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HomeMy WebLinkAboutFloodplain Regulations Complying with FEMA - Code Amendment -Authoni5d to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. .California. Number A-6214, dated 29 September. 1961. and A-24831. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange o biK NCnca M]ventsrtq ccwad PUBLIC NOTICE P1 by inn 4i"o"It Is sat In 7 po6 n1 NOTICE OF .ntn 10 pca cow .mn atn PUBLIC HEARING CODE AMENDMENT NO.87-1 (To Revise 1 I am_ a Citizen of the United States and a resident of Floodplain b Regulations J the County aforesaid; I am over the age of eighteen within the City of years, and not a party to or interested in the below Huntington Beach NOTICE IS HEREBY entitled matter. I am a principal clerk of the Orange GIVEN that the Huntington Beach City Council will hold Coast DAILY PILOT, with Which is combined the a ring in the Coun- cil Chamber Chambb er at.the Hunt- NEWS-PRESS, a newspaper of general circulation, ington Beach Civic Center, 2000 Main Street, Hunt- printed and published in the City of Costa Mesa, ington Beach,California,on O�'11. the date and at the time in- Y County of Orange, State of California, and that a dicated below to receive and consider the statements.of Notice of Public Hearing call persons who wish to be / heard relative to the appli- cation described below. Y DATE/TIME: Monday, 'April 4, 1988,7:00 P.M. APPLICATION NUMBER: .of which copy attached hereto is a true and complete ICode Amendment No.87-1 APPLICANT:City of Hunt- copy, was printed and published in the Costa Mesa, Hunt- ington Beach p � REQUEST: To repeal Article 969.6 and add new Newport Beach, Huntington Beach, Fountain Valley, !Article 940 of the Huntington Beach Ordinance Code enti- Irvine, the South Coast communities and Laguna tled, "Floodplain Suffix (-. FP1, -FP2, -FP3), revising) Beach issues of said newspaper for one the City's floodplain man-1 agement regulations tot consecutive weeks to wit the issue(s) of comply with the require- ments of the Federal Emerg- ency Management Agency (FEMA). ENVIRONMENTAL STATUS: Categorically ex- March 24 8 empt from the provisions of 198 Ithe California Environmental, Quality Act. ON FILE: A copy of the: request is on file with the 198 City Clerk, City of Hunt- ington Beach, 2000 Main Stret, Huntington Beach, California.A copy of the staff I 198 report will be available to; interested parties at City Hall or the Main City Library (7111 Talbert Avenue). 198 ; ALL INTERESTED PER-, SONS are invited to attend' said hearing and express) 'opinions or submit evidence! 198 for or against the application as outlined above. If there are any further questions) please call Jeff Abramowitz, 'Assistant Planner ati I declare, under penalty of perjury, that the 53HUNT1. GTON BEACHI foregoing is true and correct. CITY COUNCIL, By: Alicia' 9 9 M.Wentworth,City Clerk Dated:March 21, 1988 Published Orange Coast Daily Pilot March 24, 1988 Executed on March 25 198 8 ( Th566 at C Mesa, California. Signature L PROOF OF PUBLICATION REQUE*T FOR CITY COUNA ACTION Date Submitted to: Honorable Mayor and City Council Submitted by: Paul Cook, City Administrator Prepared by: Douglas N. La Belle, Director, Community Development Subject: CODE AMENDMENT NO. 87-1 - REVISIONS TO FLOODPLAIN MANAGEMENT REGULATIONS TO COMPLY WITH FEMA REQUIREMENTS. REPEALS ARTICLE 969 . 6 AND ADDS NEW ARTICLE 940 O �� Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception � � `/ Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ° X0 STATEMENT OF ISSUE• Code Amendment No. 87-1 is a request by the Community Development Department to amend the Floodplain Standards to reflect recent Federal Emergency Management Agency (FEMA) changes to the rules governing the National Flood Insurance Program. Staff distributed approximately 20 copies of the ordinance and staff report to mobilehome park managers and property owners as well as other interested groups . No comments have been received to date. On May 4, 1987, the model floodplain ordinance was distributed by FEMA, giving communities a thirty day period in which to make necessary changes and submit them for review, which the City did. On July 1, 1987, the City' s draft ordinance was determined to be in compliance with FEMA requirements . Following review and adoption by the City Council, the City will transmit a copy of the adopted ordinance to the Regional Office of FEMA to demonstrate compliance. RECOMMENDATION• Planning Commission action on October 6, 1987: ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER, THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT NO. 87-1 AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None Staff recommendation is identical to that of the Planning Commission. P10 5/85 ANALYSIS• Effective October 1, 1986, the Federal Emergency Management Agency (FEMA) changed some of the rules governing the National Flood Insurance Program, requiring each locality to revise existing ordinances . Originally, FEMA specified April 1, 1987 as the date by which communities were to make revisions, but then extended this deadline for an unspecified period because they were still completing a model ordinance to serve as a guide to understanding the regulations . To be consistent with other zoning code rewrite efforts, the floodplain management regulations have been revised in format and location to be consistent with the new Division 9 framework. The regulations will be moved from Article 969 . 6 to Article 940 under the Chapter 94 heading of "Miscellaneous Districts and Suffixes" . Since revisions were needed to comply with FEMA requirements, staff took the opportunity to reorganize the article in a more readable manner. Although new sections have been added, and a great deal of phrasing has been revised, the new regulations do not make any substantial changes to the requirements and/or restrictions on property within the floodplain. The following list discusses all content changes : 1. There are several new introductory sections at the beginning of the article. Sections 9400 - 9400 .3 are not regulatory, but rather explanatory in terms of the purpose and intent of the regulations . They include Statutory Authority, Findings of Fact, Statement of Purpose and Methods of Reducing Flood Hazards . 2 . Section 9400 . 8, Director - Responsibilities., has been expanded, further explaining review, enforcement, interpretation and record keeping functions that rest with the Director . 3 . Section 9400 . 9, Permit Review, has been expanded, specifying the type of information required for submitting a building permit for construction in a floodplain. 4 . In the "FP2" Standards of Construction, the standards for utilities and mechanical equipment, Section 9400. 15 (d) , have been expanded. 5 . The following subsection on manufactured homes has also been revised [Section 9400 . 15(e) ] . FEMA has clarified that where a new manufactured home is installed in an existing manufactured home park, the pad does not have to be elevated above the base flood elevation. Although raising one individual pad inside of an established park seems unreasonable, FEMA had originally proposed to adopt this as a new requirement. Due to opposition, FEMA has suspended the more stringent rule until September 30, 1988, in order to allow a period for public comment about the impacts of such a provision. If the provision is not rescinded at that time, the City will be required to amend the floodplain regulations to enforce the new regulation. RCA - 2- (9320d) 6 . For the "FP3" suffix, Prohibited Uses have been reorganized (Section 9400 . 17) . The provisions for space below the lowest floor used for storage have also been expanded. 7 . Changes have been made in the variance provisions such that more precise guidelines are provided, including critical factors for the Planning Commission to consider in reviewing a variance request. (Sections 9400 . 19 - .21) 8 . Many new definitions have been added in Section 9400 .22 . These are for the purpose of claifying the usage of certain terms within the body of the regulations . Other definitions have been revised in accord with FEMA regulations . The following new definitions have been added; basement; floodplain management; functionally dependent use; highest adjacent grade; lowest floor; manufactured home, manufactured home park or subdivision; mean sea level; remedy a violation; sand dunes; violation. ENVIRONMENTAL STATUS: Code Amendment No. 87-1 is categorically exempt from the provisions of the California Environmental Quality Act. FUNDING SOURCE: Not applicable. ATTACHMENTS. 1 . Ordinance, Article 940 2 . Existing floodplain regulations, Article 969 . 6 3 . Section number cross-references for comparing articles 4 . Letter dated July 1, 1987 from David J. Tony, California Department of Water Resources DNL:JA:kla RCA - 3- (9320d) PLANNING MISCELLANEOUS DISTRICTS S.969.6.0 fxlsnlv( ' ARTICLE 969.6 FLOODPLAIN DISTRICT . (2488-6/81, 2604-1/17/83) S. 969.6.0 PURPOSE AND INTENT. Floodplain district regulations are intended to be applied to any area of the city which under present conditions is sub- ject 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, substantial or other improvements or development that would obstruct 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. (e) To comply with the Cobey-Alquist Floodplain Management Act requirements for flood- plain management regulations. S. 969.6. 1 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Huntington Beach," dated August 16, 1982, with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this article. The Flood Insurance Study is on file in the office of the City Clerk, 2000 Main Street, Huntington Beach, California,92648. S. 969.6.2 ESTABLISHMENT OF ADDITIONAL REQUIREMENTS FOR DEVELOPMENT PERMIT. A development permit shall-be obtained before construction or development begins within any area of special flood hazard established in this article. Application for a development permit shall be made on forms furnished by the Director of Develop- ment Services and may include, but are not limited to, plans in duplicate scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill , storage of materials, drainage facilities; and the location of the foregoing. S. 969.6.3 GENERAL PROVISIONS. (a) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. (b) Abrogation and Greater Restrictions. This article is not intended to repeal , abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article or another article, easement, covenant, or deed restriction conflict or overlap, whichever, imposes the more stringent restrictions shall prevail . The Flood Insurance Rate Map shall take precedence over the zoning district maps. (c) Interpretation. In the interpretation and application of this article, all provisions shall be: (1) Considered as minimum requirements; 1/83 S.969.6.3(c) (2) MISCELLANEOUS DISTRICTS PLANNING (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state stat-N.01 utes. (d) Warning and Disclaimer of Liability. ' The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Huntington Beach, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. S. 969.6.4 DEFINITIONS. Except where the context otherwise requires, the defini- tions given in this section shall govern the construction of this article. (a) Appeal means a request for a review of the Director of Development Services interpretation of any provision of this article. (b) Area of shallow flooding means a designated AO or VO zone on the Flood Insurance Rate Map (FIRM) . The base flood depths range from one to three feet, a clearly- defined channel does not exist; the path of flooding is unpredictable and indetermina and velocity flow may be evident. . . (c) Area of special flood hazard means 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, Al-30, VO, and V1-30 on the FIRM. (d) Base flood shall mean a flood having a 1 percent chance of being equalled or exceeded in any given year. (e) Breakaway wall means 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 so designed as 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. (f) Coastal h;gh hazard area means the area subject to high velocity waters including , but not limited to, hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V and V1-30. (g) Design flood means a flood against which protection is provided by means of land use regulation, flood protective or flood control works. When a federal flood protective or flood control works. When a federal flood control project has been authorized, the design flood will be that defined by the cognizant agency. In all other cases, the design flood shall be either at the one-hundred-year-recurrence interval (base flood) the standard project flood. (h) Development means 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 located within the area of special flood hazard. PLANNING M1 =LLANEOUS DISTRICTS S. 969.6.4(i ) 0 ) Existing mobilehome park or mobilehome subdivision means a parcel (or` contiguous . parcels) of-land divided into two or more mobilehome lots for rent or sale for 'hich the construction of facilities for servicing the lot on which the mobilehome is to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the -constructi-on of streets) are complete before the effective date of this article. 0 ) Expansion of existing mobilehome park or mobilehome subdivi-sion means the prep- aration of additional .sites by the construction of facilities for servicing .the lots on which the mobilehomes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, ,or the construction of streets) . (k) Flood means a general and temporary condition of partial or complete inundation of land areas. from the overflow of inland and tidal waters, and the rapid accumu- lation, of runoff of surface waters from any source and mudslides (i .e. , mudflows) which are proximately caused or precipitated by accumulation of water on or under the ground.. (1 ) Flood hazard area means 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 (FIRM) or flood boundary and floodway map. (m) Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map means 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. 1) Flood Insurance Study means the "Flood Insurance Study for the City of Huntington Beach," prepared by the Federal 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. (o) Floodplain shall mean the land area adjacent to a watercourse and other land areas susceptible to being inundated by a design 'flood. (p) Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property. (q) Flood-related erosion means a condition that exists in conjunction with flooding that alters the composition of the shoreline or bank of a watercourse, and in- creases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse. (r) Floodway means 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 that construction of physical works, including the lands necessary for construction of project levees, for the conveyance of the design flood discharge for an authorized federal flood control project. Habitable floor means any floor usuable for living purposes, including working, •.- sleeping, eating, cooking, recreation, or a combination therof. A floor used only for storage purposes is not a "habitable floor." ' 1/83 � � S. 969.6.4(t) SCELLANEOUS DISTRICTS PLANNING (t) New construction means structures for which- concrete slab has not been poured on or before the effective date of this article. " .(u) New mobilehome park" o_r_ mobilehome subdivision means a parcel (or contiguous parcel of land divided into two or more mobilehome lots for rent or sale for which the construction of facilities or servicing the lots (including, at a minimum, the install - ation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after .the effective date of this article. .(v) Start of construction means the first placement of 'permanent construction of a structure other than a mobilehome) on a site such .as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation such as clearing, grading, and filling, nor' does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings such as garages or sheds not part of the main structure. For a structure (other than a mobilehome) with- out a basement or poured footing, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobilehomes not within a mobilehome park or mobilehome subdivision, "start of construction" means the affixing of the mobilehome to its permanent site. For mobilehomes within mobilehome parks or mobilehome subdivisions, "start of construc- tion" means the date on which the construction of facilities for servicing the site on which the mobilehome is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. (w) Structure means anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character. For floodplain manage- ment purposes, "structure" means a walled -and roofed building, including a gas or liquid storage tank that is principally aboveground, and includes a mobilehome. (x) Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of -the structure either: (1) Before the improvement or repair is started; or (2) Before restoration of a structure to which damage has occurred. For the purpose 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 commences whether that alteration affects the external dimensions of the structure or not. This term does not, however, include: (1) Any Project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Market Value," as used herein, shall be the value determined by the Director of Development Services by reference to the latest Orange County Assessment Rolls, by a real estate appraiser secured at the applicant' s cost, or by reference to any other source deemed reliable by the Director of Development Z Services. , r PLANNING MIS�r_'LLANEOUS DISTRICTS S. 969.6.4(y) (y) Variance means a grant of relief from the requirements of this article which-permits construction in a manner which would be otherwise prohibited under its provisions. S. 969.6.5 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 distr.ict.shall take precedence. (b) The -FP combining district shall be applied to all floodway, floodplain, flood hazard areas, and coastal high hazard areas identified, mapped and designated based upon: (1) The Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps in and part of the Federal Insurance Administration's "F1ood' Insurance Study for the City of Huntington Beach" on file in the office of the City Clerk; or (2) The design flood, as determined from engineering studies approved by the City Council . (c) If the Federal Insurance Administration has not provided base flood elevations, the City of Huntington Beach shall use base flood elevation data from other available sources. 1d) Where the floodplain area has been mapped by both the Federal Insurance Adminis- tration and the City of Huntington Beach, the regulatory requirements shall apply to that area having the outermost boundaries. S. 969.6.6 ADMINISTRATION. The Director of Development Services is hereby appointed to administer and implement this article by granting or denying develop- ment permit applications in accordance with its provisions. . S. 969.6.7 PERMIT .REVIEW. The Director of Development Services shall review all development permits to determine that the requirements of this article have been satisfied, that the site is reasonably safe from flooding, and to determine whether the proposed development will adversely affect the flood-carrying .capacity of the area of special flood hazard. For purposes of this article, "adversely affects" means that the. cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point. When base flood elevation data has not been provided as required by this article, the director shall obtain, review, and reasonably utilize any base flood elevation data from a federal , state or other available source in order to administer and implement this article. S. 969.6.8. CERTIFICATION INFORMATION. The Director of Development Services shall obtain and maintain for public inspection and flood insurance policies information concerning the following types of certification: i) The certified elevation required for residential developments; (b) The certification required for developments located in areas where shallow flood- ing is likely to occur; '(c) The certification required for floodproofi'ng of non-residential developments; 2 e. S. 969.6.8(d) MISCELLANEOUS DISTRICTS PLANNING (d) The certified elevation required for subdivisions; (e) The certification required for coastal high hazard areas; and (f) The certification required for anchoring mobilehomes. S. 969.6.9 WATERCOURSES. The Director of Development Services shall notify adjacent communities and the California Department of Water Resources prior to .any alteration or relocation of a watercourse, and evidence of such notifica . tion shall be submitted to the Federal Insurance Administration. The Director shall further insure that the flood-carrying capacity is. maintained for any watercourse, or portion thereof, which has been altered or relocated. S. 969.6. 10 -FP1 , -FP2 AND -FP3 AREAS DESIGNATED. (a) -FP1 Area. -FP1 shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan, as identified in the United States Army Corps of Engineers ' Phase 1 General Design Memorandum, and shown as -FP1 on any zoning district map adopted by the City Council . (b) -FP2 Area. -FP2 shall apply to areas shown as A, Al through A30, AO and AH on the Flood Insurance Rate Map, adopted by this article, and shown as -FP2 on any zoning district map adopted by the City Council . (c) -FP3 Area. -FP3 shall apply to areas shown as V or V1 through V30 on the Flood Insurance Rate Map, adopted by this article, and shown as -FP3 on any zoning dis- trict map adopted by the City Council . L S. 969.6. 11 -FP1 USES PERMITTED. The following uses are permitted 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 permanent structures, landfill , storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. S. 969.6. 12 -FPI. USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses shall be permitted in an -FP1 combining district subject to approval of a conditional use permit: (a) Public utility facilities ; (b) Temporary structures which can be readily removed in the time available after flood warning; and. (c) Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails , park- ing lots, wildlife and natural preserves, and similar open space uses without permanent structures or improvements. S. 969.6. 13 -FP1 USES PROHIBITED. The following uses are- specifically prohibited in an -FP1 combining district: (a) Landfills, excavations, improvements, developments., or encroachments that will obstruct or create debris-catching obstacles to. passage of the design flood, or 1/83 PLANNING MI�,,r_*LLANEOUS DISTRICTS S. 969.6.13(a) that cause a cumulative increase in the elevation of the design flood water profile at ny point, or that/ will tend to broaden or direct flood flows out of the floodway, or inpair the design flood conveyance capability 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 habitiation 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 wel- fare. S. :969.6. 14 -FP2 USES PERMITTED. The following uses are permitted in an -.FP2 combining district subject to approval of a development permit as provided by this article. (a) Excavation and removal of rock, sand, gravel and other materials, providing that the integrity of the watercourse is preserved so that the permitted excavation area shall continue to receive and release floodwaters in a manner equal to the established norm prior to any excavation. Further, such excavations shall not create a potential hazard to' adjacent properties resulting from flood or erosion conditions. 'h) Landfills that do not encroach upon an area subject to -FP1 District regulations, that do not cause floodwaters to be diverted onto adjacent properties, that are protected against erosion from floodwaters, and that 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 zoning district which comply with the standards of construction for an -FP2 'area. (d) Mobilehome when permitted by the base district and which comply with the standards of construction for such mobilehomes located Wan -FP2 area. S. 969.6. 15 -FP2 USES PROHIBITED. The following uses are specifically prohibited in an -FP2 combining district: (a) Landfills, excavations, improvements, developments, or encroachments that will obstruct or create debris-catching obstacles to passage of the design flood or that cause a cumulative increase in the elevation of the design floodwater profile more than one (1) foot at any point or that will tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to life or property resulting from flood flows within an -FP2 combining district. (b) All uses not permitted by section 969.6. 14. S. 969.6. 16 -FP3 USES PERMITTED. All uses permitted in the base zoning district regulations which comply with the standards of construction for -FP3 eas are permitted in an -FP3 combining district subject to .approval of a development '�•► permit, as provided by this article. S. 969.6. 17 -FP3 USES PROHIBITED. All uses not permitted by section 969.6.16 are prohibited in an -FP3. combining district. 1/83 S. 969.6. 18 MISCELLANEOUS DISTRICTS PLANNING S. 969.6. 18 STANDARDS OF CONSTRUCTION FOR THE -FP1 AREA. All encroachments, includ- ing fill , new construction, substantial improvements, and other defel( ment is hereby prohibited unless certification by a registered engineer or architect is,...- provided demonstrating that such encroachments, including fill , new construction, substantial improvements, and other development will not result in any increase in flood levels during the occurrence of a base flood discharge. S. 969.6. 19 STANDARDS OF CONSTRUCTION FOR THE -FP2 AREA. (a) Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobilehomes shall meet the anchoring standards required for mobilehomes, mobilehome parks and subdivisions contained in this article. (b) Construction Materials and Methods: (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall use methods and practices that minimize flood damage. (3) All elements that function as a part of the structure such as furnaces, hot water heaters, air conditioners, etc. shall be elevated to or above the base flood elevation or depth number specified on the FIRM. (c) Elevation and Floodproofing: (1) New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Non-residential structures shall meet. the specific require- ments for such structures contained in this article. Upon completion of the structure, the elevation of the lowest habitable floor, including basement, shall be certified by a registered engineer or surveyor, or verified by the local building inspector that elevation requirements have been met. Notifi- cation of compliance shall be recorded by the .Director of Development Services. (2) New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated to or above the depth number specified on the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated to a depth of one (1) foot above the highest adjacent grade. Nonresidential structures shall meet the standards for such structures contained in this article. Upon completion of the structure, compliance with the elevation requirements shall be certified by a registered engineer or surveyor, or verified by the local building inspector. Notification of compliance shall be recorded by the Director of Development Services. (3) Nonresidential construction shall either be elevated to comply with sub- section (c) (1) -or . (c) (2) of this section, or together with attendant utility and sanitary facilities (i ) Shall be- floodproofed so that. below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 1/83 PLANNING M. _ ELLANEOUS DISTRICTS S. 969.6.19(3)(ii) (ii) Shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy'; and (MY Shall be certified by. a registered engineer or architect that the standards )— of this subsection. are satisfied. Such certifications shall be furnished the Director of Development Services as required by this article. (4) Mobilehomes -,shall meet the above standards as well as those prescribed for mobilehomes, mobilehome parks and subdivisions contained in this article. (5) Structures in coastal high hazard areas shall meet the standards established by this article for such. structures.. (d) Standards for Utilities: (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into .the system and discharge from systems into flood waters. (2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (e) Standards for Subdivisions: (1) All preliminary subdivision proposals shall identify the flood hazard area . and the elevation of the base flood. (2) All final subdivision plans shall provide the elevation of proposed structures and pads . If the site is filled above the base flood, the final pad elevation shall be certified by a registered engineer or surveyor and furnished to the Director of Development Services as required by this article. (3) All subdivision proposals shall be consistent with the need to minimize flood damage; and (4) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical , and water systems located and constructed .to minimize flood damage. (f) Standards for Mobilehomes, Mobilehome Parks and Subdivisions: (1) All mobilehomes and additions to mobilehomes shall be anchored to resist flotation, collapse, or lateral movement by one of.the following methods: (i ) By providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and uplift forces of 9 pounds per square foot; or (ii ) By anchoring the unit's system to comply with the Department of Housing and Development's Mobilehome Construction and Safety Standards. (2) The installer or state agency responsible for regulating the placement, installation and anchoring of individual mobilehome units shall furnish �-- certification of compliance with the above standards to the Director of Development •Services. 1/83 2. 1 S. 969.6.19(f)(3) MISCELLANEOUS DISTRICTS PLANNING r (3) The following standards are required for (a) mobilehomes not placed in mobile- home parks or subdivisions; (b) new mobilehome parks or subdivisions; (c) expansions to existing mobilehome parks or subdivisions; and (d) repair, reconstruction, or improvements to existing mobilehome parks or subdivisions that equal or exceed 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced: (i ) Adequate surface drainage. and access for a hauler shall be provided. (ii ) All mobilehomes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the mobilehome 'is at or above the base flood level . If elevated on pilings: (aa) The lots shall be large enough to permit steps; (bb) The pilings shall be placed in stable soil no more than ten feet apart; and (cc) Reinforcement shall be provided for pilings more than six feet above the ground level . (4) Certification of compliance is required of the developer responsible for the plan, or state agency responsible for regulating mobilehome .placement. S. 969.6.20 STANDARDS OF CONSTRUCTION FOR THE -FP3 AREA. (a) Location of Structures: (1) All buildings or structures shall be located landward of reach of the mean high tide. (2) The placement of mobilehomes shall be prohibited except in an existing mobilehome park or mobilehome subdivision. (b) Construction Methods: ( 1) Elevation: All buildings or structures shall be elevated so that the lowest supporting member is located no lower than the base flood elevation level with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as specified in this section. (2) Structural Support. (i ) All buildings or structures shall be securely anchored on pilings or columns. (ii ) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (iii ) There shall be no fill used for structural support. (3) Certification. Compliance with subsections (b)(1) and (b)(2) of this section shall be certified by a registered engineer or architect and- such certifica-,.- .- tion furnished to the Director of Development Services as required by this article. �+ 1/83 PLANNING AISCELLANEOUS DISTRICTS S. 969.6.20(b)(4) (4) Space Below the Lowest Floor. (i ) Any alteration, repair, reconstruction or improvement to a. structure started after the enactment of this article, shall not enclose the space below the lowest floor unless breakaway walls are used as specified in this section. (ii ) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (iii ) If breakaway walls are utilized., such enclosed space shall not be used for human habitation. S. 969.6.21 VARIANCE PROCEDURE. The Planning Commission shall hear and decide all requests for variance., A variance may only be issued upon; (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result- Jn exceptional . hardship to the applicant; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, and will not create a nuisance, cause fraud or victimize the public, or conflict with exist- ing local laws or ordinances. All applications for a variance shall be accompanied by a fee, established by resolution of the City Council , to cover administrative costs. Only the absolute minimal variance shall be granted and variances shall only be granted to the extent necessary. Any applicant to whom a variance is granted shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from such variance. S. 969.6.22 APPEALS. The Planning Commission shall hear and decide appeals from any decision of the Director of Development Services pursuant to provisions of this code. Any person aggrieved by a decision of the Planning Commission may appeal to the City Council . Appeals shall be accompanied by a processing fee established by resolution of the City Council . S. 969.6.23 RECORDS. The Director of Development Services shall maintain the records of all appeals and variance proceedings and shall report any variance to the Federal Insurance Administration upon request. SECTION NUMBER REFERENCE GUIDE EXISTING AND PROPOSED ARTICLE New Article 940 Existing Article 969 . 6 9400 Statutory Authority New 9400 . 1 Findings of Fact New 9400 .2 Statement of Purpose 969 . 6 . 0 Purpose and Intent 9400 .3 Methods of Reducing New Flood Hazards 9400 .4 Establishment of Areas 969 . 6 . 1 Basis for Establishing the Areas of Special Flood Hazard 9400 . 5 Areas Designated 969 . 6 . 10 FP1, FP2, FP3 Areas Designated 9400 . 6 General Provisions 969 . 6 .3 General Provisions 9400 . 7 Application 969 . 6 . 5 Application 9400 . 8 Director - Responsibilities 969 . 6 . 6 Administration 969 . 6 . 7 Permit Review 969 . 6 . 8 Certification Information 969 . 6 . 9 Water Courses 9400 . 9 Permit Review 969 . 6 .2 Establishment of Additional requirements for Development Permit 9400 . 10 FP1 Permitted Uses 969 . 6 . 11 FP1 Uses Permitted 9400 . 11 FP1 Conditional Uses 969 . 6 . 12 FP1 Uses Subject to Conditional Use Permit 9400 . 12 FP1 Prohibited Uses 969 . 6 . 13 FP1 Uses Prohibited 969 . 6 . 18 Standards of Construction for the FP1 Area 9400 . 13 FP2 Permitted Uses 969 . 6 . 14 FP2 Uses Permitted 9400 . 14 FP2 Prohibited Uses 969 . 6 . 15 FP2 Uses Prohibited } New Article 940 Existing Article 969 . 6 9400 . 15 FP2 Standards of 969 . 6 . 19 Standards of Construction Construction for the FP2 Area 9400 . 16 FP3 Permitted Uses 969 . 6 . 16 FP3 Uses Permitted 9400 . 17 FP3 Prohibited Uses 969 . 6 . 17 FP3 Uses Prohibited 9400 . 18 FP3 Standards of 969 . 6 . 20 Standards of Construction Construction for the FP3 Area 9400 . 19 Variances/Appeals-General 969 . 6 .21 Variance Procedure 9400 .20 Variances/Appeals -Reqmt . 969 . 6 . 22 Appeals 9400 .21 Variances/Appeals -Findgs . 969 . 6 . 23 Records 9400 . 22 Definitions 969 . 6 .4 Definitions 3b STATE OF CALIFORNIA—RESOURCES AGENCY GEORGE DEUKMEJIAN,Governor DEPARTMENT OF WATER RESOURCES ;„.'. . P.O. Box 6598 LOS ANGELES 90055 t; 4 , J U L 1 1987 Mr. Jeff Abramowitz City of Huntington Beach 2000 Main Street - Huntington Beach, CA 92648 Dear Mr. Abramowitz: This is to acknowledge receipt of your letter of June 15, 1987 and the Floodplain Ordinance. The Ordinance is in compliance with Federal Emergency Management Agencies' requirements. When. your Ordinance is adopted by the City Council send one copy to our office and one copy to: Mr. Robert L. Vickers Federal Emergency Management Agency Region IX, Building 105 Presidio of San Francisco,- CA 94129 Attention: Mr. Ray Lenaburg If you have any questions please call Mr. Feroze Kanga at (213) 620-4165. Sincerely, Ctt � J David J. Tong, Chief Operations Branch Southern District NOTICE OF EMLIC HEARING ° CODE AMENDMENT NO. 87-1 (To Revise Floodplain Regulations within the City of Huntington Beach) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME : Monday, .April 4, 1988, 7:00 P.M. 1 APPLICATION NUMBER: Code Amendment No . 87-1 APPLICANT: City of Huntington Beach ������' RE UEST: To repeal Article 969 . 6 and add new Article 940 entitled, "Floodplain Suffix (-FP1, -FP2, -FP3) , V' revising the City' s Floodplain management regulations to comply with the requirements of the Federal Emergency Management Agency (FEMA) . ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act ON FILE: A copy of the request is on file with the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, California . A. copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Jeff Abramowitz, Assistant Planner at 536-5271 , HUNTINGTON BEACH CITY COUNCIL By: ALICIA M. WENTWORTH CITY CLERK Dated: March 21 , 1988 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 87-1 (To Revise Floodplain Regulations within the City of Huntington Beach) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center\, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday,�Apri1 .4,. 1988, �7:00 P.M. APPLICATION NUMBER: \Code Amendment No. 87-1 APPLICANT: City of Hukington Beach REQUEST: To repeal Article 969 . 6 and add new Article 940 entitled, "Floo plain Suffix (-FP1, -FP2, -FP3) , revising the Cit ' s floodplain management regulations to comply with th requirements of the Federal Emergency Managemen Agency (FEMA) . ENVIRONMENTAL STATUS: Categorica y exempt from the provisions of the California Environmental Quality Act ON FILE: A copy of the request is on ile with the City Clerk, City of Huntington Beach, 200 Main Street, Huntington Beach, California. Any person fishing to comment on the request may do so in writing it ' n 10 days of this notice by providing written commen s to the Department of Community Development, P.O. Box 190, Huntington Beach, CA 92648 . ALL INTERESTED PERSONS are invited to attend said earing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Jeff Abramowitz, Assistant Planner at 536-5271 . HUNTINGTON BEACH CITY COUNCIL By: ALICIA M. WENTWORTH CITY CLERK Dated: March 21 , 1988 l , NOTICE; TO CLERK TO SCHEDULE PUBLIC HEARING ITEM �� p 7-- TO: CITY CLERK'S OFFICE DATE: FROM: ��Fa► PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 19�� 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 ��-�—�-� Planning Department - Extension �� 0 for additional information. * If appeal , please transmit exact wording; to he required in the legal . NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 87-1 (To Revise Floodplain Regulations within the City of Huntington Beach) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Ma L,41 11IT' APPLICATION NUMBER: Code Amendment No. 87-1 APPLICANT: City of Huntington Beach REQUEST: To repeal Article 969 . 6 and add new Article 940 entitled, "Floodplain Suffix (-FP1, -FP2, -FP3) , revising the City' s floodplain management regulations to comply with the requirements of the Federal Emergency Management Agency (FEMA) . ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act ON FILE: A copy of the request is on file with the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, California. Any person wishing to comment on the request may do so in writing within 10 days of this notice by providing written comments to the Department of Community Development, P.O. Box 190, Huntington Beach, CA 92648 .. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Jeff Abramowitz, Assistant Planner at 536-5271.