENCE, THE FIRM' S DATED SEPTEMBER 15, 1989, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega,
Mountford, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
Recommended Action:
The Planning Commission and staff recommend that the City Council
approve Negative Declaration No. 89-17, approve Code Amendment No.
89-8 and after reading by title, approve introduction of Ordinance
No. 3009 - "AN ORDINANCE OF THE CITY. OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 940,
SECTIONS 9440 .4, 9440 . 5(b) , 9400. 5(c) , 9400. 15(2) , 9400 . 22(2) ,
9400 . 22(3) AND 9400. 22(7) . " (Adopts by reference Flood Insurance
Rate Maps (FIRMS) dated September 15, 1989 .
PIO 5/85
ANALYSIS•
The City of Huntington Beach, because of its location and
topography, has a large percentage of land area that could be
potentially impacted in the case of a flood. This flood could come
either from overflow of the Santa Ana River or coastal flooding .
In order to reduce the potential for property or personal damage in
the event of a flood, the City joined the National Flood Insurance
Program in 1971. As part of continuing participation in the
program, the City must adopt the revised FIRM' s prior to September
15, 1989 .
The primary changes are to identify flood depths in coastal flood
areas and to change flood classification nomenclature to correspond
with County-wide maps . The changes do not modify flood depths or
floodplain development standards in the 100-Year flood zone.
Rather, the changes in that area are only in terminology. The new
coastal flood depths, however, do constitute a change in floodplain
management criteria . These changes primarily affect the beach area
on the ocean side of Pacific Coast Highway. Depths of flooding, due
to wave action and/or overflow of the Santa Ana River range from 11
to 13 feet above sea level. Since this new flood information is
identified exclusively on the ocean side of Pacific Coast Highway,
there will be very little impact on new or existing development .
The only project that will likely be affected by the new information
is the Pierside Village restaurant project, of which a portion is in
the newly identified 13 foot flood zone. It is not anticipated,
however that the new flood data will hinder construction or design
of that project. No changes to riverine flooding contours or depths
are proposed, on the inland side of Pacific Coast Highway.
The actual changes to the Flood Map are as follows:
1 . Eliminate Zones Al-A30 and replace them with Zone AE with flood-
elevations determined in FP2 areas .
2 . Eliminate Zones V1 through V30 on the FIRM and replace them
with Zone VE for FP3 areas .
3 . Flood depths in\\the coastal areas have been added.
FUNDING SOURCE:
No funds required.
ALTERNATIVE ACTION:
The City Council may deny the code amendment. This action, however,
would jeopardize the City' s participation in the National Flood
Insurance Program.
RCA - 7/10/89 -2- (2990d)
ATTACHMENTS:
1. City Flood Map
2. Proposed Ordinance
3 . Staff Report from June 20, 1989 Planning Commission meeting
PEC:MA:MC:kla
RCA - 7/10/89 -3- (2990d)
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NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 89-8/NEGATIVE DECLARATION NO. 89-17
(Adoption of Revised Flood Insurance Rate Maps)
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will
hold a public hearing in the Council Chambers at the Huntington
Beach Civic Center, 2000 Main Street, Huntington Beach, California,
on the date and at the time indicated below to receive and consider
the statements of all persons who wish to be heard relative to the
application described below.
DATE/TIME: Monday, July 17, 1989 , 7 : 00 PM
APPLICATION NUMBER: Code Amendment No . 89-8 and Negative
Declaration No . 89-17 (filed on May 23 , 1989)
APPLICANT: City of Huntington Beach
LOCATION: City-wide
REQUEST: Revise Article 940 (Floodplain Ordinance) to reference
the updated and Revised Flood Insurance Rate Maps (see
attached) dated September 15, 1989 , and forward to
City Council for adoption.
ENVIRONMENTAL STATUS: Covered by Negative Declaration No . 89-17
which will considered concurrently.
COASTAL STATUS: Following City Council approval, Code Amendment
No . 89-8 will be forwarded to the California
Coastal Commission for approval and incorporation
into the City' s Local Coastal Program:
Implementing Ordinances .
PUBLIC HEARING PROCEDURE: ( 1) Staff Report;
(2) Public Hearing;
(3) City Council Discussion; and
(4) City Council action.
ON FILE: A copy of the proposed request is on file in the City
Clerk' s office, 2000 Main Street, Huntington Beach,
California 92648, for inspection by the public .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above. If there are any further questions please call
Mike Connor, Planning Aide at 536-5271 .
Connie Brockway
Huntington Beach City Clerk
(2873d-1)
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Source: Federal Emergency Management Agency , Sept . 1.5 , 1989
® FLOOD HAZARD AREAS
HUNTINGTON BEACH PLANNING DIVISION
ORDINANCE NO.
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i
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
ARTICLE 940 SECTIONS 9400 . 4 , 9400 . 5 (b) , 9400 . 5(c) ,
9400 . 15 (2) , 9400 . 22 (2) , 9400 . 22(3) and 9400 . 22(7)
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending Article 940 Sections 9400 . 4 , 9400 . 5 (b) ,
9400 . 5 (c) , 9400 . 15(2) , 9400 . 22.(2) , 9400 . 22(3) and 9400 . 22(7) to read
as follows :
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 (revised September 15, 1989) 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 applicability 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. (2937-5/88)
9400 . 5 (b) Areas Designated. -FP2 Area shall apply to areas shown
as A, AE, AO and AH on the Flood Insurance Rate Map, adopted by this
article, and shown as -FP2 on any district map . (2937-5/88)
9400 . 5 (c) Areas Designated. -FP3 Area shall apply to areas shown
as V or VE on the Flood Insurance Rate Map, adopted by this article,
and shown as -FP3 on any district map. (2937-5/88)
9400 . 15 (2) -FP2 Standards of Construction. New Construction and
substantial improvement of any structure in Zone AH or 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. (2937-5/88)
9.400 . 22 (2) Area of shallow flooding: A designated AO or AH zone on
the flood Insurance Rate Map (FIRM) . The base flood depths range
- 1 -
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. (2937-5/88)
9400 . 22(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, AE, V and VE on the FIRM. (2937-5/88)
9400 . 22(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 VE and as -FP3 in this article. (2937-5/88)
SECTION 3 . This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City AttorneyC� 5-3`3�
R 7ED AND APPRO INIT D AND APPROVED:
City Administrator Dire or of Community
Development
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2 -
atington beach department yr community development
STAf f
REPOR11
TO: Planning Commission
FROM: Community Development
DATE: June 20, 1989
SUBJECT: CODE AMENDMENT NO. 89-8/NEGATIVE DECLARATION NO. 89-17
APPLICANT: City of Huntington Beach
LOCATION: City-wide
REQUEST: The adoption of Revised Flood Insurance Rate Maps dated
September 15, 1989 .
1. 0 SUGGESTED ACTION:
Approve Negative Declaration No. 89-17 and Code Amendment No. 89-8
and forward and recommend adoption by the City Council .
2. 0 GENERAL INFORMATION:
The Federal Emergency Management Agency (FEMA) has completed a new
Flood Insurance Study (FIS) and prepared revised Flood Insurance
Rate Maps (FIRMS) for Huntington Beach based on the most recent
study. In order to remain in compliance with Section 60.3(c) of the
National Flood Insurance Plan (NFIP) regulations, the Cit must adopt
these changes by September 15, 1989 .
The primary changes are to identify flood depths in coastal flood
areas and to change flood classification nomenclature to correspond
with County-wide maps . The changes do not modify flood depths or
floodplain development standards in the 100-Year flood zone.
Rather, the changes in that area are only in terminology. The new
coastal flood depths, however, do constitute a change in floodplain
management criteria. These changes primarily affect the beach area
on the ocean side of Pacific Coast Highway. Depths of flooding, due
to wave action and/or overflow of the Santa Ana River range from 11
to 13 feet above sea level. Since this new flood information is
identified exclusively on the ocean side of Pacific Coast Highway,
there will be very little impact on new or existing development.
The only project that will likely be affected by the new information
is the Pierside Village restaurant project, of which a portion is in
the newly identified 13 foot flood zone. It is not anticipated,
however that the new flood data will hinder construction or design
of that project . No changes to riverine flooding contours or depths
are proposed, on the inland side of Pacific Coast Highway.
C� _
A-F M-23C
q,
The actual changes to the Flood Map are as follows:
1. Eliminate Zones Al-A30 and replace them with Zone AE with flood
elevations determined in FP2 areas .
2 . Eliminate Zones V1 through V30 on the FIRM and replace them
with Zone VE for FP3 areas.
3 . Flood depths in the coastal areas have been added.
2. 0 ENVIRONMENTAL STATUS:
Negative Declaration No. 89-17 has been prepared for this code
amendment (see attached) . Prior to action on Code Amendment No .
89-8, Negative Declaration No. 89-17 must be approved.
2 . 0 COASTAL STATUS:
Revised Flood Insurance Rate Maps (FIRMs) for Huntington Beach, in
compliance with Section 60.3(c) , will be filed with the California
Coastal Commission to incorporate the revisions of this code
amendment, following approval by the Planning Commission and City
Council .
4 . 0 RECOMMENDATION:
Approve Negative Declaration No. 89-17 and Code Amendment No. 89-8
and forward and recommend adoption by the City Council.
ATTACHMENTS•
1. Draft Ordinance
2 . City Flood Map
HS:MC:kla
Staff Report - 6/20/89 -2- (2879d)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
-- THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
ARTICLE 940 SECTIONS 9400 .4, 9400. 5(b) , 9400.5(C) ,
9400. 15(2) , 9400.22(2) , 9400.22(3) and 9400.22(7)
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending Article 940 Sections 9400.4, 9400. 5(b) ,
9400. 5(c) , 9400 . 15(2) , 9400.22(2) , 9400.22(3) and 9400.22(7) to read
as follows:
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 (revised September 15, 1989) 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 applicability 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, (2937-5/88)
9400 . 5(b) Areas Designated. -FP2 Area shall apply to areas shown
as A, AE, AO and AH on the Flood Insurance Rate Map, adopted by this
article, and shown as -FP2 on any district map. (2937-5/88)
9400 . 5(c) Areas Designated. -FP3 Area shall apply to areas shown
as V or VE on the Flood Insurance Rate .Map, adopted by this article,.
and shown as -FP3 on any district map#- (2937-5/88)
9400 15(2) -FP2 Standards of Construction, New Construction and
substantial improvement of any structure in Zone AH or 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. (2937-5/88)
9400.22(2) Area of shallow flooding: A designated AO or AH 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 . (2937-5/88)
9400 . 22(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, AE, V and VE on the FIRM. (2937-5/88)
9400 .22(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 VE and as -FP3 in this article. (2937-5/88)
SECTION 3 . This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Community
Development
2 -
- 9400--9400. 1
Article 940
(2488-6/81, 2604-1/83, 2937-5/88)
FLOODPLAIN SUFFIX (-FP1. .-FP2. -FP3)
Sections:
S. 9400 Statutory Authority
S. 9400 . 1 Findings of Fact
S. 9400 .2 Statement of Purpose
S. 9400 . 3 Methods of Reducing Flood Hazards
S. 9400 .4 Establishment of Areas
S. 9400 . 5 Areas Designated
S. 9400 . 6 General Provisions
S. 9400. 7 Application
S. 9400 . 8 Director--Responsibilities
S. 9400 . 9 Permit Review
S. 9400 . 10 -FP1 Permitted Uses
S. 9400 . 11 -FP1 Conditional Uses
S. 9400 . 12 -FP1 Prohibited Uses
S. 9400 . 13 -FP2 Permitted Uses
S. 9400 . 14 -FP2 Prohibited Uses
S. 9400 . 15 -FP2 Standards of Construction
S. 9400 . 16 -FP3 Permitted Uses
S. 9400 . 17 -FP3 Prohibited Uses
S. 9400. 18 -FP3 Standards of Construction
S. 9400 . 19 Variances/Appeal--General
S. 9400. 20 Variances/Appeals--Requirements
S. 9400 . 21 Variances/Appeals--Findings
S. 9400. 22 Definitions
9400 Statutory Authority 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. Therefore, the City Council has adopted the
provisions contained in this article. (2937-5/88)
9400. 1 Findings of Fact.'
act 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. (2937-5/88)
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, damage uses
in other areas . Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the
flood loss . (2937-5/88)
5/88
-1-
9400 . 2--9400 . 3 (d)
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 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:
(2937-5/88)
(a) Protect human life and health; (2937-5/88)
(b) Minimize expenditure of public money for costly flood control
projects; (2937-5/88)
(c) Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public; (2937-5/88)
(d) Minimize prolonged business interruptions; (2937-5/88)
(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; (2937-5/88)
(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; (2937-5/88)
(g) Insure that potential buyers are notified that particular
properties are within an area of special flood hazard;
(2937-5/88)
(h) Insure that those who occupy the areas of special flood
hazard assume responsibility for their actions . (2937-5/88)
9400.3 Methods of Reducing Flood Hazards In order to accomplish
these purposes, this article includes methods and provisions for:
(2937-5/88)
(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; (2937-5/88)
(b) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction; (2937-5/88)
(c) Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters; (2937-5/88)
(d) Controlling filling, grading, dredging, and other development
which may increase flood damage; and (2937-5/88)
5/88
-2-
9400 . 3(e)--9400 . 6(b)
(e) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas . (2937-5/88)
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 (revised September 15, 1989) 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 applicability 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. (2937-5/88)
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. (2937-5/88)
(b) -FP2 Area shall apply to areas shown as A, AE, AO and AH on
the Flood Insurance Rate Map, adopted by this article, and
shown as -FP2 on any district map. (2937-5/88)
(c) -FP3 Area shall apply to areas shown as V or VE on the Flood
Insurance Rate Map, adopted by this article, and shown as
-FP3 on any district map. (2937-5/88)
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. (2937-5/88)
(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.
(2937-5/88)
5/88
-3-
9400 . 6(c)--9400 . 8
(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. (2937-5/88)
(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. (2937-5/88)
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.
(2937-5/88)
(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: (2937-5/88)
(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. (2937-5/88)
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: (2937-5/88)
5/88
-4-
9400. 8(a)--9400. 9(b)
(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.
(2937-5/88)
(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
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 . (2937-5/88)
(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) . (2937-5/88)
(d) Taking action to remedy violations of this article as
specified in Section 9400. 6 (a) (2937-5/88)
(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 .
(2937-5/88)
(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. (2937-5/88)
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:
(2937-5/88)
(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 . (2937-5/88)
5/88
-5-
94-00 . 9(c)--9400 . 12(c)
(b) Proposed elevation in relation to mean sea level to which any
structure will be floodproofed. (2937-5/88)
(c) All appropriate certifications listed under Section 9400 . 8
(e) . (2937-5/88)
(d) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development .
(2937-5/88)
9400.10 -FP1 Permitted Uses The following uses are permitted in
an -FP1 suffix area . (2937-5/88)
(a) Flood and Road Projects . Flood control channels, levees,
spreading grounds and basins, roads, bridges and storm
drains . (2937-5/88) '
(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.
(2937-5/88)
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: (2937-5/88)
(a) Public utility facilities . (2937-5/88)
(b) Temporary structures which can be readily removed in the time
available after flood warning . (2937-5/88)
(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 . (2937-5/88)
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 . (2937-5/88)
(b) All encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by a registered engineer or architect is
5/88
-6-
9400 . 12(d)--9400 . 14(b)
provided demonstrating that such encroachments will not result in
any increase in flood levels during the occurrence of a base flood
discharge. (2937-5/88)
(c) Permanent structures. (2937-5/88)
(d) Buildings used for habitation by human beings . (2937-5/88)
(e) Storage of substances or materials capable of floating which
could add to the debris load of a stream or watercourse.
. (2937-5/88)
(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.
(2937-5/88)
9400.13 -FP2 Permitted Uses The following uses are permitted in
an -FP2 suffix area subject to approval of a building permit as
provided by this article. (2937-5/88)
(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,
such excavations shall not create a potential hazard to
adjacent properties resulting from flood or erosion
conditions . (2937-5/88)
(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 . (2937-5/88)
(c) New structures and improvements permitted by the base
district which comply with all applicable standards of
construction required. (2937-5/88)
(d) Manufactured homes when permitted by the base district which
comply with all applicable standards of construction
required. (2937-5/88)
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
5/88
-7-
9400 . 15--9400 . 15(c) (5)
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 . (2937-5/88)
(b) All uses not permitted by section 9430. 13 . (2937-5/88)
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.
(2937-5/88)
(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 . (2937-5/88)
(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. (2937-5/88)
(2) New construction and substantial improvement of any
structure in Zone AH or 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.
(2937-5/88)
(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
5/88
-8-
9400 . 15(d)--9400 . 15(e) (2)
certify as to the structure' s floodproofing . (2937-5/88)
(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 .
(2937-5/88)
(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.
(2937-5/88)
(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 .
(2937-5/88)
(2) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them
during flooding . (2937-5/88)
(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 or accumulating
within the components during conditions of flooding.
(2937-5/88)
(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. (2937-5/88)
(e) Standards for Manufactured Homes :
(1) All new and replacement manufactured homes and
additions to manufactured homes shall be elevated on
compacted fill or on pilings so that the lowest floor
is at or above the base flood elevation and shall be
securely anchored to a permanent 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
5/88 placed in stable soil no more than ten feet apart;. and
-9-
9400 . 16--9400 . 18(c) (3)
reinforcement shall be provided for pilings more than six feet above
ground level . (2937-5/88)
This paragraph applies to manufactured homes to be
placed or substantially improved in an expansion to an
existing manufactured 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.
(2937-5/88)
(2) The installer or state agency responsible for
regulating the placement, installation and anchoring of
individual manufactured homes shall furnish
certification of compliance with these standards to the
Director. (2937-5/88)
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. (2937-5/88)
9400. 17 -FP3 Prohibited Uses. The following uses are
specifically prohibited in an -FP3 suffix area: (2937-5/88)
(a) The placement of manufactured homes except in existing parks
or subdivisions . (2937-5/88)
(b) Man-made alteration of sand dunes which would increase
potential flood damage. (2937-5/88)
(c) All uses not permitted by section 9400 . 16 . (2937-5/88)
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. (2937-5/88)
(b) Fill shall not be used for structural support of buildings .
(2937-5/88)
(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
lowest structural member open to as not to impede the
flow of water, except for breakaway walls as specified
in (4) of this subsection. (2937-5/88)
5/88
-10-
9400 . 18(c) (3)--9400 . 19(c)
(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
components. 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) . (2937-5/88)
(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. (2937-5/88)
(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. (2937-5/88)
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
equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic
entry and exit of floodwaters (2937-5/88)
9400.19 Variances/Appeals--General The Planning Commission
shall hear and decide requests for variances from these 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
5/88
-11-
9400 . 19(c)--9400 .21
in the enforcement or administration of this article. (2937-5/88)
(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.
(2937-5/88)
(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. (2937-5/88)
(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
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.
(2937-5/88)
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.. (2937-5/88)
(a) The danger that materials may be swept onto other lands to
the injury of others; (2937-5/88)
(b) The danger of life and property due to flooding or erosion
damage; (2937-5/88)
(c) The succeptibilty of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner; (2937-5/88)
(d) The importance of the services provided to the community by
the proposed facility; (2937-5/88)
(e) The necessity of a waterfront location for the facility, if
applicable; (2937-5/88)
(f) The availability of alternative locations for the proposed
5/88
-12-
9400 .21--9400 .22(5)
use which are not subject to flooding or erosion damage; (2937-5/88)
(g) The compatibility of the proposed use with existing and
anticipated developments; (2937-5/88)
(h) The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
(2937-5/88)
(i) The safety of access to the property in 'time of flood for
ordinary and emergency vehicles; (2937-5/88)
(j ) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site;
and (2937-5/88)
(k) 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 . (2937-5/88)
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: (2937-5/88)
(a) A showing of good and sufficient cause; (2937-5/88)
(b) A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(2937-5/88)
(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. (2937-5/88)
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. (2937-5/88)
9400.22 Definitions. Except where the context clearly indicates
otherwise, the definitions given in this section shall govern the
5/88
-13-
9400. 22(6)--9400 .22(11)
provisions of this article. (2937-5/88)
(1) Appeal :. A request for review of the Director ' s interpretation
of any provision of this article, or a request for a
variance. (2937-5/88)
(2) Area of shallow flooding: A designated AO or AH 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. (2937-5/88)
(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, AE, V, and VE on the FIRM. (2937-5/88)
(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" ) . (2937-5/88)
(5) Basement: Any area of the building having its floor subgrade
(below ground level) on all sides . (2937-5/88)
(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 : (2937-5/88)
(1) Breakaway wall collapse shall result from a water load
less than that which would occur during the base flood;
and (2937-5/88)
(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. (2937-5/88)
(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 VE and as -FP3 in this article. (2937-5/88)
(8) Design flood: A flood against which protection is provided by
means of land use regulation, flood protective or flood
5/88
-14-
9400.22(12)--9400. 22(19)
control works . When a federal flood control project has been
authorized, the design flood will be that defined by the cognizant
agency. In all other cases, the design flood shall be either at the
one-hundred-year-recurrence interval (base flood) or the standard
project flood. (2937-5/88)
(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 . (2937-5/88)
( 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 . (2937-5/88)
( 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 .
(2937-5/88)
( 12) Flood or flooding: A general and temporary condition of
partial or complete inundation of normally dry land areas
from the overflow 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. (2937-5/88)
(13) Flood Insurance Rate Ma FIRM and Flood Boundary and
Floodway Map: The official maps on which the Federal
Insurance Administration has delineated the areas of special
flood hazard, the risk premium zones and the floodways
applicable to the community. (2937-5/88)
(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 . (2937-5/88)
(15) Floodplain: Any land area susceptible to being inundated by
water from any source. (2937-5/88)
( 16) Floo plain 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
5/88 regulations . (2937-5/88)
-15-
9400 .22(20)--9400 . 22(28)
(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
applications of police power. The term describes such state
or local regulations in any combination thereof, which
provide standards for the purpose of flood damage prevention
and reduction. (2937-5/88)
(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 .
(2937-5/88)
(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 . (2937-5/88)
(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 .
(2937-5/88)
(21) Highest adjacent grade: The highest natural elevation of the
ground surface next to the proposed walls of a structure
prior to construction. (2937-5/88)
(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. (2937-5/88)
(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,
5/88
-16-
9400 .22(28)--9400.22(32) (2)
travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days . For insurance purposes, the term
does not include park trailers, travel trailers, and other similar
vehicles. (2937-5/88)
(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 . (2937-5/88)
(25) Mean sea level : For purposes of the National Flood Insurance
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 .
(2937-5/88)
(26) New construction: Structures for which the "start of
construction" commenced on or after the effective date of the
city' s floodplain management regulations . (See definition
30) . (2937-5/88)
(27) Person: An individual or his agent, firm, partnership,
association or corporation, or agent of the aforementioned
groups, or this state or its agencies or political
subdivision. (2937-5/88)
(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 .
(2937-5/88)
(29) Sand dunes : Naturally occurring accumulations of sand in
ridges or mounds landward of the beach. (2937-5/88)
(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,
5/88
-17-
9400 .22(32) (2)--9400 ."22(34)
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. (2937-5/88)
(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. (2937-5/88)
(32) Substantial improvement : Any repair, reconstruction, 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, or improvement .
(2937-5/88)
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. (2937-5/88)
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 (2937-5/88)
(2) Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places . (2937-5/88)
"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 . (2937-5/88)
"Cost" for a repair, reconstruction, or improvement project
as used herein, shall be determined by valuation figures in
use by the Director. (2937-5/88)
(33) Variance: A grant of relief from the requirements of this
article which permits construction in a manner which would
otherwise be prohibited. (2937-5/88)
(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. (2937-5/88)
5/88
-18-
9400.3(e)--9400.6(b)
(e) Preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in
other areas. (2937-5/88)
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 (revised
September 15, 1989) 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 applicability 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. (2937-5/88)
9400.5 Areas Designated.
(a) -FPI 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. (2937-5/88)
(b) -FP2 Area shall apply to areas shown as A, A!Y/troiWO M/A091 AE,
AO and AH on the Flood Insurance Rate Map, adopted by this article,
and shown as -FP2 on any district map. (2937-5/88)
(c) -FP3 Area shall apply to areas shown as V or YWY/rW&WNW VE
on the Flood Insurance Rate Map, adopted by this article, and shown as
-FP3 on any district map. (2937-5/88)
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. (2937-5/88)
(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
5/88 shall take precedence over the district maps. (2937-5/88)
9400.15--9400.15(c)(5)
9400.15 -FP2 Standards of Construction
(a) Anchoring. All new construction and substantial improvements sha11 be
.anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy. (2937-5/88)
(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. (2937-5/88)
(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.
(2937-5/88)
(2) New construction and substantial improvement of any structure
in Zone AH or 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. (2937-5/88)
(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. (2937-5/88)
(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.
(2937-5/88)
(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
5/88 surveyor. (2937-5/88)
9400.21--9400.22(5)
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: (2937-5/88)
(a) A showing of good and sufficient cause; (2937-5/88)
(b) A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and (2937-5/88)
(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. (2937-5/88)
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. (2937-5/88)
9400.22 Definitions. Except where the context clearly indicates otherwise,
the definitions given in this section shall govern the provisions of this article.
(2937-5/88)
(1) Appeal: A request for review of the Director's interpretation of any
provision of this article, or a request for a variance. (2937-5/88)
(2) Area of shallow flooding: A designated AO or XQ AH 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. (2937-5/88)
(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, AlYAW,
VO AE, V, and V1-30 VE on the FIRM. (2937-5/88)
(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"). (2937-5/88)
(5) Basement: Any area of the building having its floor subgrade (below
ground level) on all sides. (2937-5/88)
5/88
9400.22(6)-9400.22(11)
(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: (2937-5/88),
(1) Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and (2937-5/88)
(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. (2937-5/88)
(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 JV/Y-/XI/39VE and
as -FP3 in this article. (2937-5/88)
(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 shall be either at the one-hundred-year-recurrence interval (base
flood) or the standard project flood. (2937-5/88)
(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. (2937-5/88)
(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. (2937-5/88)
(11) Expansion to an existing manufactured home nark 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. (2937-5/88)
5/88
Q �
O i
0
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S
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S m
ZONE AE OO mMcFADDENZ
0 < ZONE AO
EL 5 , ZONE A:::;::;: :::::'ZONE
O > >
Z (DEPTH 3)
t
EDINGER
Z^
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77
Z _ONE X
ZONE AO
WARNER
-- (DEPTH 1) ZONE X
ZONE VE
(EL 10-13)
SLATER
ONE ZONE AO
:'. (EL 1) TALBERT ZONE AO (DEPTH 2)
(DEPTH 3),
Nk�l
ZONE VE ZONF X• ELLIS `— o
(EL 13) x
ARFIELD
p OL1 i
s ZONE XX.
J::/
••,•;•} 23' :7/,ORKTOWN
ZONE VE NE AE ADAMs
EL 12 11-14) /
ZONE VE <` --
•'•••:•:•: '•'••:J/INDIANAPOLIS
(EL 13)
ZONE VE •. ::•:. :::: ?:
ZONE AE ATLANTA
(EL 12) ''' (EL 11) 77]]
::.:.
ZONE VE cir
(E L 11) HAMILTON
ZONE VET
EL 12-13 /BANNING
ZONE VE (EL 12) •':r: ?�'
ZONE VE
(EL 11)
Source: Federal Emergency Management Agency, Sept. 15 , 1989
FL® D HAZARD AREAS
HUNTINGTON BEACH PLANNING DIVISION
a