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HomeMy WebLinkAboutFloodplain District Regulations - Code Amendment 80-6 - Ordi REQUE OR CITY COUNCI CTION' Date April 24 , 1981 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson,, City Administrator/ " Prepared by: Development Services Department <9 Subject: CODE AMENDMENT 80-6 - "FLOODPLAIN DISTRICT REGULATIONS" Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: . STATEMENT OF ISSUE: Attached is a draft ordinance which will constitute an amendment to the Huntington Beach Ordinance Code by adding new Article 969 . 6 entitled "Floodplain District Regulations. This ordinance will allow the suffix -FP1 to be added to the existing base zoning districts on a State-owned 12-acre site at the mouth of the Santa Ana River Channel (Figure 1) . The subject property has been designated as a right-of-way necessary for implementation of the Santa Ana River Channel Plan, as identified in the U.S. Army Corps of Engineers ' Phase I General Design Memorandum. The purpose of the -FP1 suffix will be to prohibit permanent structures and other non-open space uses in. a designated or .proposed floodway. RECOMMENDATION: ` Establish Article 969 . 6 entitled "Floodplain District Regulations" ' by approving Code Amendment 80-6 and adopting the attached ordinance. Direct staff to initiate action to apply the -FP1 suffix to property at the mouth of the Santa Ana River. ANALYSIS: This proposed ordinance concerns the Santa Ana River federal project and the need for cities through which the project passes to adopt flood plain regulations, within the project boundaries, in order to comply with the requirements of the State ' s Cobey- Alquist Act. The State has informed the Orange County Environ- mental- Management Agency that all involved cities have until October 1, 1981 to adopt such regulations . In its Phase I General Design Memorandum, the U.S. Army Corps of Engineers identified the realignment of the Talbert Flood Control Channel at the mouth of the Santa Ana River as an integral part of the federal flood control project. It will eventually be the responsibility of the Orange County Flood Control District to purchase the rights-of-way for such portions .of the project. Under the Cobey-Alquist Act, state subventions will pay for the majority of those acquisition costs, but only if flood plain zoning is enacted for the property now to keep the value from indreasing due to improvements which otherwise might be Constructed. PIO 4/81 n u RCA-FLOODPLAIN DISTRICT April 24 , 1981 Page 2 The property involved in Huntington Beach is presently owned by the State. The general plan designation is split between Planning Reserve on the inland side of Pacific Coast Highway and Open Space on the ocean side. The zoning districts are LUD and CF-R respectively. Existing uses on the property are limited to portions of the Talbert Flood Control Channel, Pacific Coast. Highway, Huntington State Beach and the State Least Tern .-Nesting Sanctuary; all of which are permitted uses under the proposed -FP1 suffix. Additionally, on December 1, 1980 , Council passed and adopted Resolution No. 4948 urging implementation of the Santa Ana River Flood Protection Project and community support thereof. In view of these considerations, staff recommends adoption of Article 969 . 6 "Floodplain District Regulations. " After adoption of the ordinance, the -FP1 suffix will be applied to the subject property in a separate action to be initiated by staff. ADDITIONAL CONSIDERATIONS: The City currently participates in the National Flood Insurance Program. As part of that program, the Federal Emergency Manage- ment Agency is in the process of preparing final Flood Insurance Rate Maps for the City which will show detailed flood surface elevation data. When the maps are complete .this summer, the City will have six months in which to adopt additional flood plain regulations for those areas identified as flood hazards on the maps. The proposed Article 969 . 6 "Floodplain District Regulations" has been designed to serve as a base to which the additional suffixes, -FP2 and -FP3, can be added when required under the National Flood Insurance Program. The -FP2 suffix will require that new structures in flood hazard areas have the first habitable floor elevated above the level of flooding and the -FP3 suffix will provide similar requirements for new structures in coastal highfhazard areas. FUNDING SOURCE: No funds required. ALTERNATIVE ACTION: Deny adoption of Code Amendment 80-6 "Floodplain District Regulations" . Denial may jepordize the Orange County Flood Control District' s ability to be compensated by the State for right-of-way purchase for the flood control project and may jepordize the City' s participation in the National Flood Insurance Program. RCA-FL00DPLAIN DISTSO April 24, 1981 Page 3 SUPPORTING INFORMATION: 1. Map Showing floodway area subject to -FP1 zoning 2 . Draft Ordinance Respectfully submitted, James W. Palin, Director Development Services JWP/HS/dc IN THE �I Superior Court OF THE STATE OF CALIFORNIA a In and for the County of Orange J� CITY OF HUNTINGTON BEACH' CITY CLERK PROOF OF PUBLICATION Hearing 80-6 State of California ) NOTICE OF R>E QVG _ County of Orange )ss "FLOOD PLAIN DWMCf REGULATIONS" R I TA J. Richter `NOTICE IS HEREBY GIVEN that a ppublic.hearing.will be held by the City Council of the City of Huntington Beach, That I am and at all times herein mentioned was a citizen of in the Council Chamber of the Civic Cen- the United States,over the age of ears twenty-one ,and that I ter,Huntington Beach,at the hour of 7:30 Y Y P.M.,or as soon thereafter as possible on am not a party to,nor interested in the above entitled matter; Monday,the 4th day of May,I,fndmeoe that I am the principal clerk of the printer of the ppurpoaa of- derioa Code :No.80 S,an amendment to the Hunting- too Beach Ordinance Code by adding Article MA"Flood Plain District Huntington Beach Ind. Review lations."said ordinance (FPI),a ent a newspaper of general circulation,published in the City of st otthdelr Don-open p°euses in pe space uses in a des�'�yp�ted [pp . ray.A detailed copy of thisamendment HUnt ington Beach is on file in the Department of Develop- ment service.Office. County of Orange and which newspaper is published for the All interested persons are invited to disemination of local news and intelligence of a general charac- attend said.hearing end express their ter, and which newspaper at all times herein mentioned had Mont 1or a against said Cade Amend- and still has a bona fide subscription list of paying subscribers, Further information may be obtained and which newspaper has been established, printed and pub- from the Office of the City Clerk,•2000 Main-Street,HUDW Beach;Califor- lished at regular intervals in the said.County.of Orange for a nia92648—(714)6 b227.'. period exceeding one year; that the notice, of which the DATED April 1 1981. annexed is a printed copy, has been published in the regular ;`�OF GTON BEACH. By.11I.ICIA M.WENTWORTH and entire issue of said newspaper,and not in any supplement City Clerk thereof,on the following dates,to wit: Pub. r.23,1981- Hunt Beach Ina.Rev;#1047I,' April 239 1981 I certify(or declare)under penalty of perjury that the forego- ing is true and correct. Garden Grove Datedat.......... ........... ............. Calif na23rd �PriI 1 9ado ........ ..19 ....... .. /gnature (�((// Form No.CAF-81380 CODE AMENDMENT 80-E ORDINANCE NO. i AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9050. 1, AND BY ADDING THERETO NEW ARTICLE 969 .6 ENTITLED, "FLOOD- PLAIN DISTRICT REGULATIONS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending section 9050. 1 to read as follows : 9050. 1 . DESIGNATION OF DISTRICTS. The city of Huntington Beach is hereby divided into districts , hereinafter set forth, as determined and defined by officially adopted zoning maps , and such districts shall be identified by the following symbols: R1 -MS M1-A S1 R2 R5 M1 CF- R3 Cl M2 -CD R4 C2 RA -0, 013 02 MH C3 Al ROS -PD C4 SP-1 LU -FP1 SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 969. 6 entitled, "Flood- plain District Regulations" to read as follows : 969 .6. 0. PURPOSE AND INTENT. Floodplain district regu- lations are intended to be applied to any area of the city which, under present conditions, is subject to periodic flooding and accompanying hazards. The objectives of such regulations are as follows : (a) To prevent loss of life and property and to reduce to a minimum economic loss caused by flood flows. ( b) To establish criteria for land management and use in flood-prone areas that are consistent with those promulgated by the Federal Insurance Administration in order to provide flood insurance eligibility for property owners . ( c) To prohibit encroachments, new construction, sub /ahb 3/10/81 1. stantial or other improvements or development that would ob- struct the flow of floodwaters within a floodway. (d) To regulate and control uses below the elevation of the design flood flow within the remainder of the floodplain. 969 .6. 1. DEFINITIONS. Except where the context otherwise requires , the definitions given in this section shall govern the construction of this article. ( a) Area of special flood hazard shall mean the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. (b) Base flood shall mean a flood having a 1 percent chance of being equalled or exceeded in any given year. ( c) Coastal high hazard area shall mean the area subject to high velocity waters including, but not limited to, hurri- cane wave wash or tsunamis . The area is designated on a F.I.R. M. as Zone V and V1-30. (d) Design flood shall mean a flood against which protec- tion is provided by means of land use regulation, flood protec- tive or flood control works . When a federal flood control project has been authorized, the design flood will be that defined by the cognizant agency. In all other cases, the design flood shall be either at the one-hundred-year-recurrence interval (base flood) or, when determined applicable by the City of Huntington Beach, the standard project flood. ( e) Flood shall mean a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters , and the rapid accumulation of runoff of surface waters from any source and mudslides (i. e. , mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. ( f) Flood hazard area shall mean an area having flood, mudslide (i .e. , mudflow) and flood-related erosion hazards , or as shown on a zoning district map, flood insurance rate map (F. I.R.M. ) or flood boundary and floodway map. (g) Flood Insurance Rate Map (F.I.R.M. ) and Flood Bound- ary and Floodway Map shall mean the official maps on which the Federal Insurance Administration has delineated the areas of special flood hazard, the risk premium zones and the floodways applicable to the community. (h) Flood Insurance Study shall mean the "Flood Insurance Study for the City of Huntington Beach prepared by the Federal 2. Insurance Administration, providing flood profiles as well as the boundaries and the water surface elevations of the base flood, including the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps. ( i) Floodplain shall mean the land area adjacent to a watercourse and other land areas susceptible to being inundated by a design flood. ( j) Floodway shall mean the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the design flood without cumulatively increasing the water surface elevation more than one ( 1) foot or endangering life. The floodway also may be that land area necessary for the construction of physical works , including the lands neces- sary for construction of project levees, for the conveyance of the design flood discharge for an authorized federal flood control project. (k) Structure shall mean anything constructed or erected requiring a fixed location on the ground or attached to some- thing having a fixed location on the ground except business signs and other improvements of a minor character. For flood- plain management purposes , "structure" shall mean a walled and roofed building, including a gas or liquid storage tank that is principally aboveground, and including a mobilehome. ( 1) Substantial improvement shall mean any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the struc- ture either (1) before the improvement or repair is started; or (2) before damage and the beginning of restoration or repair. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building com- mences whether such alteration affects the external dimensions of the structure or not. 969 . 6. 2. APPLICATION. (a) In any base district where the district symbol is followed by the suffix -FP, the additional requirements, limitations, and standards contained in this article shall apply. The district symbol shall constitute the "base district" and the -FP suffix shall constitute the "combining district." In the event of conflicting provisions between .those established for the base district and those contained in this article, the requirements of the -FP combining district shall take precedence. (b) Floodway, floodplain and flood hazard areas, and coastal high hazard areas shall be identified, mapped and desig- 3• nated based upon : (1) The Flood Insurance Rate Maps ( F. I.R.M. ' s) and Flood Boundary and Floodway Maps in and part of the Federal Insurance Administration' s "Flood Insurance Study for the City of Huntington Beach" on file in the office of the City Clerk and incorporated herein by this reference; or (2) The design flood, as determined from engineering studies approved by the City Council. ( c) If the Federal Insurance Administration has not pro- vided base flood elevations, the City of Huntington Beach shall use base flood elevation data from other available sources . ( d) Where the floodplain area has been mapped by both the Federal Insurance Administration and the City of Huntington Beach, the regulatory requirements shall apply to that area having the outermost boundaries. 969 .6. 3. FINDINGS FOR GRANTING USE PERMITS. No use per- mit shall be issued unless the proposed project, together or in combination with existing developments , will not endanger life, restrict the carrying capacity of the floodway, increase flood heights or increase flood velocities . 969 .6. 4. -FP1 AREA DESIGNATED. -FP1 shall apply to that area designated as a floodway or right-of-way necessary for im- plementation of the Santa Ana River Channel Plan, as identified in the United States Army Corps of Engineers' -Phase I General Design Memorandum. 969 . 6. 5. -FP1 USES PERMITTED. The following uses are per- mitted in the -FP1 combining district : (a) Flood and Road Projects. Flood control channels , levees , spreading grounds and basins , roads, bridges and storm drains . . ( b) Agriculture . All permitted general agricultural uses including farming, pastures or forestry which require no per- manent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. ( c) Park Projects . Parks , campgrounds, picnic grounds , trails , wildlife and natural preserves , and similar open space uses. 969 . 6. 6. -FP1 USES PROHIBITED. The following uses are specifically prohibited in the -FP1 combining district : 4. (a) Landfills, excavations, improvements , developments , or encroachments that will obstruct or create debris-catching ob- stacles to passage of the design flood , or that cause a cumula- tive increase in the elevation of the design flood water profile at any point, or that will tend to broaden or direct flood flows out of the floodway, or impair the design flood conveyance capa- bility of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows in the floodplain district. ( b) Permanent structures. ( c) Buildings used for habitation by human beings . (d) Storage of substances or materials capable of floating which could add to the debris load of a stream or watercourse . (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. 969. 6. 7. -FP1 USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses shall be permitted in the -FP1 combining district subject to approval of a conditional use permit: (a) Public utility facilities. ( b) Temporary structures which can be readily removed within the time available after flood warning. ( c) Recreation areas , parks , campgrounds, playgrounds, riding and hiking trails, parking lots , wildlife and natural pre- serves , and similar open space uses without permanent struc- tures or improvements . (d) Excavation and removal of rock, sand, gravel and other materials provided there is no adverse effect on the watercourse so that the excavation area retains its original capability to receive and release flood waters. In addition, such excavations shall be contained within the floodplain district so that no hazard will be created through potential flood conditions to ad- jacent properties. SECTION 3. This ordinance shall take effect thirty 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 1981. 5• Mayor ATTEST : APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED : INITIATED AND APPROVED : City Administrator irector of Development Services 6. I \ ' I I 1 BANNING AVE I RI IMARBLEHEAD LN. 62D D z z z AIg RIRI RI pi PLAYA DR d C4' PORT CLYDE DH _RI RLRJA! RI RI-oI Rol� ZRII a RI RI o RI'- R 1 a U R 1 R I MOLOKAI DR, 3 jc ALUSW`R l i R I R I F O r R1 LA JOLLA CR. J TIKI CR J R1 ` J `'��` • , RI 1. 11 RI v RI i R1 R1 R 1 a ? , ,TAHITI CR LANAI CR. If Iz RI R1 '3 R1 ; R1 P I LEILANI DR WAiCN HARBOR DR C C O R I h—TIME DR GATEBHEAD DR R1 ¢ 1 / (LUD)LIMITED USE DISTRICT ;S RI m IC4, �I i MI-A f cL J U U U /^I RI r ° "1 ° �< Ca 5 J m S JP / • r`r ° OP + // 3 u`•r;: f i O 4 (LUD) 4 ° LIMITED 0o USE ° Ck, "%;; qSr DISTRICT Fc O, e I .fir"_ ti A � y y C,� U 4 O i F9ti "'xn'v of cw\ 4 o e ` "C O 6Sy0 r y ADO e O° T/A o 2 A \ e� py OC i r r Figure 1 Ad FLOODWAY AREA SUBJECT TO FLOOD PLAIN ZONING �I huntington beach planning division Publish April 23, 1981 NOTICE OF PUBLIC HEARING - CODE AMENDMENT 80-6 it NOTICE. IS HEREBY GIVEN that a public hearing will be held by the City Council of .the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 46 day of May 19 81. for the purpose of considering Code Amendment No: 80-6 an amendment to the Huntington Beach Ordinance Code by adding Article 969.6, "Flood Plain District Regulations." Said ordinance (FPI), a suffix designation, will prohibit permanent structures or other non-open space uses ' in a designated floodway or proposed floodway. A detailed copy of this amendment is on file in the Department of Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment 80-6 Further information may obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California: 92648 - (714) 536-5221 DATED April 15, 1981 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk �� 1 - Publish April 23, 1981 NOTICE OF PUBLIC HEARING. CODE AMENDMENT 80-6 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 4th day of May 19 81. for the purpose of considering Code Amendment No. 80-6 an amendment to the Huntington Beach Ordinance Code by adding Article 969.6, "Flood Plain District Regulations." Said ordinance (FPI), a suffix designation, will prohibit permanent structures or other non-open space uses in a designated floodway or proposed floodway. A detailed copy of this amendment is on file in the Department of Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said- - - -.' aid Code Amendment 80-6 Further information may be obtained from the Office of the City Clerk, 2000 Main' Street, Huntington Beach, California. 92648 - (714) 5-36-5227 DATED April 15, 1981 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk d ' •• DEFT- Otr: MAR J 1J�31 Superior Court p. p. Box �ta� n:rtrt: Hun ing"0i, Reach, FA FOFt•AI,11.1)U IA In nod for the(•nnnl% .,1 Orani,r CITY OF HUNTINGTON BEACH r PLANNING I'1[It1.1( :1 rl(,N Public Hearing 80=6 r, 1t;w .I C ilo.,rnia f'onnt+ of Ilrantte 1'11' ep1 C. ��G~j0 Jyr Ct It G° gl Rita J. Richter re�Jd(.t MAy � 119 O'^ I-EGAL NOTICE . That I lint and ;it ;dl limps heroin mentioned ww;it -it1.1v „I rn�e�lh� Nimcp OPPlJN41CF1L'AItING Ihr Pnitrrl `lour , ,%,,r Ihr;iCr of fwolliv nor genre.;uul Ili: I ODDE AMENDMENT NO.$84 ton n •1 p party In,nor interested io the-ab,n-p entitled moll( NOTFCE44HKREBYGIVENthaly ppuWit hearing will ba held by the City 11urt I nrn flip principal clerk of the printer of the PGtining Commission of the City of Humtingtno Beach, Callfornia, for the lVpurpose of mnaidoring'Gde Amendment o.Ba11 en emendmant In flee Hunung- Huntington Beach Independent Review No Bearer ordinate Cede by adding n ni•wcpaprr of t enrFnl cirr-ulnlinn,publiebed in I)r('iIv .I Article 969.6,"FlmdpWn Diitnct Reju- latinni." Said ordinanim (F'PI), a su fir dmij�naflon, sift pn+hihit permannnt HU n t i ng t o n B each stnrcturns or other ono-npem Apace r"in a detlgnated nornksy or pnipmod nn>A- itinl% of Orant�r and w•hrrh ni•wspapi•r is j,uhlishrrl for the Way;A detailed copy of this eowncl;= is on Gee In the Department of Develnp- di,po,ioalinn of 1,wnI line',noel intrllivenre r,f n t;i•nertl rharnc meot gem-how offine, 1rr„rind which nrwslmper at all f intes herein mmrit ioned hmf �30 ^ Retd hearing will be held at the hour a kil nd l Ira,P noon hill,cirb-:rrildion list of payint(stil- rihrrc, ` ;P-M,on March 17, 111111.in the! Council Chambers Building of the Civic l Poll Iran nrwat,rupe,r hew been vOnhliOwd• printed anal I+nh- Center, Z= Mena Street,,Hun4ngton li,llwd lit rrlrthur intervals in t1le sni(I G)tmly of (Fling( for a Bowl%California. A. . l,rrin,{ rsreedir%v one year; that the notice. of w'hi(h the Ali interested personrare invited to attend sold hearing and exprem Chair nlrneXVd is )Iprinle(f ropy, has been pnblivhed in the regular opininos for oragairmt the propowdCode; nrid entire issue of'card newspaper,and tint in any supplement Amendment No.W& Further Informetion.mey be obtained Ihrrr•"f.,inlhrfnlh+wint;dal eq.fowin from theCltyPlanuunrrggDepsutment.� , Tale hares No.(71l)698-fi271 DATF�thli 6th ds yof March tfi81. CITY Pf,ANNCNO COMMISSION j JAMM W.PALIN Fec.-tAry March 5, 1981 Pub.H nt Beach Ind.Rev.u 16760 I ,rf o, ha of,Lire I limier l+rnalt% nl'l,]•riury thni Ili,• rrc r nP•,nvl.„rrr,I. Garden GRove It,rtr,l :.I .. . .. . .. .... ' th ar[h ;'-'8 ('nli\,rnin. I tic ..: . ./---d,n•„f . . . . J. S it:natrtre .,..,,- V A r ,,,, 4 NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM CODE' AMf0X>MEiU7- 80-6 TO: CITY CLERK'S OFFICE DATE: FROM: T>eyek0F MetjT, cSERVIGE-S PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE ` Itt DAY OF M A Y 1991. AP's are attached AP's will follow No.AP's Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to NAL SIMMOIJ p Planning Department - Extension # ,rs-9S' for additional information. * If appeal, please transmit exact wording to be requited in the legal.