HomeMy WebLinkAboutCC AG PKT 2014-06-09 #IDATE: June 9, 2014
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P. E., Director • Public Works
SUBJECT: FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) FLOODPLAIN MANAGEMENT MUNICIPAL
CODE UPDATE
That the City Council conduct a public hearing regarding Ordinance No. 1640,
amending Chapter 9.45 of the Seal Beach Municipal Code regarding Floodplain
Management, and after considering all testimony and evidence presented,
introduce the Ordinance for first reading.
The National Flood Insurance Program ("NFIP") was established in 1968 to
provide flood insurance to properties that were not otherwise insurable against
flood losses. The NFIP requires that communities that have a Special Flood
Hazard Area ("SFHA") must regulate development in the SFHA in accordance
with federal regulations designed to minimize flood losses order to remain eligible
for Federal flood insurance.
A SFHA is an area that has a one percent or greater change of flooding in any
given year, as determined by Flood Insurance Rate Maps ("FIRMs") adopted by
the Federal Emergency Management Agency ("FEMA"). FEMA periodically
updates both the FIRMs and the model regulations that it requires local
communities to adopt to continue participating in the NFIP.
The majority of the City is not located in a SFHA because it is located in what is
referred to as in Zone "X" on the FIRM. Zone "X" is generally defined as an area
protected by levees and no flood insurance is required by individual property
owners.
A small section of the City located within Old Town, however, is a SFHA
designated as Zone "AE" on the FIRM. (See exhibit A.) Property owners in this
small area are required to maintain flood insurance, and the City must therefore
Agenda Item
conform its floodplain management regulations to federal standards to allow it to
participate in the NFIP.
The proposed Ordinance is closely based on the model ordinance developed by
the California Department of Water Resources for the purposes of implementing
FEMA's floodplain management requirements. Adoption of the Ordinance would
allow the City to remain eligible to participate in the NFIP.
This agenda item is categorically exempt from CEQA review under the CEQA
Guidelines Section 150308, Actions by Regulatory Agencies for Protection of the
Environment.
A A A W&J
The City Attorney has reviewed the proposed ordinance and approved it as to
form.
There is no financial impact to the City as a result of this proposed action.
U*6 =0
That the City Council conduct a public hearing regarding Ordinance No. 1640,
amending Chapter 9.45 of the Seal Beach Municipal Code regarding Floodplain
Management, and after considering all testimony and evidence presented,
introduce the Ordinance for first reading.
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Prepared by: Michael Ho P.E., Dep. Dir. PW/City Engineer
Attachments:
A. Ordinance No. 1640
B. Maps
C. Current Municipal Code Chapter 9.45
Page 2
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING
AND REPLACING CHAPTER 8.45 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING FLOODPLAIN MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section Chapter 9.45 of the Seal Beach Municipal Code is hereby
repealed in its entirety and replaced with the following:
"Chapter 9.45
Floodplain Management
9/45.019' Statutory Authority
The Legislature of the State of California has inGovernment Code
Sections 65302. 65560. and 85800 conferred upon local
governments the authority to adopt regulations designed to
promote the public hea|th, amfeb/, and general welfare of its
citizenry. Therefore, the city council wfthe City of Seal Beach does
hereby adopt the following Onodp|ain management regulations.
9.45.020' Findings of Fact
A. The flood hazard areas of the db/ are subject to
periodic inundation which nauu|to in /000 of life and prnperty, health
and safety hszondm, disruption of commerce and governmental
eemicoa, extraordinary public expenditures for flood protection and
relief, and impairment of the tax baae, all of which adversely affect
the public health, safety, and general welfare.
B. These OVud |neomm one caused by uses that are
inadequately e|evmbsd, floodpnuohed, or protected from flood
damage. The cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities also
contributes to flood losses.
9.46.030. Statement of Purpose
hin the purpose cf this chapter to promote the public health, safety,
and general welfare, and to minimize public and private losses due
to flood conditions in specific aoaeu by legally enforceable
regulations applied uniformly throughout the community to all
publicly and privately-owned !and within flood prone. mudslide (i.e.
mudflcwv or flood related erosion areas. These regulations are
designed to:
X Protect human life and health;
8, Minimize expenditure nf public money for costly flood
control projects;
C. Minimize the need for nancuo and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
D. Minimize prolonged business interruptions;
Ordinance Number 1640
E. Minimize damage topublic facilities and utilities such
am water and gas mans; electric, telephone and sewer lines; and
streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard mu as
to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property
|oinan area nf special flood hazard; and
H. Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
9.46'040' Methods uf Reducing Flood Losses
In order to accomplish its purposem, this chapter includes
regulations lo:
A. Restrict or prohibit uses that are dangerous tohealth,
mafety, and property due to water urerosion hazan1m, or that result
in damaging increases in erosion or flood heights orvelocities;
B. Require that uses vulnerable to floodo, including
facilities that serve such uaea, be protected against flood damage
at the time nf initial construction;
C� Control the alteration of natural floodp|a|ns, stream
channels, and natural protective barriers that help accommodate or
channel floodwaters;
D. Cordm| filling, Qnading, dredging, and other
development that may increase flood damage; and
E. Prevent or regulate the construction of flood barriers
that will unnaturally divert floodwaters or which may increase flood
hazards in other areas.
9.45.060. Definitions
Unless specifically defined bo|ow, words or phrases used in this
chapter ohe|| be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
A. means o structure that iseither:
Solely for the parking of no more than 2 cars;
or
2. A small, low cost shed for limited storage, less
than 150 square feet and $1.5ODinvalue.
B� Appeal: a request for a review of the F|oodplein
Administrator's interpretation of any provision of this chapter.
C. Base flood: a flood which has e one percent chance
of being equaled or exceeded in any given year (also called the
"100-year flood"). Base flood is the term used throughout this
chapter.
D. the elevation shown om
the Flood Insurance Rate [Nmp for Zones AE, AH. A1-30. VE and
V1430 that indicates the water surface elevation resulting from a
Ordinance Number 1640
flood that has a1-percentor greater chance of being equaled or
exceeded in any given year.
E Basement: any area of the building having its floor
aubgnado(ie, below ground level) on all sides.
F. any type of wall, whether solid or
lattice, and whether constructed of concrete, masonry, wood, metal,
p|aeUC or any other suitable building material that in not part of the
structural support uf the building and that is designed hob h away
under abnormally high tides or wave action without causing any
damage to the structural integrity of the building on which they are
used or any buildings to which they might be carried by flood
waters. A breakaway mmU must have a safe design loading
resistance of not less than 10 and no more than 20 pounds per
aquoma foot, Use of breakaway walls must be certified by m
registered mngineer or architect and shall meet the following
conditions:
1. Breakaway wall collapse shall result from a
xvutur load less than that which would occur during the base flood;
and
2. The elevated portion of the building ahe|| not
incur any stmduxs| damage due to the effects of wind and water
loads acting simultaneously inthe event of the base flood.
G. an area of special flood
hazard extending from offshore to the in/and limit of a primary
frontal dune along mn open coast and any other area subject tohigh
velocity wave action from storms or seismic sources. It is an area
subject to high velocity waters, including coastal and tidal
inundation or tsunamis. The area is designated on a Flood
Insurance Rate Map (F{R[N)an Zone V1-V30.VE.orV.
H Development: any man-made change to improved or
unimproved nym| e eha, including but not limited to buildings or
other ntructunew, mining, dredging, fiUing, goadinQ, paving,
axcavadnn, or drilling operadonm, or storage of equipment or
materials.
{, the advance or infringement ofuses,
plant grmmdh, fiU, excovation, bui|dings, permanent structures or
development into a flmmdp|oin that may impede or alter the flow
capacity ofaOmodp|ain.
J. Existing manufactured home park or subdivision:
means o manufactured home park or subdivision for which the
construction of facilities for servicing the |cds on which the
manufactured homes are to be affixed (inc|uding, at minimum the
installation of uti|itieo, the construction of mtoaete' and either final
site grading or the pouring of concrete pads) is completed before
October 28.1QS2.
K, Expansion to an existing manufactured home park o
subdivision: means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or
the pouring of concrete podo).
Ordinance Number 1640
1. Agenmral and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of
inland [v tidal waters; the unusual and rapid accumulation orrunoff
of surface waters from any source; and/or mudslides (i.e.,
mudf/owa); and
2. The condition resulting from flood-related
erosion,
M. Flood Boundary and Floodway Map (FBFM): the
offidemaponwhich the Federal Emergency Management Agency
or Federal Insurance Administration has delineated both the areas
cf special flood hazards and the fluodwoy.
N. the official map
on which the Federal Emergency Management Agency or Federal
Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the
community.
{}. the official report provided by
the Federal Insurance Administration that includes flood pmfi|ea.
the Flood Insurance Roha Map, the Flood Boundary and F]uodwmy
Map, and the water surface elevation of the base flood.
P. any land area
susceptible tn flooding by water from any source.
O� the public offioio|
designated by title to administer and enforce the flmodp|ain
management regulations.
R. the operation of an overall
program of corrective and preventive measures for reducing flood
damage and preserving and nnhancing, where pomsib|e, natural
namouooem in the fluodp|ain, including but not limited to emergency
preparedness p|anm, flood control wmrka. Ooodp/ein management
regulations, and open space plans.
& this chapter and
other zoning ordinanoae, subdivision regu|otiono, building uodes,
health ragu|mdono, special purpose ordinances (such as grading
and erosion control) and other application of police power that
control development in flood-prone areas. This term describes
#admra|, state, or |moa| regulations in any combination thereof that
provide standards for preventing and reducing food |0ma and
damage.
T. Flpojp2oofing: any combination of structural and
nonstructural addiduns, chmnges, or adjustments to structures that
reduce or eliminate flood damage to naa| eobab» or improved real
property, water and sanitary facilities, structures, and their contents.
For guidelines on dry and wet floodproV5ng. see FEMA Technical
Bulletins TB 1-93. TB 3-93. and TB 7-91
U the channel of
river or other watercourse and the adjacent land areas that must be
reserved in order io discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
V. as related to section
9.45.090 of this chapUer, means that the variance granted must not
cause fraud on or victimization of the public. In examining this
noquirement, the city council will consider the fact that every newly
4
Ordinance Number 1S4O
constructed building adds to government responsibilities and
remains a [art of the community for fifty to one hundred years.
Buildings that are permitted tQbe constructed below the base flood
elevation are subject during all those years to increased risk of
damage from floods, while future owners of the property and the
community oea whole are subject to all the costo, inconvenience,
danger, and suffering that those increased flood damages bring. In
addidon, future owners may purchase the propody, unaware that it
is subject to potential flood damege, and can be insured only at
very high flood insurance rates.
W. a use that cannot
perform its intended purpose unless it is located or carried out in
close proximity to water. The term includes only docking faoi|itiam,
port facilities that are necessary for the loading and unloading of
cargo orpassengers, and ship building and ship repair facilities,
and does not include long-term storage or related manufacturing
facilities.
X Hardship: for purposes of section 9.45090 of this
nhapba/, an exceptional hardship that would result from a failure to
grant the requested variance. A variance may only be granted if
the hardship is exuepdona|, unuaua|, and peculiar to the property
involved. K8ena economic or financial hardship alone is not
exceptional. /nconvenimnca, eamthebo oonmideratiome, physical
hendioapu, personal prmharenuea, or the disapproval of one's
neighbors likewise cmnnct, as a ru|e, qualify as an exceptional
hardship. All of these problems can be resolved through other
means without granting avariance, even if the alternative is more
expensive, mr requires the property owner to build elsewhere orput
the parcel tne different use than originally intended.
Y, the highest natural elevation
of the ground surface prior to construction next to the proposed
walls ofa structure.
Z. any structure that is
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 am contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify asa 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 Interior; or
4. Individually listed on m 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.
AA. Levee: a man-made atruduna, usually on earthen
embankment, designed and constructed in accordance with sound
engineering practices to oonhain, control or divert the flow of water
so aotV provide protection from temporary flooding,
BB. levee system: a flood protection system that consists
of levee, or levees, and associated structures, such as closure
and drainage devices constructed and operated in accord with
sound engineering practices.
CC Lowest floor: the lowest floor of the lowest enclosed
area, including abasement
1. An unfinished or flood resistant enclosure
below the lowest floor that ia usable solely for parking of vehicles,
building access orstorage in an area other than a basement area,
is not considered a building's lowest floor provided it conforms to
applicable non-elevation design nequiremenba, inu|uding, but not
limited to:
(a) The flood openings standard in section
9.45,880(A)(3)(u);
(b) The anchoring standards in section
9.45�080(A)(1);
(c) The construction materials and methods
standards in section Q46.880(\)(2);and
(d) The standards for utilities in section
9.45.080(B).
2. For residential etrudures, all aubQnode
enclosed areas are prohibited as they are considered to be
basements (see "Basement"). This prohibition includes below-
grade garages and storage areas.
DD. a structure, transportable inone
or more oectinns, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
attached to the required ubUUno. The term "manufactured home"
does not include a "recreational vehic|m.^
EE. | (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent orsale.
FF� Market value: the fiOuna obtained by estimating the
cost to replace the structure in new condition and adjusting that
cost figure by the amount afdepreciation, that has accrued since
the structure was constructed. The cost of replacement of the
structure shall be based nna square foot cost factor determined by
reference to o building cost estimating guide recognized by the
building construction industry. The amount of depreciation shall be
determined by taking into account the age and physical
deterioration of the structure and functional obsolescence as
approved by the floodp|ain mdministrator, but ohm|| not include
economic or other forms of external obsolescence. Use of
replacement costs or accrued depreciation factors different from
those contained in recognized building uuot estimating guides may
be considered only |f such factors are included ina report prepared
by an independent pro#aaaiuno| appraiser and supported by e
written explanation of the differences.
GG. for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NQV[})
of 1929. North American Wartims| Datum (N/V/D) of 1988, or other
de(um, to which base flood elevations shown on ocommunity's
Flood Insurance Rate Map are referenced.
M.
Ordinance Number 164Q
HH. for floodplain management
purpoaos, structures for which the "start of construction"
commenced on or after October 26. 1982, and includes any
subsequent improvements to such structures.
U. m
manufactured home park or subdivision for which the construction
of facilities for servicing the |obo on which the manufactured homes
are hobo affixed (including atm minimum, the installation ofutilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after October 26,
1992.
JJ. Obstruction: indudem, but is not limited to, any dam,
mmU, wharf, embankment. |evou, dike, pi|e, abutment, prohaotion,
exoavadon, ohanne|izetion, bhdge, conduit, culvert, bui|ding, vvine,
fenoe, rook, gnava|, nehume, fi||, mtruc±ure, vegetation or other
material in, m|ong, across or projecting into any watercourse that
may a|ter, impade, retard or change the direction and/or velocity of
the flow ofwater, or due to its |ocotion, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being
carried downstream.
KK a continuous or nearly
continuous mound or ridge of sand with relatively steep oumwmnd
and landward slopes immediately landward and adjacent to the
beach and subject toerosion and overtopping from high tides and
waves during major coastal storms. The inland limit of the primary
frontal dune occurs at the point vvhano there is o distinct change
from relatively mild slope.
LL. for purposes of section
9.45.090 of this ohapber, anything injurious to safety or health of an
entire community or neighborhood, or any considerable number of
penyons, or that unlawfully obstructs the free and customary
passage or use of any navigable |eke, or river, bay. ,tnaam, canal,
or basin.
MM. Recreational vehicle: A vehicle that is:
Built ona single chassis;
2, 400 square feet un less when measured at the
largest horizontal pnojeutinn�
I Designed to be self-propelled or permanently
towable bya light-duty truck; and
/i Designed phmmhk/ not for use aaa permanent
dwelling but mo temporary living quarters for recreational, camping.
travel, or seasonal use.
NN. the channel of river orother
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
OO. to bring a structure or other
development into compliance with State or local 800dp|ain
management nogu|edmnm, or if this is not pooaib|e, to reduce the
impacts of its noncompliance by means that include but are not
limited to protecting the structure or other affected development
from flood dgmagns, implementing the enforcement provisions of
this chaptar, or otherwise deterring hduna similar violations, or
7
Ordinance Number 1640
reducing State mFederal financial exposure with regard to the
structure m other development.
PP. Riverme: relating to, formed by, or resembling m hwar
(including tributaries), atnaem, brook, etc.
OO. Sand dunes: naturally occurring accumulations of
sand in ridges or mounds landward of the beach.
RR. Special flood hazard area (SFHA) or Area of special
flood hazard: an area in (hefloodp|oin subject to m 1 percent or
greater chance of flooding in any given year. It is shown on an
FHBK8or FIRM as Zone A. AO, A1-A3O. AE, A9Q.AH.V1-V30.VE
or V.
SS. substantial improvement and
other proposed new development and means the date the building
permit was iwsued, provided the actual start nfconstruction, nepair,
r000notmuotion, mahab||itadimn, add/hon, placement, or other
improvement was within 180 days from the dmbs of the permit. The
actual start means either the first placement of permanent
construction ofa structure onasite, such as the pouring of slab or
footings, the installation of piles, the construction of columns, orany
work beyond the stage of excavation; or the placement of a
manufacture home omafoundation. Permanent construction does
not include land preparation, such a8clearing, grading, and filling;
nor dmao it include the installation of streets and/or walkways; nor
does it include excavation for e basement, foVtingo, piern, or
foundations or the erection of temporary fonne; nor does it include
the installation on the property of accessory bui|dinga, such as
garages or sheds not occupied as dwelling units or not part of the
main structure. Fora substantial impnovement, the actual start of
construction means the first alteration of any eaU, cei|ing, floor, or
other structural pert of o bui|ding, whether or not that alteration
affects the external dimensions of the building.
TT, Structure: m walled and roofed building that is
principally above ground; including aQas or liquid storage tank ora
manufactured home.
UU. Substantial damag2. damage of any origin sustained
by e oLnuutuna whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 5D percent ufthe
market value of the structure before the damage occurred.
W. any nacVnmtructiun,
rehabilitation, addition, or other improvement ofe structure, the cost
of which oquo|x or exceeds 50 percent of the market value of the
structure before the "start of construction" of the improvement. This
term includes structures that have incurred "substantial dmmaQm^,
regardless of the actual repair work performed, Substantial
improvement does not include the following:
t Any project for improvement of a structure to
correct existing violations mr state or local health, sanitary, orsafety
code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; wr
2. Any alteration of "historic structure," provided
that the alteration will not preclude the structure's continued
designation eoa"historic structure."
11
Ordinance Number 1640
VVVV Variance: a Qrant of relief from the requirements of
this chapter which permits construction in a manner that would
otherwise be prohibited by this chapter
XX Violation: the failure of m structure or other
development to be fully compliant with this chapter. A structure or
other development without the elevation certifivaba, other
cmrbfioetiono, or other evidence of compliance required in this
chapter is presumed to be in violation until such time as that
documentation isprovided.
YY. the height, in relation tothe
National Geodetic Vertical Datum (NGVD)of1Q2A. North American
Vertical Datum (NAVD)of1Q88.or other datum, of floods ofvarious
magnitudes and frequencies in the Ooodp|ainmof coastal orrivehne
areas.
ZZ Watercourse: m |ako, hver, cneek, stnaam, wamh,
arruyo, channel or other topographic feature on or over which
waters flow at least periodically. VVoton:oume includes specifically
designated areas in which substantial flood damage may occur.
9.46.060' General Provisions
A. Lands to which this Chapter Applies. This chapter
ahmU apply to all areas of special flood hazards within the
jurisdiction of the city.
B. Basis for Establishing the Areas of Special Flood
Hazard. The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEyNA) in the "Flood Insurance
Study (FI8) for the city mf Seal Beach" dated February 4.20U4.with
accompanying Flood Insurance Rate Maps (FiRK8'o) and Flood
Boundary and F|oodvway Maps (FBF[N'u). dated February 4, 2084.
and all subsequent amendments and/or revioions, are hereby
adopted by reference and declared to be a pert of this chapter.
This HS and attendant mapping is the minimum area of
applicability of this chapter and may be supplemented by studies
for other an»ea which a||mm implementation of this chapter and
which are recommended to the city council by the F|oodp|ain
Administrator. The study, F|RKA's and FBFyN's are on file at city
hall.
C. Compliance. No structure or land ahm|| hereafter be
constructed. |ucohsd, mxtended, unnvmded, or altered without full
compliance with the terms of this chapter and other applicable
regulations. Violation of the requirements (including violations of
conditions and safeguards) shall constitute amisdemeanor. Nothing
herein shall prevent the city council from taking such lawful action oo
io necessary to prevent or remedy any violation.
D, Abroclation and Greater Restrictions. This chapter is
not intended to repeal, abrogate, or impair any existing easements,
covenmnto, or deed restrictions. However, where this chapter and
another ordinance, emoamant, oovenant, or deed restriction conflict
or overlap, whichever imposes the more stringent neathoUonm shall
prevail.
E. Interpretation. In the interpretation and application of
this chapter, all provisions shall be:
1. Considered ao minimum nequinamen��
2. Liberally construed in favor of the city; and
Ordinance Number 1640
3. Deemed neither to limit nor repeal any other
powers granted under state statutes.
F� Warning and Disclaimer of Liability. The degree of
flood protection required by this chapter im considered reasonable for
regulatory purposes and is based on odendfin and engineering
considerations, Larger floods can and will occur on name 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 hazards ur uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on
the part of the oity, any officer or employee thereof for any flood
damages that result from reliance un this chapter or any administrative
decision lawfully made hereunder.
9.46.070' Administration
A, Designation of the Floodplain Administrator. The City
Engineer in hereby appointed to administer, imploment, and
enforce this chapter by granting or denying development permits in
accord with its provisions.
B. Duties and Responsibilities of the Floodplain
Administrator. The duties and responsibilities of the F|oodp|ain
Administrator include, but are not limited to, the following:
1. Permit Review. Review all development
permits to determine if:
(e) Permit requirements of this chapter
have been osdimfied, including determination of substantial
improvement and substantial damage of existing structures;
(b) All other required state and federal
permits have been obteined�
(u) The site is naoonnab|y safe from
Oooding�
(d) The proposed development does not
adversely affect the carrying capacity of areas where beea flood
elevations have been determined but a Ooudway has not been
designated This means that the cumulative effect uf 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 1 foot at any point within the city; and
(e) All Letters of Map Revision (L[)yNR's)for
flood control projects are approved prior 0o the issuance ofbuilding
permits. Building Permits must not be issued based on Conditional
Letters of Map Revision (CLON1R'a). Approved CLOW1R'm allow
construction of the proposed flood control project and land
preparation am specified in the "start of construction" definition.
2, Development of Substantial Improvement and
Substantial Damage Procedures.
(a) Using FEMA publication FEMA 213.
"Answers to Questions About Substantially Damaged Buildings,"
develop detailed procedures for identifying and administering
requirements for substantial improvement and substantial damage,
to include defining "Market Va|ue.~
M
Ordinance Number 1640
(b) Assure procedures are coordinated with
other departments/divisions and implemented by community staff.
3, Review, Use and Development of Other Boma
Flood Data.
(a) When base flood elevation data has not
been provided in accordance with section 9.45.000(B). the
F|omjp|ain Administrator shall obtain, review, and reasonably utilize
any base flood elevation and fluodwmy data available from afederal
or state ogenoy, or other oourms, in under to administer section
8A3.O8O.
(b) A base flood elevation maybe obtained
using one of two methods from the FEMA publication, FEMA 265.
"Managing F/oodp|ain Development inApproximate Zone A Areas —
A Guide for Obtaining and Developing Bose (1 00-year) Flood
Bewstiuns^, dated July 1QQ5.
4. Notification of Other Agencies
(a) Alteration or relocation ofewatercourse:
(1) Notify adjacent communities and
the California Department of Water Resources prior to alteration or
relocation;
(2) Submit evidence of such
notification tuthe Federal Emergency Management Agency; and
(3) Assure that the flood carrying
capacity within the altered or relocated portion of said watercourse
is maintained.
(b) Base Flood Elevation changes due to
physical alterations
(1) Within G months of information
becoming available or project completion, whichever comes first,
the floodplain administrator shall submit or assure that the permit
applicant submits technical or scientific data boFEMA for a Letter of
Map Revision (LDW1R),
(2) All LUK8R'o for flood control
projects are approved prior to the issuance of building permits,
Building Permits must not be issued based onConditional Letters
of Map Revision (CLDK0R'm). Approved CLOk8R'm a||mvx
construction of the proposed flood control project and land
preparation aa specified in the "start of construction" definition.
(c) Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have
been modified by annexation or other means and include a copy of
o mop of the community o|eody delineating the new corporate
limits.
5 Documentation of F|ondplo}n Development,
Obtain and maintain for public inspection and make available as
needed the following:
(a) Certification required by section
9.45.080(A)(3)(a) and section 9.45.080(D) (lowest floor elevations);
11
Ordinance Number 1640
(b) Certification required by section
0.45.080(A)(3)(N (elevation or floodpmofing of nonresidential
structures);
(c) Certification required by section
8.45.00UK\X3)(c) (wet floodpmofingstandand);
(d) Certification of elevation required by
oeuUun 9.45,080(C)(1)(c) (subdivisions and other proposed
development standards);
(e) Certification required by section
9.45,080(F)(2)(floodmmyenuvoachmenba);
(f) Information required by Section
9.45.O8O(G)(6) (coastal construction ntandmrda);and
(g) Maintain u nacund of all variance ao(ioma,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Emergency
Management Agency.
G. Map Determination. Make interpretations
xxhen* nemded, astothe exact location of the boundaries of the
areas of special flood hazand, where there appears to be a conflict
between a mapped boundary and actual field conditions. The
person contesting the location of the boundary mho|| be given m
reasonable opportunity toappeal the interpretation as provided in
section 9.45.070(D).
7. Remedial Action. Take action to remedy
violations of this chapter os specified in section Q.45.D8U(C).
& Biennial Report, Complete and submit Biennial
Report boFEMA.
9. Planning. Assure community's General Plan is
consistent with Ooodp|ain management objectives herein.
C Admve|upment permit shall be
obtained before any construction or other development, including
manufactured hommm, within any area of special flood hazard
established in 9.45.060(B). Application for a development permit
shall be made on forms furnished by the city. The applicant shall
provide the following minimum information:
Plans in duplicate, drawn to scale, showing:
(a) LocaUun, dimensionm, and elevation of
the area in queotion, existing or proposed struutures, storage of
materials and equipment and their location:
(b) Proposed locations of water supply,
sanitary sewer, and other utilities;
(o) Grading information showing existing
and proposed contours, any proposed fill, and drainage facilities;
(d) Location of the regulatory floodwo
when applicable;
(e) Base flood elevation information as
specified in 9.45.060(B) or section 9.45.070(B)(3);
12
(� Proposed elevation in relation to mean
sea level, of the lowest floor (including basement) of all structures.-
and
(Q) Proposed elevation in relation to mean
sea level to which any nonresidential structure will beOoodproofed.
as required in section 9.45.080(3)(b) of this chapter and detailed in
FEMA Technical Bulletin TB3-81
2. Certification from o nagiabaned civil engineer or
architect that the nonresidential floodpnmofed building meets the
Moodproofing criteria in section 9A6.O8O(\)(3)(b).
3. For o crawl-space foundation, location and
total net area of foundation openings as required in section
9.45.080(A)(3)(n) of this chapter and detailed in FEMA Technical
Bulletins 1-B3 and 7-93.
4. Description of the extent to which any
watercourse will be altered or relocated as a result of proposed
development.
5. All appropriate certifications listed in Section
Q.45.07O(B)(5)of this chapter.
D. Appeals. The city council shall hear and decide
appeals when itisalleged there ioan error in any naquinement,
deoiaion, or determination made by the F|nodp|ain Administrator in
the enforcement or administration of this chapter.
0.45.080. Provisions for Flood Hazard Reduction
A, Standards of construction. In all areas of special
flood hazards the following standards are required:
1. Anchoring. All new construction and
substantial improvements of structunes, including manufactured
bomem, shall be adequately anchored to prevent flotaOon, collapse
or lateral movement of the structure resulting from hydrodynamic
and hydrostatic |oads, including the effects of buoyancy.
2. Construction Materials and Methods. All new
construction and substantial improvements of structures, including
manufactured homes, shall beconstructed:
(a) With flood resistant materials, and utility
equipment resistant to flood damage for areas below the base flood
elevation;
(b) Using methods and practices that
minimize flood damage;
(c) With electrical, heoing, xenU|ation,
plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions
of flooding; and
(d) Within Zones AH or AO, so that there
are adequate drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
3 Elevation and F|oodproofnQ.
13
(a) Residential construction. All new
construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
(1) In AE. AH, Al -30 Zones,
elevated boor above the base flood elevation.
(2) In an AO zone, elevated above
the highest adjacent grade to o height equal to or exceeding the
depth number specified in feet on the F|RK8, or elevated at least 2
feet above the highest adjacent grade if no depth number is
specified.
(3) In an A zone. without BFE'o
specified on the FIRM [unnumbered Azone]. elevated to or above
the base flood elevation; an determined under section
9.45�070(13)(3)�
Upon the completion of the struoune, the elevation of the |mmemt
Ooor, including baooment, oho|| be certified by a registered civil
engineer or licensed land aurveyor, and verified by the community
building inspector hobeproperly elevated. Such certification and
verification shall be provided to the F|oodp|ainAdministrator.
(b) Nonresidential construction. All new
construction or oubobynUe| improvements of nonresidential
sbuuiunaa shall either be elevated to conform with section
9.45.080(A)(3)(o) or:
(1) Be 800dpnooded, bogaUlmr with
attendant utility and sanitary faci|iUes, below the elevation
recommended under section 9.45.080(\)(3)(a). so that the
structure is watertight with walls substantially impermeable to the
passage ofwater;
(3) Have structural components
capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
(3) Be certified by a registered civil
engineer or architect that the standards of section Q.45.O80(A)(3)(a)
and (b) are satisfied. Such certification shall be provided to the
Hoodp|oinAdministmbor.
(c) Flood openings. All new construction
and substantial improvements of structures 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 tuflooding, shall be designed hn automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwater. Designs for meeting this requirement must
meet either of the following minimum criteria:
(1) Have m minimum nf two openings
on different sides having o total net area of not |omu than one
square inch for every square foot of enclosed area subject to
flooding; the bottom of all openings shall beno higher than one foot
above grade; openings may be equipped with screens, |ouvem,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwater; and buildings with more than
one enclosed area must have openings on exterior walls for each
area to allow flood water to directly enter.
14
Ordinance Number 1640
(2) Be certified by a registered civil
engineer orarchitect.
(d) Garages and kw cost accessory
structures.
(1) Attached garages. A garage
attached to a residential mdmdmna, constructed with the garage floor
slab below the BFE, must be designed to aUmm for the automatic
entry of flood waters. See section 9.45.080(A)(3)(c). An*oo of the
garage below the BFE must be constructed with flood resistant
materials. See 946.080KV(2). A garage attached to a
nonresidential structure must meet the above requirements or be
dry floodproofed. For guidance on below grade parking oroao. see
FEyNA Technical Bulletin TB'G
(2) Detached garages and accessory
structures. An accessory structure may ba constructed such that
its Door is below the base flood elevation (BFE), provided the
structure is designed and constructed in accordance with the
following nyquinamen(oi use of the accessory structure must be
limited to parking or limited storage; the portions of the aoomaonry
structure located below the BFE must bo built using flood-resistant
materials; the accessory structure must be adequately anchored ho
prevent flotation, onUmpue and lateral nnomament� any mechanical
and utility equipment in the accessory structure must be elevated or
floudproofed to or above the BFE; the accessory structure must
comply with Ooodp|ain encroachment provisions in section
9.45.O8O(F); and the accessory structure must be designed toallow
for the automatic entry offlood waters in accordance with section
9.45.880(A)(3)(u). Detached garages and accessory structures not
meeting the above standards must be constructed in accordance
with all applicable standards insection 9.45.080(A).
B. Standards for Utilities,
1� All new and replacement water supply and
sanitary sewage systems ahe|| be designed to minimize or
(a) Infiltration of flood waters into the
systems; and
(b) Discharge from the systems into flood
waters.
3 0n'ohe waste disposal systems shall be
located toavoid impairment hothem, or contamination from them
during flooding.
C. Standards for Subdivisions and other Proposed
1. All new subdivisions proposals and other
proposed development, including proposals for manufactured home
parks and subdivisions, greater than 50 lots or acnas, whichever
io the lesser, shall:
(m) Identify the Special Flood Hazard Areas
(SFHA) and Base Flood Elevations (BFE).
(b) Identify the elevations nf lowest floors of
all proposed structures and pads onthe final plans.
15
Ordinance Number 1640
(c) If the site is filled above the base flood
elevation, the following as-built information for each otmotuma ahm||
be certified by o registered civil engineer or licensed land surveyor
and provided ao part ofan application for m Letter of Map Revision
based on Fill (LDyNF-F)to the F|oodp|ainAdministrator:
(1) Lowest floor elevation.
(2) Pad elevation.
(3) Lowest adjacent grade.
2. All subdivision proposals and other proposed
development shall be consistent with the need to minimize flood
damage.
3. All subdivision proposals and other proposed
development shall have public utilities and facilities such an sewer,
gam, electrical and water systems located and constructed to
minimize flood damage.
4, All subdivisions and other proposed
development shall provide adequate drainage to reduce exposure
to flood hazards.
D. Standards for Manufactured Homes.
1. All manufactured homes that are placed or
oubmbantsdk/ improved, on sites located: (1) outside of a
manufactured home park or subdivision; (2) in new manufactured
home park or subdivision; (3) in an expansion to an existing
manufactured home pork or subdivision; or (4) in an existing
manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" an the
result ufo flood, shall:
(a) Within Zones A1-3O.AH. and AEonthe
community's Flood Insurance Rate N1ap, be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood
elevation and be securely hastened to an adequately anchored
foundation system to resist flotaton, collapse, and |atany|
movement.
(b) Within Zones V1'3U.V. and VEonthe
community's Flood Insurance Rate yNap, meet the requirements of
section 9.45,080(G).
2. All manufactured homes to be placed or
substantially improved nn sites in an existing manufactured home
park or subdivision within Zones Al-30, AH, AE, V1'30. V. and VE
un the community's Flood Insurance Rate Map that are not subject
to the provisions ofsection 9.45.080(D)(1) will be meouna|y fastened
to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement, and be elevated so that either the:
(a) Lowest floor mfthe manufactured home
ioator above the base flood elevation; or
(b) Manufactured home chassis in
supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height
above grade.
U
Upon the completion 0f the structure, the elevation of the lowest
floor including basement shall be certified by a registered civil
engineer Vrlicensed land eumeyor, and wadhed by the community
building inspector to be properly elevated. Such certification and
verification shall be provided tothe F|oodp|ainAdministmator.
E Standards for Recreational Vehicles.
1. All recreational vehicles placed in Zones Al-
30, AH, AE, Vl-30 and VE will either:
(a) Be on the site for fewer than 180
consecutive days; or
(b) Be fully licensed and ready for highway
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking myabam, is attached to the site only by quick
disconnect type utilities and security devioms, and has no
permanently attached additiona�or
(c) KXmot the permit requirements of section
945.070(C) of this chapter and the elevation and anchoring
requirements for manufactured homes in section H.45.U8U(D).
2� Recreational vehicles placed on sites within
Zones V1-3O.V. and VE on the community's Flood Insurance Rate
NYmp will meet the requirements of section 9.45.080(E)(1) and
section 9.45,080(G).
F floodways. Since 0oodways are an extremely
hazardous area due to the velocity of flood waters which carry
debhs, potential pnojecti|ma, and erosion potentia|, the following
provisions apply:
1. Until a regulatory floodwey is adopted, no new
construcdon, substantial deve|opment, or other development
(including fill) shall be permitted within Zones A1-3O and AE, un[ona
it is demonstrated that the cumulative effect of the proposed
devdopment, when combined with all other development, will not
increase the water surface elevation of the base flood more than 1
foot ad any point within the city.
2. Within an adopted negu|gtoryOoodwuy. the oib/
shall prohibit encroachments, including fi||, new ounatruction,
substantial improvementa, and other dsme|opment, unless
certification by a registered civil engineer is provided demonstrating
that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
3. If sections 9.45,080(F)(1) and (2) are oatiofied,
all new construction, substantial impromement, and other proposed
new development oho|| comply with all other applicable flood
hazard reduction provisions of section Q.45.08O.
G. Coastal High Hazard Areas. Within coastal high
hazard anaam. Zones V. V1'30. and VE, as established under
section 8.45.O6O(B). the following standards shall apply:
1� All new residential and non-residential
oonmtruutiom, including substantial impnoveonenVdemage, ohm|| be
elevated on adequately anchored pilings or columns and securely
anchored to such pilings or columns so that the bottom of the
lowest horizontal structural member of the lowest floor (excluding
the pilings or columns) is elevated hoor above the base flood level.
17
Ordinance Number 1640
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 mhuU be those
associated with the base flood. Wind loading values used shall be
those required by applicable state or local building standards.
2. All new construction and other development
shall be located on the landward aide of the reach of mean high
tide.
1 All new construction and substantial
improvement shall have the space below the lowest floor free of
obstructions or constructed with breakaway walls as defined in
section A.4G.D6Oof this chapter, Such enclosed space shall not be
used for human habitation and will be usable solely for parking of
vehicles, building access nrstorage.
4. Fill ahoU not be used for structural support of
buildings.
5� Man-made alteration of sand dunes which
would increase potential flood damage is prohibited.
6. The F|oodp|ain Administrator shall obtain and
maintain the following records:
(a) Certification by a registered engineer or
architect that a proposed structure complies with section
8.45.080(G)(1); and
(b) The elevation (in ne|edun to mean sea
level) of the bottom of the lowest horizontal structural member of
the lowest floor (excluding pilings or columns) of all new and
substantially improved structuves, and whether such structures
contain abasement.
9.45-09$ Variance Procedure
A. Nature of Variances. The issuance of avariance is
for Oondp|ein management purposes only. Insurance premium
rates are determined by statute according to actuarial heh and will
not be modified by the granting ofa variance. The variance criteria
set forth in this section of the chapter are based on the general
principle of zoning law that variances pertain hoa piece ofproperty
and are not personal in nature. A variance may be granted fora
parcel of property with physical characteristics so unusual that
complying with the requirements of this chapter would create on
axceptimnol hardship tothe applicant or the surrounding property
owners. The characteristics must be unique bo the property and not
be shared by adjacent parcels. The unique characteristic must
pertain to the land ihoe|[ not to the odmcture, its inhabi(ants, or the
property owners.
It is the duty of the city council to help protect its citizens from
flooding. This need is so compelling and the implications of the
cost of insuring o structure built below flood |avd are so Vehuuo
that variances from the flood elevation or from other requirements
nf this chapter are quite rare. The long term goal of preventing and
reducing food loss and damage can only be met if variances are
strictly limited. Thenefona, the variance guidelines provided in this
chapter are more detailed and contain multiple provisions that must
he met before a variance can bm properly granted. The criteria are
18
designed to screen out those situations in which alternatives other
than a variance are more appropriate.
B. Conditions of Variances.
1 Genend|y, variances may be issued for new
nonytruc±ion, substantial improvement, and other proposed new
development toba erected onm lot of one-half acre or less insize
contiguous to and surrounded by lots with existing structures
constructed below the base flood |ove|. providing that the
procedures of sections Q.45.O7U and Q.45.O8Oof this chapter have
been fully considered. As the lot size increases beyond one-half
aona. the technical justification required for issuing the variance
increases.
3. Variances may be issued for the repair or
rehabilitation of "historic atructunaa" upon a determination that the
proposed repair or rehabilitation will not preclude the structure's
continued designation as an historic structure and the variance is
the minimum nnooaeery to preserve the historic character and
design of the structure.
1 Variances shall not be issued within any
mapped regu|otory0oodway if any increase in flood |eva|o during
the base flood discharge would result.
4. Variances shall only be issued upon a
determination that the variance is the "minimum necessary"
considering the flood hazard, to afford relief. "Minimum necessary"
means to afford relief with a minimum of deviation from the
requirements uf this chapter. For example, in the case ofvariances
to an elevation naquinmment, this means the city council need not
grant permission for the applicant to build at grada, or even to
whatever elevation the applicant 0ropoaee, but only to that
elevation which the city council believes will both provide relief and
preserve the integrity of this chapter.
5. Any applicant towhom avmhanne is granted
ohe|| be given written notice over the signature of a community
official that.-
(o) The issuance ofu variance toconstruct
a structure below the base flood level will result in increased
premium rates for flood insurance uph/ amounts ma high ms $25 for
$10Oof insurance coverage, and
(b) Such construction below the base flood
level increases risks to life and property. |tim recommended that a
copy ofthe ncdiow shall be maomndad by the F|oodp|ainAdminiatmmtur
in the Office cf the Orange County Recorder and shall berecorded
in a manner so that it appears in the chain of title of the affected
parcel of land.
G. The F|oodp|ain Administrator will maintain m
record of all vohenoa modono, including justification for their
ianuanoe, and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
C� Appeal Board.
1 |n passing upon requests for variances, the city
council shall consider all technical eva/ua1ionm, all relevant factors,
standards specified in other sections of this chapter, and the:
ig
Ordinance Number 1640
(a) Danger that materials may be swept
onto other lands to the injury of others;
(b) Danger of life and property due to
flooding or erosion damage;
(c) Susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the existing individual owner and future owners ofthe property;
(d) Importance of the services provided by
the proposed facility tothe community;
(a) Necessity to the facility of a waterfront
location, where applicable;
UU Availability of alternative locations for
the proposed use which are not subject to flooding or erosion
damage-,
(g) Compatibility of the proposed use with
existing and anticipated development;
(h) Relationship of the proposed use to the
comprehensive plan and Ooodp|ain management program for that
area;
(i) Safety of access to the property in time
uf flood for ordinary and emergency vehicles;
0) Expected heightm, ve|ocity, dunoUon,
rate of rise, and sediment transport of the flood waters expected et
the site; and
(k) Costs of providing governmental
services during and after flood nondiUons, including maintenance
and repair of public utilities and facilities such as mewver, gam,
electrical, and water system, and streets and bridges.
2. Variances shall only be issued upon a:
(a) Showing of good and sufficient cause;
(b) Determination that failure to grant the
variance would namub in exceptional "hardship" to the applicant;
and
(c) Determination that the granting of a
variance will not result in increased flood he|ghts, additional threats
to public safety, oraxtnaondinarypub|icexponoe.oreeteonuisance
(see "Public safety and nuisance"), cause "fraud and victimization"
of the public, mr conflict with existing local laws wrordinances.
3. Variances may bo issued for new construction,
substantial impnovament, and other proposed new development
necessary for the conduct ofa functionally dependent use provided
that the provisions cf section H45.00O(C) are satisfied and that the
structure or other development is protected by methods that
minimize flood damages during the base flood and does not result
in additional threats to public safety and does not create a public
nuisance.
4. Upon consideration of the factors of section
0.45.090(B)(1) and the purposes of this ohapter, the city council
moil
Ordinance Number 1640
may attach such conditions \Vthe granting cf variances asbdeems
necessary ho further the purposes of this chapt*r.^
Section 2. The provisions of this (}rdinance, insofar as they are
substantially the name as ordinance provisions previously adopted by the City
relating to the same matter, shall be construed as restatements and
continuations, and not oa new enactments.
Section 3. |f any section, subsection, eubdivimion, punsgruph, mentenuo,
clause or phrase of this Ordinance or any part thereof is for any nyamJn held to
be inva|id, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any part hereof, The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
penaQmph, sentence, clause or phrase heneof, irrespective of the fact that any
one or more sections, eubsections, mubdivimiono, panagraphs, sentenues, clauses
or phrases be declared invalid.
Section 4. The City Clerk mho|| certify tuthe passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required bylaw.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council ad
m regular meeting held on the ____ day uf.2O14.
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY (}FORANGE SS
CITY DF SEAL BEACH }
|. Linda Devine, City Clerk of the City of Seal B*ech, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the _9th day of_ June ,2O14 and was passed, approved and adopted bythe
City Council ate regular meeting held on the day nf_________. 2014 by
the following vote:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1f40 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
K,
O M
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Chapter 9.45
Floodplain Management
§ 9.45.005 Statutory Authorization.
The Legislature has in California Government Code Sections 65302, 65560 and 65800
conferred upon local government units authority to adopt regulations designed to promote the
public health, safety and general welfare of its citizenry. Therefore, the city council does hereby
adopt the following floodplain management regulations.
§ 9.45. 010 Findings of Fact.
A. The flood hazard areas of the city are subject to periodic inundation that results
in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety and general
welfare.
B. These flood losses are caused by uses that are inadequately elevated, flood
proofed or protected from flood damage. The cumulative effect of obstructions in areas of
special flood hazards that increase flood heights and velocities also contributes to the flood loss.
§ 9.45. 015 Statement of Purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
A. Protect human life and health.
B. Minimize expenditure of public money for costly flood control projects.
C. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.
D. Minimize prolonged business interruptions.
E. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special flood
hazard.
F. Help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted areas caused by flood
damage.
G. Ensure that potential buyers are notified that property is in an area of special
flood hazard.
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
§ 9.45.020 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses that are dangerous to health, safety, and property due to
water or erosion hazards, or that result in damaging increases in erosion or flood heights or
velocities.
B. Require that uses vulnerable to floods, including facilities that serve such uses,
be protected against flood damage at the time of initial construction.
C. Control the alteration of natural floodplains, stream channels and natural
protective barriers that help accommodate or channel flood waters.
D. Control filling, grading, dredging and other development that may increase flood
damage.
E. Prevent or regulate the construction of flood barriers that will unnaturally divert
flood waters or that may increase flood hazards in other areas.
§ 9.45.025 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so
as to give them the meaning they have in common usage and to give this chapter its most
reasonable application.
A. Accessory Use: a use that is incidental and subordinate to the principal use of
the parcel of land on which it is located.
B. Alluvial Fan: a geomorphologic feature characterized by a cone or fan-shaped
deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes,
transported by flood flows, and then deposited on the valley floors, and that is subject to flash
flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and
channel migration.
C. Apex: the point of highest elevation on an alluvial fan, which on undisturbed fans
is generally the point where the major stream that formed the fan emerges from the mountain
front.
D. Appeal: a request for a review of the floodplain administrator's interpretation of
any provision of this chapter.
E. Area of Shallow Flog!ftM a designated AO or AH Zone on the FIRM. The base
flood depths range from 1 foot to 3 feet; a clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
F. Area of Special Flood Hazard: see "special flood hazard area."
G. Area of Special Flood - Related Erosion Hazard: the land within the city that is
most likely to be subject to severe flood - related erosion losses. The area may be designated as
Zone E on the FIRM.
H. Area of Special Mudslide (i.e. mudflow) Hazard: the area subject to severe
mudslides (i.e., mudflows). The area is designated as Zone M on the FIRM.
I. Base Flood: a flood that has a 1% chance of being equaled or exceeded in any
given year (also called the "100 -year flood ").
J. Basement: any area of the building having its floor subgrade - i.e., below ground
level - on all sides.
K. Breakaway Walls: any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building material
that is not part of the structural support of the building and that is designed to break away under
abnormally high tides or wave action without causing any damage to the structural integrity of
the building on which they are used or any buildings to which they might be carried by flood
waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no
more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered
engineer or architect and shall meet all of the following conditions:
1. Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood.
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 the base flood.
L. Building: see "structure ".
M. Coastal High Hazard Area: an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other area
subject to high velocity wave action from storms or seismic sources. It is an area subject to high
velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a
FIRM as Zone V1 N30, VIE or V.
N. Development: any man -made change to improved or unimproved real estate,
including without limitation buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
O. Encroachment: the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain that may impede
or alter the flow capacity of the floodplain.
P. Existing 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 before October 26, 1992.
Q. Expansion to an Existing Manufactured Home Park or Subdivision: the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
R. FBFM: the official Flood Boundary and Floodway Map on which FEMA or FIA
has delineated both the areas of special flood hazards and the floodway.
S. FEMA: the Federal Emergency Management Agency.
T. FHBM: the official Flood Hazard Boundary Map on which FEMA or FIA has
delineated the areas of flood hazards.
U. FIA: the Federal Insurance Administration,
V. FIRM: the official Flood Insurance Rate Map on which FEMA or FIA has
delineated both the areas of special flood hazards and the risk premium zones applicable to the
city.
W, FIS: the official Flood Insurance Study provided by FIA that includes flood
profiles, the FIRM, the FBFM and the water surface elevation of the base flood.
*so *
1. 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 or runoff of surface waters from any source; and/or mudslides (i.e., mudflows).
2. The condition resulting from flood-related erosion.
Y. Flood-related Erosion: the collapse or subsidence of land along the shore of a
lake or other body of water as a result of undermining caused by waves or currents of water
exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of nature,
such as a flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event that results in flooding.
Z. Flood-related Erosion Area" or "Flood-related Erosion Prone Area: a land area
adjoining the shore of a lake or other body of water that, due to the composition of the shoreline
or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion
damage.
AA. Flood-related Erosion Area Management: the operation of an overall program of
corrective and preventive measures for reducing flood-related erosion damage, including
without limitation emergency preparedness plans, flood-related erosion control works and
floodplain management regulations.
BB. Floodplain or Flood-Prone Area: any land area susceptible to being inundated by
water from any source - see "flooding."
CC. Floodplain Administrator: the individual appointed to administer and enforce the
floodplain management regulations.
DID. Floodplain Management: the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including without limitation emergency preparedness plans,
flood control works, floodplain management regulations and open space plans.
EE. Floodplain Management Regulations: this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power that controls development in
flood-prone areas. This term describes federal, state or local regulations in any combination that
provide standards for preventing and reducing flood loss and damage.
FF. Flood proofing: any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents. (Refer to
FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet
floodproofing.)
GG. 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. Also referred to as "regulatory floodway."
HH. Floodway Fringe: that area of the floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
11. Fraud and Victimization: fraud on or victimization of the public. In determining
whether granting a variance would result in fraud or victimization, the city council will consider
the fact that every newly constructed building adds to government responsibilities and remains a
part of the community for 50 to 100 years. Buildings that are permitted to be constructed below
the base flood elevation are subject during all those years to increased risk of damage from
floods, while future owners of the property and the community as a whole are subject to all the
costs, inconvenience, danger, and suffering that those increased flood damages bring. In
addition, future owners may purchase the property unaware that it is subject to potential flood
damage, and can be insured only at very high flood insurance rates. (Ord. No. 1533)
JJ. Functionally Dependent Use: a use that cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, and does not include long-term storage or related
manufacturing facilities.
KK. Hardship: the exceptional hardship that would result from a failure to grant the
requested variance. The city council requires that the property characteristics warranting a
variance be exceptional, unusual, and peculiar to the property involved. Mere economic or
financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a
rule, qualify as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different use than originally intended.
(Ord. No. 1533)
LL. Highest Adjacent Grade: the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
MM. Historic Structure: any structure that is either:
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 that have been approved by the Secretary of Interior.
4. Individually listed on a city inventory of historic places, which inventory is
part of a historic preservation program that has been certified either by an approved state
program as determined by the Secretary of the Interior or directly by the Secretary of the
Interior.
NN. Levee: a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow
of water so as to provide protection from temporary flooding.
00. Levee System: a flood protection system that consists of a levee, or levees, and
associated structures, such as closure and drainage devices, that are constructed and operated
in accord with sound engineering practices.
PP. Lowest Floor: the lowest floor of the lowest enclosed area, including basement
(see "basement").
9. An unfinished or flood resistant enclosure below the lowest floor that is
usable solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor provided it conforms to applicable
non-elevation design requirements, including without limitation the following provisions of this
chapter:
a. The wet floodproofing standard.
b. The anchoring standards.
C. The construction materials and methods standards.
d. The standards for utilities,
Z For residential structures, all subgrade enclosed areas are prohibited as
they are considered to be basements (see "basement"). This prohibition includes below-grade
garages and storage areas.
QQ. Manufactured Home: a structure, transportable in one or more sections, that 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
"recreational vehicle."
RR. Manufactured Home Park or Subdivision: a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
SS. Market Value: the figure obtained by estimating the cost to replace the structure
in new condition and adjusting that cost figure by the amount of depreciation, that has accrued
since the structure was constructed. The cost of replacement of the structure shall be based on
a square foot cost factor determined by reference to a building cost estimating guide recognized
by the building construction industry. The amount of depreciation shall be determined by taking
into account the age and physical deterioration of the structure and functional obsolescence as
approved by the floodplain administrator, but shall not include economic or other forms of
external obsolescence. Use of replacement costs or accrued depreciation factors different from
those contained in recognized building cost estimating guides may be considered only if such
factors are included in a report prepared by an independent professional appraiser and
supported by a written explanation of the differences.
TT. Mean Sea Level: the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on the FIRM are referenced.
UU. Mudslide: a condition where there is a river, flow or inundation of liquid mud
down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent
accumulation of water on the ground, preceded by a period of unusually heavy or sustained
rain.
W Mudslide (i.e. mudflow) prone area: an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
WK New Construction: structures for which the "start of construction" commenced on
or after October 26, 1992, and includes any subsequent improvements to such structures.
XX. 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 October 26, 1992.
YY. Obstruction: any dam, wall, wharf, embankment, levee, dike, pile, abutment,
protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock,
gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any
watercourse that may alter, impede, retard or change the direction and/or velocity of the flow of
water, or due to its location, its propensity to snare or collect debris carried by the flow of water,
or its likelihood of being carried downstream.
ZZ. One Hundred Year Flood or 100-year Flood: see "Base Flood".
AAA. Primary Frontal Dune: a continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during major coastal
storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct
change from a relatively mild slope.
BBB. Public Safety Nuisance: anything that is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the
free passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal or basin.
CCC. Recreational Vehicle: a vehicle that is all of the following:
Built on a single chassis.
2. 400 square feet or less when measured at the largest horizontal
;3JMJJJJJJJE=r,
truck.
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
DDD. Regulatory 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'.
EEE. Remedy a Violation: to bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damages, implementing the enforcement
provisions of this chapter or otherwise deterring future similar violations, or reducing state or
federal financial exposure with regard to the structure or other development.
FFF. Riverine: relating to, formed by or resembling a river (including tributaries),
stream, brook, etc.
GGG. Sand Dunes: naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
HHH. Sheet Flow Area: see "area of shallow flooding".
Ill. Special Flood Hazard Area (SFHA): an area in the floodplain subject to a 1 % or
greater chance of flooding in any given year. It is shown on the FHBM or FIRM as Zone A, AO,
Al -A30, AE, A99, AH, V1 430, VIE or V.
JJJ. Start of Construction: includes substantial improvement and other proposed 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 from the date of the permit. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
KKK. Structure: a walled and roofed building that is principally above ground: this
term includes a gas or liquid storage tank or a manufactured home.
LILL Substantial Damage: damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
MMM. Substantial Improvement: any reconstruction, rehabilitation, addition or other
proposed new development of a structure, the cost of which equals or exceeds 50% of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures that have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or
state or local health, sanitary, or safety code specifications that have been identified by the code
enforcement official and that are the minimum necessary to assure safe living conditions.
Z Any alteration of a "historic structure" provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
NNN. V-Zone: see "coastal high hazard area"
000. Variance: a grant of relief from the requirements of this chapter, which relief
permits construction in a manner that would otherwise be prohibited by this chapter.
PPP. 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 by this chapter is presumed to be in
violation until such time as that documentation is provided.
QQQ. Water Surface Elevation: the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
RRR. Watercourse: a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
§ 9.45.030 General Provisions.
A. Lands to Which this Chapter Applies. This chapter shall apply to all areas of
special flood hazards within the jurisdiction of the city.
R Basis for Establishing the Areas of Special Flood Hazard. The areas of special
flood hazard identified by FIA or FEMA in the FIS dated February 4, 2004, accompanying
FIRMs and FBFMs dated February 4, 2004, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part of this chapter. This FIS and
attendant mapping is the minimum area of applicability of this chapter and may be
supplemented by studies for other areas that allow implementation of this chapter and that are
recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs
are on file at city hall.
C. Compliance. No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with this chapter and other applicable
regulations. Violation of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall
prevent the city council from taking such lawful action as is necessary to prevent or remedy any
violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However, where
this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions
shall be:
Considered as minimum requirements.
2. Liberally construed in favor of the city.
3. Deemed neither to limit nor repeal any other powers granted under state
statutes.
F. 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. Larger 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 hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on the part of the city, any
officer or employee thereof, the state, FIA or FEMA for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made hereunder.
§ 9.45.035 Administration.
A. Establishment of Development Permit. A development permit shall be obtained
before any construction or other development begins within any area of special flood hazard.
Application for a development permit shall be made on forms furnished by the floodplain
administrator and may include without limitation: plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
1. Site plan, including without limitation:
a. For all proposed structures, spot ground elevations at building
corners and 20 feet or smaller intervals along the foundation footprint, or 1 foot contour
elevations throughout the building site.
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C. If available, the base flood elevation from the FIS and/or FIRM.
d. If applicable, the location of the regulatory floodway.
2. Foundation design detail, including without limitation:
a. Proposed elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures.
b. For a crawl-space foundation, location and total net area of
foundation openings as required by this chapter and FEMA Technical Bulletins 1-93 and 7-93.
C. For foundations placed on fill, the location and height of fill, and
compaction requirements (compacted to 95% using the Standard Proctor Test method).
3. Proposed elevation, in relation to mean sea level, to which any
nonresidential structure will be floodproofed as required by this chapter and FEMA Technical
Bulletin TB 3-93.
4. All appropriate certifications listed in this chapter.
5. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
B. Designation of the Floodplain Administrator. The city engineer is hereby
appointed to administer, implement and enforce this chapter by granting or denying
development permits in accord with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. The duties and
responsibilities of the floodplain administrator shall include without limitation:
1. Permit Review. Review all development permits to determine that:
a. Permit requirements of this chapter have been satisfied.
lb. All other required state and federal permits have been obtained.
C. The site is reasonably safe from flooding.
d. The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined but a floodway has not
been designated. For purposes of this chapter, "adversely affects" means that the cumulative
effect of the proposed development when combined with all other existing and anticipated
development will increase the water surface elevation of the base flood more than one foot at
any point.
2. Review, Use and Development of Other Base Flood Data.
a. When base flood elevation data has not been provided in
accordance with this chapter, the floodplain administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal or state agency, or
other source, in order to administer Section 9.45.040. Any such information shall be submitted
to the city council for adoption.
b. Alternatively, if no base flood elevation data is available from a
federal or state agency or other source, then a base flood elevation shall be obtained using one
of the following two methods from the FEMA publication "Managing Floodplain Development in
Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood
Elevations" dated July 1995 in order to administer this chapter:
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(a) One hundred year or base flood discharge shall be
obtained using the appropriate regression equation found in a U.S. Geological Survey
publication, or the discharge- drainage area method,
(b) Base flood elevation shall be obtained using the
Quick-2 computer program developed by FEMA.
(2) Detailed method:
(a) 100 year or base flood discharge shall be obtained
using the U.S. Army Corps of Engineers' HEC-HMS computer program.
B. Base flood elevation shall be obtained using the
J.S. Army Corps of Engineers' HEC-RAS computer program.
3. Notification of Other Agencies. In alteration or relocation of a
watercourse:
a. Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation.
b. Submit evidence of such notification to FIA and FEMA.
C. Assure that the flood carrying capacity within the altered or
relocated portion of such watercourse is maintained.
4. Documentation of Floodplain Development. Obtain and maintain for
public inspection and make available as needed the certifications, information and reports
required by this chapter.
5. Map Determinations. Make interpretations, where needed, as to the exact
location of the boundaries of the areas of special flood hazard. Where there appears to be a
conflict between a mapped boundary and actual field conditions, grade and base flood
elevations shall be used to determine the boundaries of the special flood hazard area. The
person contesting the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this chapter.
6. Remedial Action- Take action to remedy violations of this chapter as
specified in this chapter.
D. Appeals. The city council shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination made by the floodplain administrator in
the enforcement or administration of this chapter. Appeals shall be governed by the provisions
of Title 1 of this code.
A. Standards of Construction. In all areas of special flood hazards the following
standards are required:
a. All new construction and substantial improvements shall be
adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring standards of
paragraph (D) below.
2. 'Construction materials and methods. All new construction and substantial
improvement shall be constructed:
a. With flood resistant materials, as specified in FEIVIA Technical
Bulletin TB 2-93, and utility equipment resistant to flood damage.
b. Using methods and practices that minimize flood damage.
C. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
d. If within Zones AH or AO, so that there are adequate drainage
paths around structures on slopes to guide flood waters around and away from proposed
structures.
3. Elevation and floodproofiM.
a. Residential construction, new or substantial improvement, shall have
the lowest floor. (Ord. No. 1533)
(1) In an AO Zone, elevated above the highest adjacent grade
to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at
least 2 feet above the highest adjacent grade if no depth number is specified.
(2) In an A zone, elevated to at least 1 foot above the base
flood elevation; such base flood elevation shall be determined by one of the methods in Section
9.45.035(C)(2).
(3) In all other zones, elevated to at least 1 foot above the
base flood elevation.
Upon the completion of the structure, the elevation of the lowest
floor shall be certified by a registered professional engineer or surveyor, and verified by the
building inspector to be properly elevated. Such certification and verification shall be provided to
the floodplain administrator.
(Ord. No. 1533)
b. Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with paragraph (A)(3)(a) above or together with attendant utility
and sanitary facilities:
(1) Be floodproofed below the elevation recommended under
paragraph (A)(3)(a) so that the structure is watertight with walls substantially impermeable to the
passage of water.
(2) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
(3) Be certified by a registered professional engineer or
architect that the standards of this section are satisfied. Such certification shall be provided to
the floodplain administrator.
C. All new construction and substantial improvement with fully
enclosed areas below the lowest floor (excluding basements) in non-residential structures that
are usable solely for parking of vehicles, building access or storage, and that 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. Designs for meeting this requirement shall follow
the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed either of the
following minimum criteria: (Ord. No. 1533)
(1) Have a minimum of 2 openings having a total net area of
not less than 1 square inch for every square foot of enclosed area subject to flooding. The
bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped
with screens, louvers, valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwater.
(2) Be certified by a registered professional engineer or
architect.
d. Manufactured homes shall also meet the standards in paragraph
(D) below,
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
a. Infiltration of flood waters into the systems.
b. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding,
C. Standards for Subdivisions.
1. All preliminary subdivision proposals shall identify the special flood
hazard area and the elevation of the base flood,
2. All subdivision plans will provide the elevation of proposed structure(s)
and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations
shall be certified by a registered professional engineer or surveyor and provided to the
floodpiain administrator.
3. All subdivision proposals shall be consistent with the need to minimize
flood damage.
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.
5. All subdivisions shall provide adequate drainage to reduce exposure to
D. Standards for Manufactured Homes.
1. All manufactured homes that are placed or substantially improved, within
Zones Al-30, AH, and AE on the FIRM, on sites located:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
C. In an expansion to an existing manufactured home park or
subdivision; or
d. In an existing manufactured home park or subdivision on a site
upon which a manufactured home has incurred substantial damage as the result of a flood;
Shall be elevated on a permanent foundation such that the lowest -floor of
the manufactured home is elevated to at least one foot above the base flood elevation and be
securely fastened to an adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
2. All manufactured homes that are placed or substantially improved on
sites located within Zones V1-30, V, and VE on the FIRM shall meet the requirements of sub-
paragraph (1) and paragraph (G) below.
3. All manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones A11-30, AH, AE, V11-30, V, and
VE on the FIRM that are not subject to the provisions of sub-paragraph (1) will be securely
fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and be elevated so that either:
a. Lowest floor of the manufactured home is at least 1 foot above the
base flood elevation.
b. Manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade.
Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional engineer or surveyor, and
verified by the building inspector to be properly elevated. Such certification and verification shall
be provided to the floodplain administrator.
E. Standards for Recreational Vehicles.
1. All recreational vehicles placed on sites within Zones Al-30, AH, and AE
on the FIRM will either:
a. Be on the site for fewer than 180 consecutive days, and be fully
licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
b. Meet the permit requirements of Section 9.45.035 and the
elevation and anchoring requirements for manufactured homes in paragraph (D)(1) above.
2. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the
FIRM shall meet the requirements of sub-paragraph (1) and paragraph (G) below.
F. Floodways. Located within areas of special flood hazard are areas designated
as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood
waters, which carry debris, potential projectiles, and erosion potential, the following provisions
apply.
1. Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered professional
engineer is provided demonstrating that encroachments shall not result in any increase in the
base flood elevation during the occurrence of the base flood discharge.
2. If sub-paragraph (1) is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other applicable flood
hazard reduction provisions of this section.
G. Coastal High Hazard Areas. Within coastal high hazard areas, the following
standards shall apply:
1. All new construction and substantial improvement shall be elevated on
adequately anchored pilings or columns and securely anchored to such pilings or columns so
that the lowest horizontal portion of the structural members of the lowest floor (excluding the
pilings or columns) is elevated to or above the base flood level. The pile or column foundation
and structure attached thereto is anchored to resist flotation, cQllapse, 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 be those required by applicable state or local building standards.
2, New construction and other development shall be located on the
landward side of the reach of mean high tide.
3. All new construction and substantial improvement shall have the space
below the lowest floor free of obstructions or constructed with breakaway walls. Such enclosed
space shall not be used for human habitation and will be usable solely for parking of vehicles,
building access or storage. Subgrade enclosed areas are prohibited in residential structures.
(Ord. No. 1533)
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5. Man-made alteration of sand dunes that would increase potential flood
damage is prohibited.
6. The floodplain administrator shall obtain and maintain the following
a. Certification by a registered engineer or architect that a proposed
structure complies with sub-paragraph (1).
b. 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,
H. Mudslide (i.e. Mudflow) Prone Areas.
1. The floodplain administrator shall review permits for proposed
construction of other development to determine if it is proposed within a mudslide area.
2. Permits shall be reviewed to determine that the proposed site and
improvement will be reasonably safe from mudslide hazards. Factors to be considered in
making this determination include without limitation:
a. The type and quality of soils.
b. Evidence of ground water or surface water problems.
C' Depth and quality of any fill.
d. Overall slope of the site.
e. Weight that any proposed development will impose on the slope,
3. Within areas that may have mudslide hazards, the floodplain
administrator shall require that:
a. A site investigation and further review be made by persons
qualified in geology and soils engineering.
b. The proposed grading, excavation, new construction, and
substantial improvement be adequately designed and protected against mudslide damages.
C. The proposed grading, excavations, new construction, and
substantial improvement not aggravate the existing hazard by creating either on-site of off-site
disturbances.
slope stability.
d. Drainage, planting, watering, and maintenance not endanger
1. The floodplain administrator shall require permits for proposed
construction and other development within all flood-related erosion-prone areas as known to the
city.
2. Permit applications shall be reviewed to determine whether the proposed
site alterations and improvements will be reasonably safe from flood-related erosion and will not
cause flood-related erosion hazards or otherwise aggravate the existing hazard,
3. If a proposed improvement is found to be in the path of flood-related
erosion or would increase the erosion hazard, such improvement shall be relocated or adequate
protective measures shall be taken to avoid aggravating the existing erosion hazard.
4. Within Zone E on the FIRM, a setback is required for all new development
from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of
a natural vegetative or contour strip. This buffer shall be designated according to the flood-
related erosion hazard and erosion rate, in relation to the anticipated useful life of structures,
and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the
land. The buffer may be used for suitable open space purposes, such as for agricultural,
forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary
and portable structures only,
J. Prohibition on Subgrade Areas for All Residential Structures. For all residential
structures in the City, all subgradle enclosed areas are prohibited as they are considered to be
basements. This prohibition includes below-grade garages and storage areas. (Ord. No. 1533)
§ 9.45.045 Variance Procedure.
A. Nature of Variances.. The variance criteria set forth in this section are based on
the general principle of zoning law that variances pertain to a piece of property and are not
personal in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this chapter would create an
exceptional hardship to the applicant or the surrounding property owners. The characteristics
must be unique to the property and not be shared by adjacent parcels. The unique characteristic
must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the city council to help protect its citizens from flooding. This need
is so compelling and the implications of the cost of insuring a structure built below flood level are
so serious that variances from the flood elevation or from other requirements in the flood
ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage
can only be met if variances are strictly limited. Therefore, the variance guidelines provided in
this chapter are more detailed and contain multiple provisions that must be met before a
variance can be properly granted. The criteria are designed to screen out those situations in
which alternatives other than a variance are more appropriate.
B. Appeal Board.
1. In passing upon requests for variances, the city council shall consider all
technical evaluations, all relevant factors, standards specified in other sections of this chapter,
and:
of others.
a. Danger that materials may be swept onto other lands to the injury
• • •. .0-
C. Susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the existing individual owner and future owners of
the property.
community.
d. Importance of the services provided by the proposed facility to the
e. Necessity to the facility of a waterfront location, where applicable.
f. Availability of alternative locations for the proposed use that are
not subject to flooding or erosion damage.
9. Compatibility of the proposed use with existing and anticipated
development.
h. Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area.
i. Safety of access to the property in time of flood for ordinary and
emergency vehicles.
j. Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
k. Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water system, and streets and bridges.
Z Any applicant to whom a variance is granted shall be given written notice
over the signature of a city official that:
a. The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage.
b. Such construction below the base flood level increases risks to life
and property. It is recommended that a copy of the notice shall be recorded by the floodplain
administrator with the county recorder in a manner so that it appears in the chain of title of the
affected parcel of land.
3. The floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in the biennial report
submitted to the FIA and FEMA.
C. Conditions for Variances.
1. Generally, variances may be issued for new construction, substantial
improvement and other proposed new development to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing structures constructed below the
base flood level, providing that the procedures of Section 9.45.035 and 9.45.040 have been fully
considered. As the lot size increases beyond one-half acre, the technical justification required
for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of "historic
structures" upon a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as an historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if
any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is
the "minimum necessary", considering the flood hazard, to afford relief. "Minimum necessary'
means to afford relief with a minimum of deviation from the requirements of this chapter. For
example, in the case of variances to an elevation requirement, this means the city council need
not grant permission for the applicant to build at grade, or even to whatever elevation the
applicant proposes, but only to that elevation which the city council believes will both provide
relief and preserve the integrity of the local ordinance.
5. Variances shall only be issued upon a finding of all of the following:
a. Showing of good and sufficient cause.
b. Determination that failure to grant the variance would result in
exceptional "hardship" to the applicant,
C. Determination that the granting of a variance 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.
6. Variances may be issued for new construction, substantial improvement,
and other proposed new development necessary for the conduct of a functionally dependent
use provided that the provisions of sub-paragraphs (1) through (5) are satisfied and that the
structure or other development is protected by methods that minimize flood damages during the
base flood and does not result in additional threats to public safety and does not create a public
nuisance.
7. Upon consideration of the factors of paragraph (B)(1) above and the
purposes of this chapter, the city council may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this chapter.