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HomeMy WebLinkAboutFlood Ordinance Revisions - Zoning Text Amendment 09-001 - Z Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION I---. CITY-OF HUNTINGTON BEACH, LEGAL NOTICE STATE OF CALIFORNIA ) ORDINA Adopted o 3845' . ptedb by the,City Council on SS. NOYEMBER 2,2009, AN ORDINANCE OF THE i OF HUNTINGTON COUNTY OF ORANGE BEACH AMENDING (CHAPTER 222 OF THE HUNTINGTON ,BEACH !HUNTNGTON BEACH am the Citizen of the United States and a S ONN AND SUBDREI- resident of the County aforesaid; I am over LATING TO.THE FLOOD- PLAIN OVERLAY the age of eighteen years, and not a party DISTRICT (-FP1,• -FP2, -FP3) to or interested in the below entitled matter. ]SYNOPSIS: TME DMENT (ZTA) 09- A am a principal clerk of the HUNTINGTON 1 AMENDS CHAPTER BEACH INDEPENDENT, a newspaper of '222 OF THE HUNTING- BEACH general circulation, printed and published in SAND SUBDVSIONONING ORDI NANCE TO BRING IT.IN- the City of Huntington Beach, County of JO COMPLIANCE WITH FEDERAL EMERGENCY Orange, State of California, and the M A N A G E M E N:T AGENCY'S (FEMA) attached Notice is a true and complete copy REQUIREMENTS. THE, MAIN AMENDMENTS'IN- as was printed and published on the CLUDE: 1) .ADDING STAT-U.TORY , AU- following date(s). THORIZATION; 2) ADD- -ING OR REVISING VAR- IOUS DEFINITIONS; 3) REVISING SUBSTANTIAL IMPROVEMENT DEFINI, TION TO REFLECT DE- PRECIATION IN DETER-' MINING.MARKET VALUE OF A. STRUCTURE; 4) 5)DING DESIGNATING ILTHE November 12, 2009 FLOODPLAIN -ADMINIS- T R.A T 0 R A N D I CLARIFYING DIRECTOR RESPONSIBILITIES; 6) RE0RGANIZING,. CLARIFYING, AND SUP- PLEMENTING .STAN- DARDS- OF - CON'; STRUCTION; AND, 7) MINOR MODIFICATIONS TO VARIANCE/APPEALS. I declare, under penalty of perjury, that the bytheD AND ADOPTED foregoing is true and correct. City Council of the City of Huntington Beach at a.regular meeting held November .2, 2009 by the following roll call vote:-, - Executed on November 12 2009 j AYES: C ohr Dwyer, o - Green, 'Bohr, Dwyer, at Costa Mesa California Hardy,Hansen , NOES:None . 'ABSTAIN:None ABSENT:None � I THE FULL TEXT OF THE ORDINANCE IS "AIL- ABLE IN THE CITY CLERK.-S OFFICE. g This ordinance is effec- SI nature tive 30 days after adoption. . CITY OF I HUNTINGTON BEACH . 2000 MAIN STREET HUNTINGTON BEACH, i CA 92648 714-536-5227 JOAN L.FLYNN, J CITY CLERK Published Huntington Beach Independent. November 12,2009 112.073 Council/Agency Meeting Held: /D- 0,0 Deferred/Continued to: *Armroved ® Conditionally Approved ® Denied f tyL rk' Signa r Council Meeting Date: 10/19/2009 Departmen D Number: PL09-21 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C NCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINI OR PREPARED BY: SCOTT HESS, DIRECTOR OF P IN ;10�/ SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 09-001 (FLOOD ORDINANCE REVISIONS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: This application represents a request by the City to amend Chapter 222 (Floodplain Overlay District) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to bring it into compliance with the Federal Emergency Management Agency's (FEMA) requirements-. The Planning Commission and staff recommend approval (Recommended Action) because it is consistent with General Plan goals, objectives, and policies; it is in compliance with FEMA requirements, and will ultimately increase flood protection and minimize loss. Funding Source: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 09-001 with findings for approval (ATTACHMENT NO. 1) and adopt 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 (-FP1, -FP2, -FP3) (ATTACHMENT NO. 2)." REQUEST FOR ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER:PL09-21 Planning Commission Action on September 22 2009: THE MOTION MADE BY DELGLEIZE, SECONDED BY SCANDURA, TO APPROVE ZONING TEXT AMENDMENT NO. 09-001 WITH FINDINGS AND FORWARD THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION CARRIED BY THE FOLLOWING VOTE: AYES: SHIER-BURNETT, FARLEY, LIVENGOOD, SPEAKER, SCANDURA, DELGLEIZE, MANTINI NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motions: 1. "Continue Zoning Text Amendment No. 09-001 and direct staff accordingly." 2. "Deny Zoning Text Amendment No. 09-001 with findings for denial." FEMA has given the City a deadline of December 3, 2009 for the ordinance effective date. In order to meet this deadline,the City Council would have to approve the request on October 19 so that a second reading can occur on November 2. A continuation or denial of the request could lead to an immediate suspension from the National Flood Insurance Program effective December 3, 2009. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Citywide Zoning Text Amendment (ZTA) No. 09-001 represents a request pursuant to Chapter 247 to amend Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance to bring it into compliance with FEMA requirements. The main amendments include: • Adding Statutory Authorization (Section 222.01); ® Adding or revising various definitions (Section 222.06); ® Revising Substantial Improvement definition to reflect depreciation in determining market value of a structure (Section 222.06(HH)); ® Adding Severability (Section 222.10(C)); • Designating the Floodplain Administrator and clarifying director responsibilities (Sections 222.10(D) and (E)); G:\RCAs\2009\PL09-21 (Flood ZTA 09-001).doc -2- 9/29/2009 8:42 AM REQUEST FOR ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID N!L➢MBER:PE09-21 ® Reorganizing, clarifying, and supplementing Standards of Construction (Section 222.14); and ® Minor modifications to Variance/Appeals (Section 222.16). The legislative draft of the proposed changes is provided in Attachment No. 3. Some of the changes, however, simply involve relocating and reorganizing sections without any substantive change. Attachment No. 4 is a "working copy" of the section relating to standards of construction to clearly indicate what the actual text changes are. B. BACKGROUND The City has participated in the NFIP since 1983. FEMA conducts an audit of the City's floodplain management program every three to five years to make sure the City is meeting NAP requirements. The most recent audit was conducted in September 2008. One of the outcomes of the audit was a requirement to revise the flood ordinance as noted above. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission reviewed the request and recommended approval at their September 22, 2009 meeting. There was no discussion at the meeting. No one from the public spoke regarding the item. D. STAFF ANALYSIS AND RECOMMENDATION: The proposed revisions to the existing flood ordinance are primarily the result of specific requirements from FEMA as well as a few clarifications recommended by staff. The following analysis examines the various components of the ZTA: Substantial Improvement The most significant revision to the ordinance is outlined in Section 222.06 (Definitions), item HH (Substantial Improvement) and affects how structures are valued, which ultimately modifies the extent of changes that property owners can make to their structures without having to comply with specific standards of construction (see Section 222.14). By way of background, any structure in the 100-year flood zone that is modified such that it meets the definition of substantial improvement must either be elevated or floodproofed (nonresidential structures only). Because it is often difficult for an existing structure to comply with these requirements most property owners limit their proposed additions and improvements to not exceed the substantial improvement limit. In order to determine what constitutes substantial improvement, FEMA requires a definition for market value of the existing structure prior to any modifications. In addition, a cost for the proposed modifications must be provided. In simple terms, substantial improvement occurs G:\RCAs\2009\PL09-21 (Flood ZTA 09-001).doc -3- 9/29/2009 10:43 AM REQUEST FOR ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER:PE09-21 when the cost of the modifications equals or exceeds 50 percent of the market value of the structure prior to any modifications. Under the existing flood ordinance, the market value of a structure was determined by either using standard valuation figures per square foot or an appraisal. The cost of the proposed modifications was determined by using the same valuation figures used to determine market value. A recent version of the City's flood valuation worksheet illustrates how the valuation process once typically worked (Attachment No. 5). Using the same valuation figure per square foot for both the existing structure and for the improvements essentially means only comparing square footage, which is no longer acceptable to FEMA. As part of the ordinance revisions, FEMA is now requiring that the market value of the existing structure account for depreciation. FEMA is also requiring the city to increase the valuation figures per square foot used to determine the cost of proposed modifications to reflect current construction costs. These changes will result in further limitations on the size and scope of proposed additions or modifications to existing structures located in the flood zone without triggering compliance with specific standards of construction. In the interim, while the City awaits final determination from FEMA, the flood valuation worksheet has been revised to require an appraisal to determine market value of the existing structure and to use Building and Safety Department valuation or an itemized contractor's estimate to determine the cost of improvements. Standards of Construction The second most significant revision is outlined in Section 222.14 (Development Standards and Standards of Construction). The revisions include specifying additional standards for subdivisions and other developments which the Planning Department has already required on prior projects (e.g. providing base flood elevation information, elevation of lowest floors, etc.) and reorganizing the information to clearly specify which requirements apply to specific flood zones/overlays. Other Revisions The rest of the revisions are more minor housekeeping items needed to provide clarification and ensure the ordinance contains the provisions required by FEMA. These revisions include: 1. Adding Statutory Authorization (Section 222.01); 2. Adding or revising various definitions (Section 222.06), 3. Adding Severability (Section 222.10(C)); 4. Designating Floodplain Administrator and clarifying director responsibilities (Sections 222.10(D) and (E)); and 5. Minor modifications to Variance/Appeals (Section 222.16) by, among others, deleting information regarding historic structures already covered in Definitions Section. G:\RCAs\2009\PL09-21 (Flood ZTA 09-001).doc -4- 9/29/2009 8:42 AM REQUEST FOR ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER:PL09-21 ZTA No. 09-001 is consistent with the goals, objectives, and policies in the General Plan. It will bring the City's flood ordinance into compliance with FEMA requirements with the ultimate goal of increasing flood protection and minimizing loss. It will not affect the zoning of any property or the allowed uses and development standards of any zoning district. Finally, its adoption will enable the city to continue to be a part of the National Flood Insurance Program. Based on these points, staff is recommending approval of the text amendment. Strategic Plan Goal: The revised flood ordinance clarifies the requirements for development in the flood zone and is consistent with the following Strategic Plan Goal: Improve the efficiency of the development review process. Environmental Status: ZTA No. 09-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to a zoning ordinance that does not change the development standards density or intensity. Attachment(s): o - . - . ® o a 1. Suggested Findings of Approval —ZTA No. 09-001 2. Draft 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 (-FP1, -FP2, -FP3) 3. Legislative Draft: Chapter 222, Floodplain Overlay District—ZTA No. 09-001 4 Working Copy of Actual Changes to—FP2 Standards of Construction 5 Old Flood Valuation Worksheet Revised February 17, 2009 g Flood Hazards Areas: 100 & 500 Year Flood — Reduced Map 7 Planning Commission Staff Report dated September 22, 2009 g 1 PowerPoint G:\RCAs\2009\PL09-21 (Flood ZTA 09-001).doc -5- 9/29/2009 8:42 AM ATTACHMENT # 1 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 09-001 SUGGESTED FINDINGS FOR APPROVAL -'ZONING TEXT AMENDMENT NO. 09-001: 1. Zoning Text Amendment No. 09-001 amends Chapter 222 (Floodplain Overlay District) by, among others, clarifying and supplementing definitions and standards of construction. It is consistent with the goals, objectives, policies, and programs specified in the General Plan including: a. Goal EH 4—Eliminate, to the greatest degree possible, the risk from flood hazards to life, property, public investment and social order in the City of Huntington Beach. b. Objective EH 4.1 —Ensure that the City's flood prevention standards and practices provide satisfactory safeguards for public and private development. c. Policy EH 4.1.2—Establish and enforce standards which minimize financial loss and maximize protection of residents and business owners' property. The proposed amendment will bring the City's flood ordinance into compliance with FEMA requirements with the ultimate goal of increasing flood protection and minimizing loss. 2. In the case of a general land use provision,the change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. Zoning Text Amendment No. 09-001 will revise the citywide flood ordinance. It will not affect the zoning of any property or the allowed uses and development standards of any zoning district. 3. A community need is demonstrated for the change proposed because Zoning Text Amendment No. 09-001 is necessary to comply with FEMA requirements which will enable the city to continue to be a part of the National Flood Insurance Program. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because Zoning Text Amendment No. 09-001 will ultimately increase flood protection and minimize loss. Attachment No. 1 ATTACH MENT #2 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). 09-2039/38176 1 Ordinance No.3845 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 flooding. 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. 09-2039/38176 2 Ordinance No.3845 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 management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control. P. Floodplain management regulations. Zoning and subdivision ordinances, building codes, health regulations, special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property,water, and sanitary facilities, structures, and their contents. Floodproofing techniques are further described in FEMA Technical bulletins 1-93, 3-93, and 7-93. R. F000dway. 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: 09-2039/38176 3 Ordinance No.3845 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. 09-2039/38176 4 Ordinance No.3845 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. 09-2039/38176 5 Ordinance No.3845 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: l. 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. II. 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 09-2039/38176 6 Ordinance No.3845 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 09-2039/38176 7 Ordinance No.3845 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. 09-2039/38176 9 Ordinance No.3845 1. Anchoring. 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: 09-2039/38176 9 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. 09-2039/38176 10 Ordinance No.3845 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. -FP2 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: 09-2039/38176 1 1 Ordinance No.3845 (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. -FP3 Standards of Construction l. 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: 09-2039/38176 12 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; 09-2039/38176 13 Ordinance No.3845 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 to Impose 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. 09-2039/38176 14 Ordinance No.3845 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 2 n d day of November , 200_�9 . /S rko Mayor ATTEST: A�AP�ROVED AS TO FORM: City Clerk C Attorney REVIE A APPROVED: INITIA D AND APPROVED: C-Jjinistrator Director o Pl ing 09-2039/38176 15 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 I,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 —4� 00�- Joan L. Flynn, City Clerk C*, Clerk and ex-officio CYerk Senior Deputy Citv Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 LEGISLATIVE DRAFT ORDINANCE NO. 3845 Chapters 222 FP F';lo®dlan 'Overlay I)��str�et (=FI'1 FPZ,%F1�3) (3285-7/95, 3334-6/97,3675-12/04) Sections: 222.01 Statutory Authorization 222.02 Floodplain Overlay District Established 222.04 Zoning Map Designator; Establishment of Hazard Areas 222.06 Definitions 222.08 Methods of Reducing Flood Hazards 222.10 General Provisions 222.12 Land Use Controls 222.14 Development Standards and Standards of Construction 222.16 Variances/Appeals 222.01 Statutory Authorization The Legislature of the State of California has in Government Code Sections 65302. 655W 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. 222.02 Floodplain Overlay District Established The FP Floodplain Overlay District is established and applies to all areas of special flood hazard within the City. If not controlled, periodic inundation results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 222.04 Zoning Map Designators; Establishment of Hazard Areas A. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study for the City of Huntington Beach dated August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM) dated February 16, 1983 (revised September 16, 1989) and the Orange County, County-wide Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 1 of 19 09-2039/37867 LEGISLATIVE DRAFT FIRM dated November 3, 1993 and all subsequent revisions and/or amendments are hereby adopted by reference and declared to be a part of this chapter. FEMA's most recent FIRM and flood insurance study(on file with the Director) may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. B. Three subdistricts of the FP Overlay District are designated for purposes of flood hazard provisions. 1. -FP1 Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan by the U.S. Army Corps of Engineers. 2. -FP2 Subdistrict shall apply to FIRM areas A, AE,AO, and AH and any other area determined by the Director to be subject to similar flood hazards. 3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area determined by the Director to be subject to similar flood hazard. C. The -FP District boundaries shall be delineated on the Zoning Map by adding a "-FP" designator to the base district designator for the area affected, followed by the appropriate subdistrict designation (1, 2, or 3). 222.06 Definitions Except where the context clearly indicates otherwise, the definitions given in this section shall govern the provisions of this chapter. A. Appeal. A request for review of the Director's interpretation of any provision of this. chapter, or a request for a variance. B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency(FEMA). The base flood depths range from one to three feet; a clearly-defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, AE, V, and VE on the FIRM. D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any given year(also called the 100-year flood). E. Basement. Any area of a building having its floor subgrade on all sides. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 2 of 19 09-2039/37867 LEGISLATIVE DRAFT 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 prepar-afien a additional ffianufaettifed home sites in an existing mafiufaetufed home park e subdivisien beyend these that had been eempleted pfief to the effeetive date of the �r this ehaptef.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 flooding. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 3 of 19 09-2039/37867 LEGISLATIVE DRAFT L. Flood Insurance Rate Map (FIRM) and Weed Boundafy and Floodway Nbp. 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 the-City e€ H„ntingte,, Beae Orange County, CA and Incorporated Areas," prepared by the Federal Emergency Management Agency, providing flood profiles,the Flood Insurance Rate Maps, the Flood B,,,,n y an Fleedway 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_ement. 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: Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 4 of 19 09-2039/37867 LEGISLATIVE DRAFT l. 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. UV. 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. VY. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced. WZ.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. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 5 of 19 09-2039/37867 LEGISLATIVE DRAFT 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 tempo_r_arv_ 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. Y. EE. Start of construction. Includes substantial improvement and other new development and means tThe 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 meansis 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; of does ;t i.,,.'„de the installation of streets and/or walkways; of does it i '„ao excavation for a basement, footings, piers, or foundations ofr the erection of temporary forms; or does :t inel de the installation an pfehe# of accessory buildings, such as garages or sheds that are not occupied as dwelling units or connected tenet paft of 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 6 of 19 09-2039/37867 LEGISLATIVE DRAFT Z: 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. AA.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. designatiAnv 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 feel,,.v., enl eest as the LEt60r-t0-$t}Eh FepairTcE6irsa-crcrrvrr cirienr.zrrth-e whieh indicates the "feplaeemenl eos depreciated value of the structure rim 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. B& II. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 7 of 19 09-2039/37867 LEGISLATIVE DRAFT 222.08 Methods of Reducing Flood Hazards Methods and provisions for reducing flood hazard include: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers,which help accommodate or channel flood waters, D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and F. Any methods and provisions for reducing flood hazard within the coastal zone shall be consistent with the Coastal Conservation District. 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter or another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach, which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 8 of 19 09-2039/37867 LEGISLATIVE DRAFT C. Severability. This chanter and the various parts thereof are hereby declared to be severable. Should anv 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. CE. 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 buildingdevelopment 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 btfildingdevelopment 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 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 9 of 19 09-2039/37867 LEGISLATIVE DRAFT necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 67. Taking action to remedy violations of this chapter as provided in Chapter 249. DF. 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. 222.12 Land Use Controls A. -FPl Subdistrict 1. Permitted Uses a. Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains. b. Agricultural uses which require no permanent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. 2. Uses Requiring_a Conditional Use Permit from the Zoning Administrator a. Minor Utilities. b. Temporary structures which can be readily removed in the time available after flood warning. c. Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails, parking lots, wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures. 3. Uses Requiring a Conditional Use Permit from the Planning Commisssion Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 10 of 19 09-2039/37867 LEGISLATIVE DRAFT a. Major utilities. 4. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause any cumulative increase in the elevation of the design flood water profile by more than one (1) foot at any point, tend to broaden direct flood flows out of the floodway, impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. b. All encroachments, including fill, new construction, substantial improvements, and other development unless a California-registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway. c. Permanent structures. d. Storage of substances or materials capable of floating which could add to the debris load of a flood. e. Storage of chemicals, explosives, flammable liquids,toxic materials, or anything of a nature which could create a potential danger to the public health and welfare. B. -FP2 Subdistrict 1. Permitted Uses a. Excavation and removal of rock, sand gravel, and other materials, providing that the flood-carrying capacity of the watercourse is preserved and the excavation area is designed to receive and release floodwaters, and such excavations will not create a potential hazard to adjacent properties resulting from flood or erosion conditions. b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one (1) foot at any point, or that can fully provide for the design flood by means of watercourse improvements. c. New structures and improvements permitted by the base district or allowed with a conditional use permit including manufactured homes, which comply with the applicable standards of construction of this chapter. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 11 of 19 09-2039/37867 LEGISLATIVE DRAFT 2. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause a cumulative increase in the elevation of the design floodwater profile by more than 1 foot at any point, 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. C. -FP3 Subdistrict All uses permitted or conditionally permitted in the base district with which the -FP3 district is combined are permitted subject to approval of a building permit and compliance with the standards of construction of this chapter, except for the following uses which are prohibited: 1. The placement of manufactured homes except in existing parks or subdivisions. 2. Man-made alteration of sand dunes which would increase potential flood damage. 3. Fill used for structural support of buildings. 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. 1. Anchoring. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 12 of 19 09-2039/37867 LEGISLATIVE DRAFT 3. Elevation and Flood st,-detwe shall have the lowest fleet-; el,,.l;, g basement elevatedone fee t JLl ULJLUl V J11CLiI llil O v UVV V Y:the VUJv iIVVelevation exeept, 1. in an AO zone the lowest fleaf iiieluding basefnepA shall be elevated ene feet .,6 eve the highest .,.1:aee t .Y,ade t ., height e o, ing the deptL, 1VVL UVV V V L11Y,..111�nLJ .,-.b.� -e the FIRM by e feet E) .,t least three (3) foot if deptL, 11 Lull VY.il Vll L11Yr FIRM<iYi V nthmbef is speeifie 2 In aii A the 1 t fleet; el,,, ing baseY„o„t h ll b 1 to feet. 'ei��� Llla,�v wcJCTrvvrTizcn�cz�m�-vu�cnzcnrsriznz v�eri�ucccr-vnc-rvvi above the VUJY: 11VVU elevatien as deteffnined by the _ Uper eempl-etion of the e e,the eleVation E)f the lowest lowe� ee � bz �+ shall ve-Eei Pcr�y=a-carrfe egrsteiea-arcn tcct, e}g3ncr-vim— suneyef. The elev t;ros eermfie uto shall b submitted tv the Drrcct rn. b. Nenfesidential eenst-ftietien shall be either-elevated to eemply with subseetien 3a e stated in subseefien 3a se that the str-uetttfe is wa4effight with wails substai4ially oable t the p ef,,,.,tef and be . pable of resisting L,�,a,-est.,tie .,n 1111�11i1111V(4 V1V LV L31�1JGLJJU�v hydr-ed3-namie leads ande€€e +�yanc n f,, edp e fin g eeffifieate shall evluYl o submitted to the Di t ,itL, fully o elese ., s belew the le west fleet-(exel,,,l;„g base„ en4s)that VY1L11 lull' l�lavlV JiiCT v e selely fef pafking of vehieles, building aeeess er-stefage, and whie fefees on-extefief by allowing€ef the etAfy and exit of ater. A yivYvsuiJ fe is „�:., . o below the 1,,west fleet shall o ee the fell.,,,ing iv3ZT `1 J Be yyl L1i1eU by , (3) Have , ftwe e s 1-,.,,,ing ., tet.,l net area of net loss than . `✓� Have Y�. u uiiiaulzu"' o 0 b, f6r- o e feet of enelesearea „bjeet t fl.,.,, ing sh ll b, J Il LIUl\: 111V111V1 ��� � pfev ded. The better E)f all eperrings-shall be no highefthan ene feet abeve gain. Openings fflay be equipped with sefeens, letwefs, .,.levities p ide ,. ,.the), ,�Y,:t the a t,.,�,a4ie e t,.,, n exit f V�nVpY'p<+a 111�J Vl UV Y3 11VV�� Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 13 of 19 09-2039/37867 LEGISLATIVE DRAFT elevation of the base flood, ,,,-,.] be eensisten with the need*o minimT2 flee afd-ss-. e. All final subdivision plans shall pfevide the elevation of rfopesed stfuetufes-_ and pads. The lowest fleer-and pads shall be eeftified by a Califemi 43. 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. d. All subdivision proposals shall have publie t4ilities eaid f4eilifies sueh as sewef, gas, eleetr4eal and water-systems leeated and eenstfueted in 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 (BFEI. 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 Flood plain Administrator. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 14 of 19 09-2039/37867 LEGISLATIVE DRAFT 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 adeauate 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. 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 15 of 19 09-2039/37867 LEGISLATIVE DRAFT 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 A shall also comply with—FP3 standards for construction. B. -FP2 Standards of Construction 1. Elevation and Floodproofrng. 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 lest 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 I 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 floodproofrng 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 automaticaliv 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: (1) Be certified by a California registered engineer or architect: or Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 16 of 19 09-2039/37867 LEGISLATIVE DRAFT (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. BC. -FP3 Standards of Construction 1. Location of Buildings. a. All new construction shall be located on the landward side of the reach of the mean high tide. 2. Censtfttetien4et-hods: a. Elevation—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. B3.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. within C flood haz U«U LVil shall be fully :,ensed and r a te fbf highway, —,festfieted to a ffiaxiffitim stay an site of 180 days unless the elevatieii and anehor-ing ef Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 17 of 19 09-2039/37867 LEGISLATIVE DRAFT r-eefeational vehieles plaeed in eeastal high hazafd areas (NI afid VE zenes) shall also 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 inter-ie-to be hister-ie, ••«listed o the National Register- 1f Hist, fie Dl., o� 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; Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 18 of 19 09-2039/37867 LEGISLATIVE DRAFT 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility, if applicable; 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; 9. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges. C. Findings. When granting a variance,the Planning Commission shall make the following findings in addition 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 to Impose Additional Conditions. In addition to the authority to impose conditions under Section 241.124;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. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 19 of 19 09-2039/37867 ATTACHMENT #4 --4=477- B. -FP2 Standards of Construction 1. Elevation and Floodproofing. f 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: (3285-7/95, 3334-6/97) 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 (3285-7/95,3334-6/97) 2. In an A zone,the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. (3285-7/95,3334-6/97) Prior to issuance of building permit and prior to building permit final inspection upon eempletio^ of the stnaetufe,the elevation of the lowest floor including basement shall be certified by a California-registered areh�-engineer; or surveyor. The completed FEAM elevation certificates shall be submitted to the Director. (11/97) b. Nonresidential Construction—New construction and substantial improvement of yffLNnonresidential een��structure shall be either elevated to comply with subsection 31a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection 3-la 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 ermit. (11/97) c. Flood Openings- All new construction and substantial improvement of any structure with fully enclosed areas below the Iowest 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 wails by allowing for the entry and exit of floodwater. All proposals for using space below the lowest floor shall exceed the following requirements: (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 (3285-7/95,3334-6/97) (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 Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 16 of 20 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. (3285-7/95) d. All pfelifninafy develepmefA proposals shall identify the flood hazard area,the elevation of the base fleed, and be eensistent with the need to fninimize flood damage. All developments shall provide adequate drainage to reduee exposure €loess: All final 1 t d 1 h 11 •.1 the 1 t f ,1 + t ... All and pads. The lowest floor and pads shall b rtifi ,1 1. a! li f Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 17 of 20 ATTACHMENT #5 FM CITY OF HUNTINGTON BEACH (oL-V)FLOOD VALUATION W®IKSHEET { °1lis worksheet will be revised in the near future based on direction from FEMA. Your project must comply with the valuation figures and methodology in effect for deter-mining Substantial Improvement/Damage at the time you submit for plan review.) New Construction and Substantial Improvement Effective October 15,2001 (Revised February 17,2009) Property Owner: Add,--ss: _ Legal Description: Lot No: Tract No: Flood Zone: Base Flood EIevation/Depth. Finish Floor Elevation Prepared By(city staff only) Date: Existing value per city records: (Do not count detached structures Verify permits were finalled.) sq.ft.Residential area $90.60/sq.ft. =$ sq.ft.Attached Garage area $40.00/sq.ft. =$ sq. ft.Attached Open Carport $15.00/sq.ft. _$ sq. ft.Attached Patio Cover(open) $14.00/sq.ft. _$ sq. ft.Attached Enclosed Patio $26.00/sq. ft- sq. ft.Attached Balcony/Solid Patio Cover $15.00/sq.ft. _$ sq. ft.Attached Uncovered rooftop deck $15.00/sq.ft. _$ TOTAL VALUATION' _$ Substantial improvement Maximum value increase shall not equal or exceed 50%of the Total Valuation. MAXIMUM VALUE INCREASE (Maximum cost of construction)= $ (Total Valuation x 50%less$1) Proposed valuer sq. ft_Residential area addition $90.60/sq. ft. =$ sq. ft.Residential area remodel(e.g.raising roofi`walls) $90.60/sq.ft. _$ ft.Attached Garage area $40.00/sq.ft. =$ sq. ft. Attached Open Carport $15.00/sq.ft. =$ sq. ft.Attached Patio Cover(open) $14.00/sq. ft. =$ sq.ft. Attached Enclosed Patio $26.00/sq. ft. sq. ft. Attached Balcony/Solid Patio Cover $I5.00/sq.ft. _$ sq. ft.Attached Uncovered rooftop deck $15.00/sq.ft. =$ TOTAL VALUATION =$ As an alternate,a report from a qualified real estate appraiser may be submitted which indicates the depreciated value of the structure. The appraisal must be dated within 90 days of plan check submittal to the City to be acceptable.G:AFORMS''',PLANNING\Flood work /�Sheet 021709.doc ATTACHMENT NO, 9/8/2009 ATTACHMENT #6 Flood Hazard Areas 100 & 500 Year Flood City of Huntington .Beach u7 -a m Bolsa Ave. 69 ;b r -o McFadden Ave � � r.I ' 's McFadden ave. Edinger Ave. Edinger Ave. t sm Heil Ave. Warner Ave. Ex Slater Ave. 2 cc c Talbert Ave. Cl 0 Od to s�y�y Ellis Ave @ L rK C L 0 z: N Co m Ave ve. Flood Zones d � A A I F' s C _q I :Q I � - VE 1 A - ! olis Ave. ShadedX121! $s - r% Unshaded X Atlanta Ave. ko ' I 5'. h € FLOOD ZONES ilton Ave. A - No Base Flood Elevations Determined j AE -Base Flood Elevations Determined � VE -Coastal Flood Zone with Velocity Hazard I " Banning Ave. Shaded X -Areas of 500 Year Flood;Areas of 100 Year Flood with Average Depth Less Than l 1 Foot;Areas Protected by Levees from 100 Year Flood L------ � Unshaded X -Areas Outside of 500 Year Flood I -11 I Affected Area of Change ---j NOTE:THIS MAP IS AN APPROXIMATION ONLY. Community Number:065034 PLEASE CONSULT THE ACTUAL FLOOD MAP AT Source:Federal Emergency Management Agency 2-18-04,10-21-04,4-13-05,7-30-07, CITY HALL OR AT WWW.FEMA.GOV TO DETERMINE 03-30-09 LOMR FLOOD ZONE. ATTACHME NT #7 City ofp�Iuntir�gton Bench ]'' nming..I)epartanent �J STAFF REPORT.. HUNTINGTON BEACH - - - - - TO: Planning Commission FROM: Scott Hess, AICP,Director of Planning BY: Ricky Ramos, Senior Planner DATE: September 22,2009 SUBJECT: ZONING TEXT AMENDMENT NO.09-001 (FLOOD ORDINANCE REVISIONS) APPLICANT: City of Huntington Beach, 2000 Main Street,Huntington Beach, CA 92648 PROPERTY OWNER: Not applicable LOCATION: Citywide STATEMENT OF ISSUE: e Zoning Text Amendment No. 09-001 request: - Amend Chapter 222 (Floodplain Overlay District) of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to bring it into compliance with Federal Emergency Management Agency(FEMA)requirements. - The proposed amendment would,among others,clarify and supplement definitions and standards of construction. Staff s Recommendation: Approve Zoning Text Amendment No. 09-001 based upon the following: -- The proposed amendment will bring the City's flood ordinance into compliance with FEMA requirements with the ultimate goal of increasing flood protection and minimizing loss. - It will enable the city to continue to be a part of the National Flood Insurance Program (NFIP) which provides flood insurance to participating communities. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 09-001 with findings (Attachment No. 1) and forward the draft ordinance (Attachment No. 2)to the City Council for adoption." #B-1 - ALTERNATIVE ACTIONN: The Planning Commission may take alternative actions such as: A. "Continue Zoning Text Amendment No. 09-001 and direct staff accordingly." B. "Deny Zoning Text Amendment No. 09-001 with findings for denial." Continuation of the request will prohibit the City from meeting FEMA's December 3, 2009 deadline for the ordinance effective date. Denial of the request will jeopardize the City's standing with the NFIP. PROJECT PROPOSAL: Zoning Text Amendment(ZTA)No.No. 09-001 represents a request pursuant to Chapter 247 to amend Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO) to bring it into compliance with FEMA requirements. The main amendments include: ■ Adding Statutory Authorization (Section 222.01,Attachment No. 3.1); ■ Adding or revising various definitions (Section 222.06,Attachment Nos. 3.2-3.7); ■ Revising Substantial Improvement definition to reflect depreciation in determining market value of a structure(Section 222.06(HH),Attachment No. 3.7); ■ Adding Severability(Section 222.10(C),Attachment No.3.9); • Designating the Floodplain Administrator and clarifying director responsibilities(Sections 222.10(D)and (E),Attachment No. 3.9); ® Reorganizing,clarifying, and supplementing Standards of Construction(Section 222.14, Attachment Nos. 3.12-3.18); and • Minor modifications to Variance/Appeals(Section 222.16,Attachment Nos. 3.18-3.19). .Background: The City has participated in the NFIP since 1983. FEMA conducts an audit of the City's #loodplain management program every three to five years to make sure the City is meeting NFIP requirements. The most recent audit was conducted in September 2008. One of the outcomes of the audit was a requirement to revise the flood ordinance as noted above. ISSUES: Subiect Property And Surrounding Land Use,Zoning And General Plan Designations: ZTA No. 09-001 is applicable to all properties in the city that are in the flood zone. PC Staff Report—09/22/09 2 (09SR57 ZTA 09-00I) General Plan Conformance: The proposed project is consistent with the goals,objectives,and policies of the City's General Plan as follows: Goal EH 4—Eliminate,to the greatest degree possible,the risk from flood hazards to life,property,public investment and social order in the City of Huntington Beach. Obiective EH 4.1 —Ensure that the City's flood prevention standards and practices provide satisfactory safeguards for public and private development. Policy EH 4.1.2—Establish and enforce standards which minimize financial loss and maximize protection of residents and business owners' property. The proposed amendment will bring the City's flood ordinance into compliance with FEMA requirements with the ultimate goal of increasing flood protection and minimizing loss. Zoning Compliance: Not applicable. Urban Design Guidelines Conformance: Not applicable. Environmental Status: ZTA No. 09-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,which supplements the California Environmental Quality Act because the request is a minor amendment to a zoning ordinance that does not change the development standards density or intensity. Coastal Status: The proposed amendment will be combined with other minor amendments that will be forwarded to the.California Coastal Commission as a minor Local Coastal Program Amendment for certification. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The proposed amendments to the City's existing ordinance were prepared with input from the City Attorney's Office. The amendments do not affect the operations or services of other city departments. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on September 10, 2009, and notices were sent to individuals/organizations requesting notification (Planning Department's PC Staff Report—09/22/09 3 (09SR57 ZTA 09-001) - Notification Matrix). As of September 15, 2009,no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): August 20, 2009 Not Applicable. ANALYSIS: The proposed revisions to the existing flood ordinance are primarily the result of specific requirements from FEMA as well as a few clarifications recommended by staff. The following analysis examines the various components of the ZTA: Substantial Improvement The most significant revision to the ordinance is outlined in Section 222.06(Definitions), item HH (Substantial Improvement)and affects how structures are valued,which ultimately modifies the extent of changes that property owners can make to their structures without having to comply with specific standards of construction(see Section 222.14). By way of background,any structure in the 100-year flood zone that is modified such that it meets the definition of substantial improvement must either be elevated or floodproofed(nonresidential structures only). Because it is often difficult for an existing structure to comply with these requirements most property owners limit their proposed additions and improvements to not exceed the substantial improvement limit. In order to determine what constitutes substantial improvement, FEMA requires a definition for market value of the existing structure prior to any modifications. In addition, a cost for the proposed modifications must be provided. In simple terms, substantial improvement occurs when the cost of the modifications equals or exceeds 50 percent of the market value of the structure prior to any modifications. Under the existing flood ordinance,the market value of a structure was determined by either using standard valuation figures per square foot or an appraisal. The cost of the proposed modifications was determined by using the same valuation figures used to determine market value. A recent version of the City's flood valuation worksheet illustrates how the valuation process once typically worked (Attachment No. 5). Using the same valuation figure per square foot for both the existing structure and for the improvements essentially means only comparing square footage,which is no longer acceptable to FEMA. As part of the ordinance revisions, FEMA is now requiring that the market value of the existing structure account for depreciation. FEMA is also requiring the city to increase the valuation figures per square foot used to determine the cost of proposed modifications to reflect current construction costs. These changes will result in further limitations on the size and scope of proposed additions or modifications to existing structures located in the flood zone without triggering compliance with specific standards of construction. PC Staff Report—09/22/09 4 (09SR57 ZTA 09-001) In the interim,while the City awaits final determination from FEMA,the flood valuation worksheet has been revised to require an appraisal to determine market value of the existing structure and to use Building Department valuation or an itemized contractor's estimate to determine the cost of improvements. Standards of Construction The second most significant revision is outlined in Section 222.14(Development Standards and Standards of Construction). The revisions include specifying additional standards for subdivisions and other developments which the Planning Department has already required on prior projects(e.g.providing base flood elevation information, elevation of lowest floors, etc.) and reorganizing the information to clearly specify which requirements apply to specific flood zones/overlays. Other Revisions The rest of the revisions are more minor housekeeping items needed to provide clarification and ensure the ordinance contains the provisions required by FEMA. These revisions include: 1. Adding Statutory Authorization(Section 222.01,Attachment No. 3.1); 2. Adding or revising various definitions(Section 222.06,Attachment Nos. 3.2-3.7); 3. Adding Severability(Section 222.10(C),Attachment No. 3.9); 4. Designating Floodplain Administrator and clarifying director responsibilities(Sections 222.10(D) and(E),Attachment No. 3.9); and 5. Minor modifications to Variance/Appeals(Section 222.16,Attachment Nos. 3.18-3.19)by, among others, deleting information regarding historic structures already covered in Definitions Section. ZTA No. 09-001 is consistent with the goals,objectives, and policies in the General Plan. It will bring the City's flood ordinance into compliance with FEMA requirements with the ultimate goal of increasing flood protection and minimizing loss. It will not affect the zoning of any property or the allowed uses and development standards of any zoning district. Finally, its adoption will enable the city to continue to be a part of the National Flood Insurance Program. Based on these points, staff is recommending approval of the text amendment. ATTACHMENTS: Copy of ttial o --6. peed I4a,%fds-A-eas- 100 & 500 Yeaf mead—Rea eed Ma SH:MBB:RR PC Staff Report—09/22/09 5 (09SR57 ZTA 09-001) ATTACHMENT #8 Zoning Text Amendment No. 09-001 L ,ili us f ;`,. � tie ■ Flood Ordinance BACKGROUND ■ City participant in National Flood Insurance Program (NFIP) since 1980s. ■ Federal Emergency Management Agency (FEMA) conducts audits to verify compliance. ■ Recent FEMA audit in Sept. 2008. ■ Flood ordinance revisions required. 1 AMENDMENT Ordinance revisions contain standard language from CA model ordinance and include: 1. New/revised definitions; 2. Depreciation in market value; 3. Reorganized and added construction standards; 4. Clarified Director responsibilities; 5. Other minor modifications to comply with FEMA. ANALYSIS ■ Revisions are consistent with General Plan goals, objectives, and policies. • In compliance with FEMA. • Increase protection and minimize loss. 2 RECOMMENDATION Planning Commission and staff recommend approval of ZTA No. 09-001 with findings. EN ® 3 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Approve Zoning Text Amendment No. 09-001 (Flood Ordinance Revisions) COUNCIL MEETING DATE: October 19, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the CityAttome Attached El pproved y y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑ Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Report applicable)If a Attached ❑ p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION'FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDIED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF'ITEM : RCA Author. SH:MBB:RR City of Huntington Beach ,r 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK NOTICE OF ACTION October 21, 2009 Planning Department City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SUBJECT: ZONING TEXT AMENDMENT NO. 09-001 AMENDING CHAPTER 222 OF THE ZONING AND SUBDIVISION ORDINANCE.RELATING TO THE FLOODPLAIN OVERLAY DISTRICT (-FP1, -FP2, -FP3) APPLICANT: City of Huntington Beach Planning Department 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To amend Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to bring it into compliance with Federal Emergency Management Agency (FEMA) requirements. The proposed amendment would, among others, clarify and supplement definitions and standards of construction. LOCATION: Citywide DATE OF ACTION: October 19, 2009 On Monday, October 19, 2009 the City Council of the City of Huntington Beach took action on your application and approved Zoning Text Amendment No. 09-001 with Findings for Approval, and approved for introduction Ordinance No. 3845 amending Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance relating to the Floodplain Overlay District (-FP1, -FP2, -FP3). Attached to this letter are the Findings for Approval for ZTA 09-001, a draft copy of Ordinance No. 3845, and pages 3 and 4 of the City Council Action Agenda relating to this item. If you have any questions, please contact Ricky Ramos, Senior Planner at (714) 536-5624, or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, ban L. yn , ACT"C) City Clerk JM:pe Attachments - Findings for Approval, draft copies of Ordinance No. 3845 Action Agenda pages 3 and 4 Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227) FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 09-001 FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 09-001: 1. Zoning Text Amendment No. 09-001 amends Chapter 222 (Floodplain Overlay District) by, among others, clarifying and supplementing definitions and standards of construction. It is consistent with the goals, objectives, policies, and programs specified in the General Plan including: a. Goal EH 4— Eliminate, to the greatest degree possible, the risk from flood hazards to life, property, public investment and social order in the City of Huntington Beach. b. Objective EH 4.1 — Ensure that the City's flood prevention standards and practices provide satisfactory safeguards for public and private development. c. Policy EH 4.1.2 — Establish and enforce standards which minimize financial loss and maximize protection of residents and business owners' property. The proposed amendment will bring the City's flood ordinance into compliance with FEMA requirements with the ultimate goal of increasing flood protection and minimizing loss. 2. In the case of a general land use provision, the change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. Zoning Text Amendment No. 09-001 will revise the citywide flood ordinance. It will not affect the zoning of any property or the allowed uses and development standards of any zoning district. 3. A community need is demonstrated for the change proposed because Zoning Text Amendment No. 09-001 is necessary to comply with FEMA requirements which will enable the city to continue to be a part of the National Flood Insurance Program. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because Zoning Text Amendment No. 09-001 will ultimately increase flood protection and minimize loss. In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. ANNOUNCEMENT OF LATE COMMUNICATION City Clerk Joan L. Flynn announced Late Communications - #4, #14, #15, #17 AWARDS AND PRESENTATIONS Mayor's Award - Mayor Bohr to call on Library Director Stephanie Beverage to present the Mayor's Award to Children's and Branch Services Coordinator Nanci Williams. PUBLIC COMMENTS (3 Minute Time Limit) 6 Speakers COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING CITY ADMINISTRATOR'S REPORT CITY TREASURER'S REPORT 1. (City Council) Review and accept Shari L. Freidenrich, City Treasurer's Investment Summary Report of City Investment Portfolio, Bond Proceeds, Deferred Compensation, and Retiree Medical Trust Activity for August 2009. Recommended Action: Review and accept the Monthly Investment Report. Following review of the report by motion of Council, accept the Monthly Investment Report for August 2009, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Approved 6-0-1 (Hardy absent) PUBLIC HEARING 2. (City Council) Public hearing to consider Zoning Text Amendment (ZTA) No. 09-001 and approve for introduction Ordinance No. 3845 amending Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) relating to the Floodplain Overlay District, bringing the City's flood ordinance into compliance with Federal Emergency Management Agency (FEMA) requirements. Recommended Action: Approve Zoning Text Amendment No. 09-001 with Findings for Approval, and approve for introduction Ordinance No. 3845, "An Ordinance of the City of Council/Agency Action Agenda—Monday, October 19, 2009 -3- Huntington Beach Amending Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance Relating to the Floodplain Overlay District (-FP1, -FP2, -FP3)." No Public Comments No Late Communications Approved 6-0-1 (Hardy absent) CONSENT CALENDAR - (Items #3 through #19) 3. (City Council/Redevelopment Agency) Approve and adopt minutes. Recommended Action: Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of September 21, 2009, and the regular meeting of October 5, 2009 as written and on file in the Office of the City Clerk. Approved 6-0-1 (Hardy absent) 4. (City Council/Redevelopment Agency) Adopt Redevelopment Agency Resolution No. 378 amending the Agency debt pursuant to the Operative Agreement between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach for the Huntington Beach Redevelopment Project (HBRP) and the Cooperation Agreement between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach regarding Capital Improvements related to the Southeast Coastal Project (SCRP) Area. Redevelopment Agency Recommended Action: Adopt Resolution No. 378, "A Resolution of the Redevelopment Agency of the City of Huntington Beach Amending the Agency Debt Pursuant to the Operative Agreement Between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach for the Huntington Beach Redevelopment Project, and the Cooperation Agreement Between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach Regarding Certain Capital Improvements Within, or of Benefit to, the Southeast Coastal Redevelopment Project." Approved 6-0-1 (Hardy absent) 5. (City Council) Approve and authorize the Mayor and City Clerk to approve, accept and execute an Easement Deed from the County of Orange for permanent access rights, future street construction, and maintenance purposes on property that stretches from the Old Gothard Landfill Site to the former gun range. Recommended Action: Approve and authorize the Mayor and City Clerk to execute and accept the Easement Deed from the County of Orange. Approved 6-0-1 (Hardy absent) 6. (City Council) City of Huntington Beach Strategic Plan Objectives Update. Council/Agency Action Agenda—Monday, October 19, 2009 -4- ORDINANCE NO. 3845 IDFDI?APr 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). 09-2039/38176 1 Ordinance No.3845 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. 1. 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 flooding. 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. 09-2039/38176 2 Ordinance No.3845 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 management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control. P. Floodplain management regulations. Zoning and subdivision ordinances, building codes,health regulations, special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents. Floodproofing techniques are further described in FEMA Technical bulletins 1-93, 3-93, and 7-93. R. F000dway. 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: 09-2039/38176 3 Ordinance No.3845 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. 09-2039/38176 4 Ordinance No.3845 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. 09-2039/38176 5 Ordinance No.3845 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. II. 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 09-2039/38176 6 Ordinance No.3845 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 A 1-30 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 09-2039/38176 7 Ordinance No.3845 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 F000dplain 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. 09-2039/38176 8 Ordinance No.3845 L Anchoriniz. 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: I. 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: 09-2039/38176 9 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, I 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. 09-2039/38176 10 Ordinance No.3845 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. -FP2 Standards of Construction 1. Elevation and F000dproofing. 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 I 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: 09-2039/38176 11 Ordinance No.3845 (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. -JFP3 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: 09-2039/38]76 12 Ordinance No.3 845 222.16 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; 09-2039/38176 13 Ordinance No.3845 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 to Impose 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. 09-2039/38176 14 Ordinance No.3845 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 day of , 200_ Mayor ATTEST: APPROVED AS TO FORM: City Clerk C Attorney REVIE A APPROVED: INITIA D AND APPROVED: Ci inistrator Director J Pl ring 09-2039/38176 15 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior NOTICE OF PUBLI(HEARING '1 Court of Orange County, State of California,under date of Aug. 24, 1994,case NOTICE THE(ITICIHEACOUNCIL A50479. OF THE CITY OF HUNTINGTON BEACH i PROOF OF NOTICE IS HEREBY ! GIVEN that on Monday, .' October 19„ 2009, at PUBLICATION 6:00 ,p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a,public hear- ing 'on the following STATE OF CALIFORNIA ) planning and zoning items: ❑ 1. ZONING TEXT SS. AMENDMENT NO. 09- AT �7 001 (FLOOD, ORDI- Ap- COUNT I OF ORANGE ) Fill NANfE REVISIONS)- -of of j Huntington Beach Re- quest: To amend Chap- ter 222 of the Hunting- am the Citizen of the United States and a ton Beach Zoning and Subdivision Ordinance resident of the County aforesaid; I am over (HBZSO)to bring it into compliance with Federal the age of eighteen years, and not a art Emergency Management p Y Agency (FEMA) I to or interested in the below entitled matter. pose,requirements. The amendment ;posed amendment am a principal clerk of the HUNTINGTON would, among others, 'clarify and supplement BEACH INDEPENDENT, a news a er of definitions and tan - on. p Bards of constructiti on.. , general circulation, printed and published in Location: Citywide Protect Planner: Ricky � the Cit of Huntington Beach Count of Ramos Y g , Y NOTICE IS'.HEREBY Orange, State of California, and the GIVEN that Item exempt categorically exempt attached Notice is a true and complete co from the proves nvirbnf p copy the California Envir,oh- as was printed and published on .the mental Quality Act NOTICE, IS .HEREBY fOIIOWIng date(s): GIVEN that Item #1' will require a Local Coastal Program Amendment certified by the Califor- nia Coastal Commission. ON FILE: A copy of the proposed request is.on file in the Planning De- partment, 2000 Main , Street, Huntington October 8 2009 Beach, California 92648, for inspection by.the public. A copy of the staff .report will be available to.interested parties at the- City Clerk's Office on Thursday, October 15, 2009. ALL INTERESTED PER- SONS are invited to'at- tend said hearing and express opinions or sub- declare, under penalty of perjurer, that the !mit evidence for or foregoing is true and correct. against-the abovapple. If yoou as outlined above.If challenge the City Coun- cil's action in court,you may be limited to rais- ing only those issues you or someone else Executed on October 8, 2009 i raised at the public hearing described in this at Costa Mesa, California notice;or in written cor- respondence delivered to the City at, or prior to,the public hearing. If . there are any, further questions please call the Planning Department at 536-5271 and refer. to Signature the above items. Direct your written communi- cations to the City Clerk Joan L.Flynn,City Clerk City, of Huntington 'Beach 2000 Main Street,, 2nd Floor Huntington Beach,' California 92648 (714)536-5227 Published Huntington Beach Independent Oc- tober8,2009 1002-931 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior ---- Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. NOTICE OF PUBLIC HEARING: BEFORE THE CITY COUNCIL OF THE CITY OF . PROOF OF HUNTINGTON BEACH NOTICE IS HEREBY PUBLICATION :GIVEN that on Monday, October 19,' 2009, at i6:00 p.m:'in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council (will hold a public hear- STATE OF CALIFORNIA ) ipla on the following planning and zoning SS. Ii 1. !O -1: ZONING TEXT n �7r �001 N(FLOODMENT N ORDI- COUNTY ®F Olet�l�l ATE ) (NANCE REVISIONS)Ap- plicant: City of (Huntington, Beach Re- quest: To amend Chap-, am the Citizen of the United States and a ter 222 of the Hunting- ton Beach Zoning and resident of the County aforesaid; I am over (Subdivision Ordinance l(HSZSO)to bring it into the age of eighteen years, and not a party compliance with Federal !Eme-rgency Management to or Interested In the below entitled matter. .Age n c y (F E M A) ;requirements' The pro- I am a principal clerk of the HUNTINGTON posed amendment }would, among others; BEACH INDEPENDENT, a newspaper of :clarify and supplemgnt +definitions and 'stan- general circulation, printed and published in ;dards of construction. Location: Citywide the City of Huntington Beach, County of I Prole'd Planner: Ricky Ramos Orange, State of California, and the l NOTICE IS HEREBY iGIVEN that Item #1 is attached Notice is a true and complete copy (categorically exempt as was printed and published on the. Ill from the proviEons'of the California Environ- mental date(s): mental Quality NOTICE ,IS' HE HEREBY ; GIVEN;that Item #1 will Irequire`,a Local Coastal Program Amendment certified by.the Califor- y'nia Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning De- October 8, 2009 trtrrent,' 2000 Main !Street, Huntington i Beach, California 92648, "for inspection by the public. A copy 'of the staff report will be available to interested parties at the, City Clerk's -Office on 'Thursday, October'.15, 12009: I ALL.INTERESTED PER- 'SONS are invited to at- declare, under penalty of perjury, that the at- tend pinions hearingid sub. foregoing is true and correct. against evidence for or against the application as outlined above.If you challenge the City Coun- I cil's action in court,you I may be limited to rais- Executed on October 8, 2009 ing only those issuee 'you or .someone elslse ; raised at the public ; at Costa Mesa, California hearing described in this notice,or in written cor- respondence delivered to.the City at, or prior to,the public hearing. If ` there are any further questions please call the Planning Department at Signature' 536-5271 and refer to the above items. Direct your written communi- cations to the City Clerk Joan L.Flynn,City Clerk City of Huntington Beach , 1 2000 Main Street, 2nd Floor ' Huntington Beach, I, California 92648 1 '(714)536-5227 Published Huntington Beach Independent Oc- tober 8,2009 1002-.931 , NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, October 19, 2009, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 09-001 (FLOOD ORDINANCE REVISIONSI Applicant: City of Huntington Beach Request: To amend Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to bring it into compliance with Federal Emergency Management Agency (FEMA) requirements. The proposed amendment would, among others, clarify and supplement definitions and standards of construction. Location: Citywide Project Planner: Ricky Ramos NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, October 15, 2009. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 G:ALEGALS\CITY COUNCIL\2009\091019(ZTA 09-001 Plood).DOC Easy Peel®Labels A ® Bend along line to i ��' �� RV® 5960TM i Use Avery®Template 51600 Feed Paper ® expose Pop-Up EdgeTM J ( o r—Z �c�''J A President O Hun on Harbor POA 10 Sue Jo on 16 H.B.Chamber of Commerce P.O_Box 19671 Quiet Lane 19891 Beach Blvd_,Ste. 140 Sunset Beach,C 90742 Huntington Beach, 92648 Huntington Beach,CA 92648 Dave Stefanides Orange County Assoc.of Realtors 25552 La Paz Road Laguna Hills,CA 92653 President 3 ,Jeffrey M.Oderman Z2 Pacific Coast Archaeological 18 Anfigms De Bolsa Chica RUTAN&TUCKER,LLP Society, c_ P.O. Box 63 611 Anton Blvd.,14'hFloor P_O_ Box 10 Huntington Bea CA 92647 Costa Mesa CA 92626-1950 Costa Mesa,CA 9 7 Attn:Jane Gothold Sufts1b each Community Assoc_ 4 Pres.,H.B. Hist Society �3 Directo 19 Pat Thies, sident C/O Newland House Museum O.C_Plug ev_Services Dept PO Box 215 19820 Beach Blvd_ P.O.Box 4048 Sunset Beach,CA 9 42-0215 Huntington Beach,CA 92648 Santa Ana,CA 92702 48 President �5 Community Services Dept 1�n Bryan S e 19 Huntington Beach Tomorrow Chairperson O_C_Resourc Develop.Mgt_Dept.. PO Box 865 Historical Resources Bd. P.O.Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4 48 Julie Vandermost 6 Co on Aging 15 PI Director 20 BIA-OC 1706 Oran ve. City of Cos esa 17744 Sky Park Circle,#170 Huntington Beac A 92648 P.O_Box 1200 Irvine CA 92614-4441 Costa Mesa,CA 926 8-1200 Richard Spicer 7 Jeff tzel 16 Planning Director 21 SCA Seacliff City of fain Valley 818 West 12th Floor 19391 Shady H r Circle 10200 Slater Av _ Los Angeles, 0017 Huntington Beach, 92648 Fountain Valley,CA 2708 Jean Kimbrell D8 John Roe 16 PI g Director 22 c/o E.T.I.Corral 100 Seacli OA City o ort Beach 20292 Eastwood Cir. 19382 Surd e P.O. Box 176 Huntington Beach,CA 92646 Huntington Beach, A 92648 Newport Beach,C 663-8915 Dave Guido annone 16 PI Director 23 Environmental Board Chairman Seacliff City LW ster21241 Cochlea Lane 19821Ocean Circle 8200stminstivd. Huntington Beach,CA 92646 Huntington Bach 92648 Wesster,CA 926 3 P Director 24 Nancy Sebring 31 HB Hamptons HOA 38 City of Se Ocean i Elementary School District Progressiv ommusuty Mgmt. 211 Eight SCS9 17200 Pinehurs e 27405 Puerta Re #300 Seal Beach, 40 Huntington Beach 647 Mission Viejo,CA 92 1 9tiquettes faciles A peter ; ® Repliez 6 la hachure afin de; www.avery.com Utilisez le gabarit AVERY®51600 Sens de., r6v6ler le rebord Pop-UpTM ; 1-800-GO-AVERY 11 Easy Peel®Labels i ♦ ® Bend along line to Zt� AVERY® 5960T"" i Use Avery®Template 51600 1 Feed Paper ® expose Pop-Up EdgeT. 2e�L U 1 California Coastal Commission Clark Hamp on 32 Sally Gr am 39 Theresa Henry Westminste School District Meadowl Area South Coast Area Office 14121 Ced wood Avenue 5161 Gel ' g Circle 200 Oceangate,loth Floor Westminste CA 92683 Huntingt Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission �5 Stephen Ri r 33 Cheryle B caning 39 South Coast Area Office HB Union gh School Disrict Meadowl Area 200 Oceangate,loth Floor 5832 Bolsa venue 16771 R evelt Lane Long Beach,CA 92802-4302 Huntington each,CA 92649 Huntingto Beach,CA 92649 Ryan P.Chamberlain 26 a / Ol��9 Hearthside Homes 0 Caltrans istrict 12 6 Executive Circle,Suite 250 3337 Mic elson Drive,Suite 380 Z T/ / ©g —00/ Irvine,CA 92614 Irvine,C 92612-1699 Director 27 Goldenwest College 35 Bolsa Chica and Trust 41 Local Soli Waste Enf.Agy_ Attw Fred ens 52001 Avenue,Ste. 108 O.0 Heal h Care Agency 15744 Gold nest St. Huntington Beach,CA 92649 P.O.Box 55 Huntington each CA 92647 Santa Ana CA 92702 New Gro th Coordinator 28 OC County Harbors,Beach 36 Bolsa Chic Land Trust 41 Huntingto i Beach Post Office and Parks Dept Evan He ,President 6771 Wan Ler Ave. P.O.Box 4 048 1812 Port Tiffin Place Huntingto Beach,CA 92647 Santa Ana, A 927024048 Newport B ach,CA 92660 Marc Eck r 29 Bella Terra all 37 Fountain alley Elem.School Dist_ Attu:Pat R rs-Laude 10055 Sla r Avenue 7777 Edin r Ave- #300 Fountain alley CA 92708 Huntington each CA 92647 Dr.Gary utherford,Super. 30 Country Vie Estates HOA 38 OC Sanita on District 42 HB City ementary School Dist. Carrie Tho as 10844 Elli Avenue 20451 Cr ' er Lane 6642 Trotte Drive Fountain alley CA 92708 Huntingt Beach,CA 92648 Huntington each CA 92648 David Pe 30 Country Vie Estates HOA 38 Eric Pend graft,Plant Manager 42 HB City ementary, School Dist Gerald Chap an AES Hun gton Beach,LLC 20451 Cr ' er Lane 6742 Shire C rcle 21730 Ne land Street Huntingt Beach,CA 92648 Huntington each CA 92648 Huntingt n Beach CA 92646 Richard Lo 42 Huntington F each Girls Softball* 47 AYSO Re 'on 56 47 9062 Kahuli 6 Drive Mike Erickso Commissi ner John Gray Huntington Beach CA 92646 P.O_Box 394 3 9522 Smo ey Circle Huntington F each,CA 92605-3943 Huntingto Beach,CA 92646 John Ely 42 AYSO Regio 117 47 AYSO Re -on 55 47 22102 Rock ort Lane ,John Almanz Commissi ner Russ Marlow Huntington each CA 92646 19961 Bushat St. 18111 Bre twell Circle Fountain Valley,CA 92708 Huntingto Beach,CA 92647 Nqutetbes fadles 6 peter ; ® Repllez 3 la hachure afro de; www.avery.com ® Sens de " 1-800-GO-AVERY Utilisez le gabarit AVERY®5160 , rharnomonf r6v6ler le rebord Pop-Up , i CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: a-t .}�v-'�r�+ ��� r No. ovi-©®l DEPARTMENT. t MEETING DATE: 1�' om► v5 c CO ACT: �t �� PHONE: N/A YES NO ( ) ( ) Is the notice attached? ( ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,day and time of the public hearing correct? ( ( ) ( ) If an appeal,is the appeicant's name included in the notice? If Coastal Development Pen-nit does the notice include appeal language? ( ) �O ': (XX Is there an Environmental Status to be approved by Council? ( ( ) ( ) Is a map attached for publication? ( ) ( ) Is a larger ad required? Size Is the verification statement attached indicating the source and accuracy of the mailing list? L454W4 1'-t4PAPA;) ?ap�l4�.� IN4 Porr. � l-'It owl ( ) ( ) Are the applicant's name and address part of the mailing labels? C,rr-1 Vs .A"tA cAV-4r Are the appellant's name and address part of the mailing labels? p (>) C ( ) If Coastal Development Permit,is the Coastal Commission part of the mailing labels? ( <) ( ) ( ) If Coastal Development Permit,are the resident labels attached? ( ( ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only) Pleas complete the following: i � 1. Minimum days from publication to hearing date �lela 00 2. Number of times to be published 1 3. Number of days between publications ' 21