HomeMy WebLinkAboutCC AG PKT 2014-06-23 #GTO: Honorable Mayor and City Council
THRU-. Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
QUBJECT: FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) FLOODPLAIN MANAGEMENT MUNICIPAL
CODE UPDATE
That the City Council waive further reading and adopt Ordinance No. 1640,
amending Chapter 9.45 of the Seal Beach Municipal Code regarding Floodplain
Management.
At the June 9, 2014 City Council meeting, the City Council conducted a public
hearing and introduced first reading of Ordinance No. 1640. It is now appropriate
to adopt the subject ordinance.
F#-,T1W I aellm, A 111UN I ',f X%
This agenda item is categorically exempt from CEQA review under the CEQA
Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the
Environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved it as to form.
There is no financial impact to the City as a result of this proposed action.
Agenda Item — Q
That the City Council waive further reading and adopt Ordinance No. 1640,
amending Chapter 9.45 of the Seal Beach Municipal Code regarding Floodplain
Management.
RWRI
R-29
WPM W'0 0, �7,2/j
Sean P. CrumEy', P.E.
Director • Public
rk'LTO]
9=911111131201MM 5-01720021 IMMMMM
Attachments:
I
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING
AND REPLACING CHAPTER 9.45 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING FLO0DPLA|NMMANAGENHENT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.45 of the Seal Beach Municipal Coda is hereby
repealed in its entirety and replaced with the following:
"Chapter 9.45
Floodplain Management
8�5.010. Statutory Authority
The Legislature nf the State mf California has in Government Code
Sections 65302. 65560. and 85800 conferred upon local
governments the authority to adopt regulations designed to
promote the public hea|th, eafety, and general welfare of its
citizenry. Therefore, the city council Vf the City of Seal Beach does
hereby adopt the following floodplain management regulations.
8.46.020. Findings of Fact
A. The flood hazard areas of the city are subject to
periodic inundation which results in loss of life and property, health
and safety hazandn, disruption of commerce and governmental
merviues, extraordinary public expenditures for flood protection and
relief, and impairment of the tax baoe, all of which adversely affect
the public health, safety, and general welfare.
B. These flood |mames are caused by uses that are
inadequately e|evabed, huodproofed, or protected from flood
damage. The cumulative effect ofobstructions in aoaee of special
flood hazards which increase flood heights and velocities also
contributes tu flood losses.
9'45'038' Statement mfPurpose
|tim 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 legally enforceable
regulations applied uniformly throughout the community to all
publicly and privately-owned land within flood prone, mudslide [i.e.
mud0ow] or flood vu|abad erosion areas. These regulations are
designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood
control projects;
C. Minimize the need for nauoua and relief efforts
associated with flooding and generally undertaken atthe expense
of the general public;
D. Minimize prolonged business interruptions-,
Ordinance Number 1640
E� Minimize damage to pubic facilities and utilities such
as water and gas maims; electric, telephone and sewer lines; and
streets and bridges located in areas nf special flood hazend�
F. Help maintain o stable tax base by providing for the
sound use and development of areas of special flood hazard snms
to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property
isinon area of 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 ofReducing Flood Losses
In order to accomplish its purpooes, this chapter includes
regulations to:
A. Restrict or prohibit uses that are dangerous tohealth,
oahety, and property due towater or erosion hazanJs, or that result
in damaging increases in erosion or flood heights orvelocities;
B. Require that uses vulnerable to flnoda, including
facilities that mmnxa such useu, be protected against flood damage
at the time of initial oonatruc±ion�
.
C. Control the alteration of natural floodp|aino, stream
channels, and natural protective barriers that help accommodate or
channel floodwaters;
D. Control filling, Qrading, dmedging, 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.
9.46.060. Definitions
Unless specifically defined be|ow, words or phrases used in this
chapter shall be interpreted so as hm give them the meaning they
have in common usage and bz give this chapter its most reasonable
application.
A. Accessory structure: means a structure that is either:
Solely for the parking of no more than 2 cars;
or
2. A omaU, low cost shed for limited storage, less
than 1SD square feet and $1.5ODinvalue.
B. Appeal: a request for a review of the F|Vodp|ain
Administrator's interpretation of any provision of this chapter,
C Base flood: o flood which has a one percent chance
of being equaled or exceeded in any given year (also called the
"100-year flood"). Base flood is the berm used throughout this
chapter.
D. the elevation shown on
the Flood Insurance Rabe Map for Zones AE, AH' A1-30. VE and
V1-V30 that indicates the water surface elevation resulting from m
N
flood that has o 1-penzentcv greater chance of being equaled or
exceeded in any given year.
E. Basement: any area of the building having its floor
subg/ade(ie, below ground level) un all sides,
F. any type of wall, whether solid or
lattice, and whether constructed of concrete, masonry, wood, metal,
p|amUu 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
vvmbara. A breakaway wall must have a safe design loading
maaistenma of not less than 10 and no more than 20 pounds per
square foot. Use of breakaway walls must be certified by o
registered engineer or architect and shall meat the following
conditions:
1. Breakaway wall collapse shall naau|t from m
water load less than that which would occur during the base flood;
and
2, The elevated portion of the building ohoU not
incur any structural damage duo to the effects of wind and water
loads acting simultaneously in the event uf the base flood.
G. 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 tohigh
velocity wave action from ntonna or seismic sources. It is an area
subject to high velocity waters, including coastal and bdm|
inundation or tsunamis. The area is designated on a Flood
|nnunance Rate Map (F|RKH)ao Zone V1-V30.VE.orV.
H. Development: any man-made change to improved or
unimproved real emtatm, including but not limited to buildings or
other structures, mining, dredging, fi||ing. Qneding, paving,
exoevaUon, or drilling operations, or storage of equipment or
materials.
|. the advance or infringement ofuses,
plant gnowdh, fi||, excavation, bui{dingu, ponnmnerd wtmztunaa or
development into m floodp|ain that may impede or alter the flow
capacity ufeUoodp|ain.
J. Existing manufactured home park or subdivision:
means 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 2G.1UQ2�
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
uti|diem, the construction of mtnaets, and either final site grading or
the pouring nf concrete pnda).
Ordinance Number 1640
1. Agoneral and temporary condition of partial m
complete inundation of normally dry land areas from the overflow of
inland wr tidal waters; the unusual and rapid accumulation orrunoff
of surface waters from any source; and/or mudslides (i.e.,
mudflovws);and
2. The condition resulting from flood-related
erosion.
M, Flood Boundary and Floodway Mai) (FBFM): the
official map cmwhich the Federal Emergency Management Agency
or Federal Insurance Administration has delineated both the areas
of special flood hazards and the 0oodwoy.
N. official map
on which the Federal Emergency Management Agency or Federal
Insurance Administration has delineated both the anaoa of special
flood hazards and the risk premium zones applicable to the
community.
O. the official report provided by
the Federal Insurance Administration that includes flood profiles,
the Flood Insurance Rate Map, the Flood Boundary and F|oodvvay
Map, and the water surface elevation of the base flood,
P. any land area
susceptible hm flooding by water from any source,
O. the public official
designated by title to administer and enforce the floodp|ain
management regulations.
R. the operation of an pvoro||
program of corrective and preventive measures for reducing flood
damage and preserving and mnhanoing, where poyoib|e, natural
resources in the floodp|oin. including but not limited to emergency
preparedness A|ana, flood control mmrks. Ooodp|ain management
regulations, and open space plans.
S. this chapter and
other zoning ordinanoeo, subdivision nagu|adona, building oodes,
health nogu|etinns, special purpose ordinances (such as grading
and erosion control) and other application of police power that
control development in flood-prone areas. This hann describes
federo|, state, or local nagu|oUona in any combination thereof that
provide standards for preventing and reducing flood loss and
damage,
T. flogdp[oofing: any combination of structural and
nonstructural oddidone, ohangem, or adjustments to structures that
reduce ur eliminate flood damage to real estate or improved nsa|
property, water and sanitary facilities, structures, and their contents.
For guidelines on dry and wet Doodprnofing. see FEMAYeuhnica|
Bulletins TB 1-93. T83-83. and TB 7'93.
U the channel of
river Vr other watercourse and the adjacent land areas that must bo
reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
V. as related to section
8.45.000 of this chapter, means that the variance granted must not
cause fraud on or victimization of the public. In examining this
requirement, the city council will consider the fact that every newly
4
Ordinance Number 104O
constructed building adds to government responsibilities and
remains u part of the community for fifty to one hundred years.
Buildings that are permitted hobeconstructed 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 cosds, inoonvan|ence,
danyer, and suffering that those increased flood damages bring. In
addibon, future owners may purchase the pmoperty, unaware that it
is subject to potential flood dammge, 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 feoi|iUee,
port facilities that are necessary for the loading and unloading of
cargo or paaaenQen$, and ship building and ship repair facilities,
and does not include long-term storage orrelated manufacturing
facilities.
X. Hardship: for purposes of section 9.45,000 of this
chapta|, an exceptional hardship that would result from m failure to
grant the requested variance. Avahanoe may only be granted if
the hardship is exteptione|, unuauu|, and peculiar to the property
involved, Mere economic or financial hardship alone is not
exceptional. |noonveniemoe, aesthetic cono\denabonn, physical
handioapo, personal prmfonenoea, or the disapproval of one's
neighbors likewise uannot, an a ru|e, qualify as on exceptional
hardship. All of these problems can be resolved through other
means without granting m vahence, even if the alternative is more
expenniwa, or requires the property owner to build elsewhere or put
the parcel to e different use than originally intended.
Y. the highest natural elevation
of the ground surface prior to construction next to the proposed
walls of a structure.
Z� any structure that is:
1. Listed individually in the National Register of
Historic Place (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as
meeting the vsquin*nnanta for individual listing on the National
Register;
2. Certified or preliminarily determined by the
Secretary of the Interior ao contributing bo the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify aoa 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; mr
4. Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either byanapproved 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 structuna, usually an earthen
embankment, designed and constructed in accordance with sound
engineering practices to contain, control mr divert the flow cfwater
moamho provide protection from temporary flooding.
BB� o flood protection system that consists
of levee, or |eveem, and associated ntructures, such on closure
and drainage devices constructed and operated in accord with
sound engineering practices.
CC� Lowest floor: the lowest floor of the |mmemt enclosed
area, including abasement
1. An unfinished or flood resistant enclosure
below the lowest floor that is usable solely for parking of vehides,
building access or storage inan area other than a basement area,
is not considered a building's lowest floor provided it conforms to
applicable non-elevation design requiramenbe, inu|uding, but not
limited to:
(a) The flood openings standard in section
9.45.080(A)(3)(c);
(b) The anchoring standards in section
9.45.080(A)(1);
(c) The construction materials and methods
standards in section Q.46.08U(A)(2); and
(d) The standards for utilities in section
9.45,080(B).
2. For residential atructures, all mubgrade
enclosed areas are prohibited as they are considered to be
basements (nee "Basement"). This prohibition includes below-
grade garages and storage areas.
DD. Manufactured home. a structure, transportable inone
or more eeutona, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
attached to the required utilities, The term "manufactured home"
does not include a "recreational vehicla.^
EE. a parcel (or
contiguous pan:e|m) of land divided into two or more manufactured
home lots for rent orsale.
FF. 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 mince
the structure was constructed. The cost of replacement of the
structure shall ba based ona 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 floodp|ain adminiatnator, but shall not include
economic or other forms of external obsolescence. Use of
nap|auemard costa or accrued depreciation factors different from
those contained in recognized building cost estimating guides may
be considered only if such factors are included ina report prepared
by an independent professional appraiser and supported by a
written explanation of the differences.
8G. for purposes of the Nodnne| Flood
Insurance Program, the National Geodetic Vertical Datum (N8VD)
of 1920. North American Vertical Datum (N/A/D) of 1988, or other
daLum, to which base flood elevations shown on o community's
Flood Insurance Rate Map are referenced.
R
Ordinance Number 164U
HH. for Ooodplain management
purposeu, structures for which the "start of construction"
commenced on or after October 26. 1992. and includes any
subsequent improvements to such structures.
U. e
manufactured home park or subdivision for which the construction
of facilities for servicing the lots nn which the manufactured homes
are tobe affixed (including ata minimum, the installation ofutilities,
the construction of ntreets, and either final site grading or the
pouring of concrete pads) is completed on or after October 26.
1992.
JJ. Obstruction: inc|udes, but is not limited to, any dam,
waU, wharf, embankment, !evee, dikm, pi|e, abutment. pnohmoUon.
*xuavadVn, uhanne|ization, bddge, cunduit, cu|ved, bui|ding, vvina'
fenma, ronk, gnama|, refbse, fiU, otructuns, vegetation or other
material in, along, across or projecting into any watercourse that
may o|Uar, impode, retard or change the direction and/or velocity of
the flow of water, or due to its |ocodon, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being
carried downstream.
M 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 m relatively mild slope.
LL. for purposes of section
9.45.090 of this nhapter, anything injurious to safety or health of an
entire community or neighborhood, or any considerable number of
pensons, or that unlawfully obstructs the free and customary
passage or use of any navigable |ake, or hver, bmy, mtneam, canal,
or basin.
MM. Recreational vehicle: A vehicle that is:
Built ona single chassis;
2. 40 square feet m less when measured at the
largest horizontal projection;
3. Designed to be self-propelled or permanently
towable bya light-duty truck; and
4. Designed primarily not for use ooapermanent
dwelling but as temporary living quarters for recreational, campinQ.
travel, or seasonal use.
NN. 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 one foot.
00. to bring a structure orother
development into compliance with State or local floodpleim
management regulations, or if this is not poanbke, 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 damages, implementing the enforcement provisions nf
this ohapter, or otherwise deterring future similar vin|mbon$. or
7
reducing State or Federal financial exposure with regard bmthe
structure or other development.
PP. RkeriIe: relating to, formed by, or resembling ahwsr
(including thbudahem). stream, brook, etc.
O{]. Sand �dunes: naturally occurring accumulations of
sand in ridges wr mounds landward nf the beach.
RR. Special flood hazard area (SFHA) or Area of special
flood hazard: an area in the floodplain subject to a 1 percent or
greater chance of flooding in any given year. It is shown on an
FHBM or FIRM as Zone A, AO, Al-A30, AE, A99, AH, V1430, VE
or V.
S& substantial improvement and
other proposed new development and means the date the building
permit was issued, provided the actual start ofconstruction, rapoir,
reconnbuction, nahabi|itmdon, addidon, p|auement, or other
improvement was within 18O days from the date of the permit. The
actual start means either the first placement of permanent
construction ofa structure nna site, such ae the pouring of slab or
footings, the installation cf piles, the construction of columns, orany
work beyond the stage of excavation; or the placement of a
manufacture home qnmfoundation. Permanent construction does
not include land preparation, such anclearing, Qrnding, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, fooUngs, pimrm, or
foundations or the erection of temporary forms; nor does it include
the installation on the of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main structure. Fora subobonUm| impnnvement, the actual start of
construction means the first alteration of any mmU. cai!ing. UoVr, or
other structural pert of o bui|ding, whether or not that alteration
affects the external dimensions of the building.
TT. Structure: a walled and roofed building that is
principally above ground; including a gas or liquid storage tank or
manufactured home.
UU. damage of any origin sustained
by a structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 5O percent ofthe
market value of the mtructuny before the damage occurred.
VV any reuonedmoUon,
rehabilitation, addition, or other improvement cda structure, the cost
of which equals or exceeds 50 percent of the market value of the
structure before the "start of construction" of the improvement. This
benn includes structures that have incurred "substantial damage",
regardless of the actual repair work performed, Substantial
improvement does not include the following:
1. Any project for improvement of o structure to
correct existing violations or state or local hea|th, manibmry, or safety
coda specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; nr
2. Any a|hanedon ofa "historic atructunm.^ provided
that the alteration will not preclude the structure's continued
designation mma "historic otruotuna,"
9
Ordinance Number 1640
WW. Variance: agrant of relief from the requirements of
this chapter which permits construction in a manner that would
otherwise be prohibited by this chapter.
)X- Violation: the failure of a structure or other
development to be fully compliant with this chapter. A structure or
other development without the elevation certificato, other
certifications, or other evidence of compliance required in this
chapter in presumed to be in violation until such time as that
documentation isprovided.
YY. the hei8ht, in relation to the
National Geodetic Vertical Datum (NGVD)of102Q. North American
Vertical Datum (NAVD)of1Q8O.or other datum, cf floods ofvarious
magnitudes and frequencies inthe floodp|minocf coastal orhvehne
onsoa.
ZZ. Watercourse: o |ako, hver, urmek, ntnaam, wmoh,
annyo, 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,
9.45.060' General Pnmx|miomm
A, Lands to which this Chapter Applies. This chapter
shall apply to all mrmmo 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 idenUfiedbythe Federal
Emergency Management Agency IFEMA) in the "Flood Insurance
Study (F|S) for the city of Seal Beach" dated February 4.2UO4.with
accompanying Flood Insurance Rate Maps (F|RK8'm) and Flood
Boundary and F|oodway [Nmpo (FBFK0'a). dated February 4, 2004.
and all subsequent amendments and/or navimiuno, are hereby
adopted by reference and declared to be a part of this chapter.
This F|S and attendant mapping is the minimum area of
applicability of this chapter and may be supplemented by studies
for other areas which oUmw implementation of this chapter and
which are recommended to the dh/ council by the F|nwdp|min
Administrator. The study, F|RK0'o and FBFN1'e are on file at city
hall.
C. Compliance. No mdmdona or land shall hereafter be
constructed. |cxated, extended, converted, or altered without full
compliance with the terms of this chapter and other applicable
regulations. \8odmti*n of the requirements (including violations of
conditions and safeguards) ahmU constitute amisdemeanor. Nothing
herein shall prevent the city council from taking such lawful action oe
is necessary to prevent or remedy any violation.
D. Abrogation and Greater Restrictions. This chapter ie
not intended to repeal, abrogate, or impair any existing eaoemants,
covmnantu, or deed restrictions. However, where this chapter and
another ordinance, eaoememd, com*nant, 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 am minimum requirements;
Liberally construed in favor ofthe city; and
9
3. Deemed neither to limit nor repeal any other
powers granted under state statutes.
F. Warninq and Disclaimer of Liabilily. The degree of
flood protection required by this chapter ia considered reasonable for
regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on nanu occasions.
Hood heights may be increased by men-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 ba free from
flooding or flood damages. This chapter shall not create liability on
the part of the cby, any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made hereunder.
9.45.070. Administration
A. Designation of the Floodplain Administrator. The City
Engineer is hereby appointed to administer, imp|ement, 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 Hoodp/ain
Administrator include, but are not limited to, the following:
1. Permit Review. Review all development
permits to determine if:
(a) Permit requirements of this chapter
have been oatiufied, including determination of substantial
improvement and substantial damage of existing structures;
(b) All other required state and hadeny|
permits have been obtained;
(o) The site in reasonably safe from
flooding;
(d) The proposed development dues not
adversely affect the carrying capacity mfareas where base flood
elevations have been determined but a fluodway has not been
designated, This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the
base flood more than 1 foot at any point within the city; and
(e) All Letters of Map Revision (LON1R'm)for
flood oonhn| projects are approved prior hrthe issuance of building
permits. Building Permits must not be issued based onConditional
Letters of Map Revision (CL[>K8R[m). Approved CL0K8R'mallow
construction of the proposed flood control project and land
preparation oe specified in the "start of construction" definition.
2. Development of Substantial Improvement and
Substantial Damage Procedures.
(a) Using FEMA publication FEMA 213'
^Anamena to Questions About Substantially Damaged Buildings,"
develop detailed procedures for identifying and administering
requirements for substantial improvement and substantial damnQe,
to include defining "Market Vm)ue.^
iul
Ordinance Number 1640
(b) Assure procedures are coordinated with
other departments/divisions and implemented by community staff.
3. Review, Use and Development of Other Base
Flood Data.
(a) When base flood elevation data has not
been provided in accordance with section 9.45.060(B). the
Fioudp|ain Administrator shall obtain, naview, and reasonably utilize
any base flood elevation and floodway data available from afederal
or state agenpy, or other youoe, in order to administer section
8.45.080.
(b) A base flood elevation may be obtained
using one oftwo methods from the FEMApub|inaUon. FEMA2G5.
"Managing F|opdp|min Development in Approximate Zone A Areas —
A Guide for Obtaining and Developing Base (100-year) Flood
Elevations", dated July 1995.
4. Notification of Other Agencies
(a) Alteration or relocation ofawatercourse:
(1) Notify adjacent communities and
the California Department uf Water Resources prior tm alteration or
relocation;
(2) Submit evidence of such
notification tn the 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 find.
thefloodp|ain administrator shall submit orassure that the permit
applicant submits technical or scientific data toFEyNA for o Letter uf
Map Revision (LOyNR).
(2) All LOyNR'a for flood control
projects are approved prior to the issuance of building permits.
Building Permits must not beissued based on Conditional Letters
of Map Revision (CLOyNR'm). Approved CLOK8R'm oUmw
construction of the proposed flood control project and land
preparation sm 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 Vr other means and include a copy of
a map of the community clearly delineating the new corporate
limits.
5. Documentation of F|oodp|ain Development.
Obtain and maintain for public inspection and make available as
needed the following:
(a) Certification required by section
Q.4S.O8Q(A)(3)(a) and section &.45.O8O(D) (lowest floor e|avetionm);
11
¢0 Certification required by section
9.45.080(A)(3)(b) (elevation or floodproohng of nonresidential
structures);
(o) Certification required by section
9.45.080(4)(3)(c)(xet floodproofingstandand);
(d) Certification of elevation required by
section 9.45.080(C)(1)(o) (subdivisions and other proposed
development standards);
(e) Certification required by section
9.45.080(F)(2) (#pudvwayannmachmente);
(0 Information required by Section
945.D0D(G)(S) (coastal construction abandarde);and
(g) Maintain a record of all variance actions,
including justification for their immuanom, and report such variances
issued in its biennial report submitted to the Federal Emergency
Management Agency.
6. yNop OedexninnUnn Make interpretations
where needed, as to the exact location of the boundaries of the
areas nf special flood hazard, where there appears tobeaconflict
between a mapped boundary and actual field conditions. The
person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
section 9.45.070(D).
7. Remedial Action. Take action to remedy
violations of this chapter am specified in section 9.4h.0S8(C).
8. Biennial Report. Complete and submit Biennial
Report to FEMA
8. Planning. Assure community's General Plan is
consistent with flwudp|ain management objectives herein.
C� Development Permit. A development permit shall be
obtained before any construction or other development, including
manufactured hommo, within any area of special flood hazard
established in 8.45.860(B). Application for a development permit
shall be made mn forms furnished by the city. The applicant shall
provide the following minimum information:
Plans in duplicate, drawn to scale, showing:
(a) Locstimn, dimensionm, and elevation of
the area in question, existing or proposed structureo, storage of
materials and equipment and their location;
(b) Proposed locations of water oupp|y,
sanitary sewer, and other uti|iUea;
(c) Grading information showing existing
and proposed contours, any proposed fi||.and drainage facilities;
(d) Location of the regulatory #oodway
when applicable-,
(e) Base flood elevation information an
specified in 9.45.060(B) or section 9.45.070(B)(3);
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(f) Proposed elevation in relation to mean
sea level, of the lowest floor (including basement) of all structures;
and
(g) Proposed elevation in relation tomean
sea level bm which any nonresidential structure will beOoodproofed.
as required in section 8.45.080(3)(b) of this chapter and detailed in
FEMA Technical Bulletin TB3'S3.
2. Certification from o registered civil engineer or
architect that the nonresidential Ooodproohed building meets the
Moodpnoofing criteria in section Q.45.08O(4)(3)(b).
3. For a crawl-space foundation, location and
total net area of foundation openings an required in section
9.45.080(A)(3)(o) of this chapter and detailed in FEMA Technical
Bulletins 1-Q3 and 7-Q3.
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
9.45.U7U(B)(5)of this chapter.
D. Appeals. The city council mhmU hear and decide
appeals when it is alleged there is an error in any pequimment,
dmosion, or determination made by the Floodp|sin Administrator in
the enforcement or administration of this chapter.
9.45.080' 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 mdructumaa, including manufactured
Momeo, shall be adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects mJbuoyancy.
2. Construction Materials and Methods. All new
oonabooUon and substantial improvements of structures, including
manufactured homes, shall beconstructed:
(m) With flood resistant materials, and utility
equipment resistant to flood damage for areas below the base flood
elevation;
(b) Using methods and pnsuUoea that
minimize flood damage;
(c) With e|euhuV|, heahng, mand|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, on that there
are adequate drainage paths around structures on slopes hoguide
flood waters around and away from proposed structures.
Elevation and Floodpnoofing.
iR,
Ordinance Number 1640
(a) Residential construction. All new
construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
(1) In /\E. AH. A1-30 Zones,
elevated tnorabove the base flood elevation.
(2) In an AD zona, elevated above
the highest adjacent grade tp a height equal to or exceeding the
depth number specified in hmed on the F(RK8, or elevated at least
feet above the highest adjacent grade if no depth number is
specified.
(3) In an A zone, without BFE'a
specified on the FIRM [unnumbered Azono]. elevated to or above
the base flood elevation; as determined under section
9.45.070(B)(3).
Upon the completion of the struotuna, the elevation of the lowest
Ooor, including baaemamd, mhm|| be certified by a registered civil
engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and
verification shall bm provided bu the Hoodp|ainAdministrator.
(b) Nonresidential construction. All new
construction or substantial improvements of nonresidential
structures shall either be elevated to conform with section
0.45.080(A)(3)(a)or
(1) Be 8omdpnzofed, together with
attendant utility and sanitary 8aci|ibes, below the elevation
recommended under section 8.45.080(\)(3)(a). an that the
structure is watertight with walls substantially impermeable hmthe
passage ofwater;
(2) 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.4S.88O(A)(3)(a)
and (b) are satisfied. Such certification shall be provided to the
F|omjp|minAdminiatrabor.
(c) Flood openings. All new construction
and oubmdmnbal improvements of structures with fully enclosed
areas below the lowest floor (excluding basements) that are usable
solely for parking of vehicles, building access orstorage, and which
are subject hoflooding, shall be designed to automatically equalize
hydrostatic flood forces on exterior wmUm by m||mwinU for the entry
and exit of floodwater. Designs for meeting this requirement must
meet either of the following minimum criteria:
(1) Have a minimum of two openings
on different sides having a bzba| net area of not |eua than one
square inch for every square foot of enclosed area subject to
flooding; the bottom of all openings shall bano higher than one foot
above grade; openings may be equipped with acnyena. |nuvem,
valves nr 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 tw allow flood water hu directly enter.
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(2) Be certified by a registered civil
engineer Vrarchitect.
(d) Garages and |m* cost accessory
structures.
(1) Attached garages. A garage
attached tmu residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic
entry of flood waters. See section 0.45.080(4)(3)(u). Areas of the
garage below the BFE must be constructed with flood resistant
materials. See 845.080(A)(2). A garage attached to a
nonresidential structure must meet the above requirements or be
dryfloodpnoofed. For guidance on below grade parking anaes. mms
FEMA Technical Bulletin TB-6.
(2) Detached garages and accessory
structures. An accessory structure may be constructed such that
its floor is below the base flood elevation (BFE), provided the
structure is designed and constructed in accordance with the
following requirements: use of the accessory structure must be
limited to parking or limited stwnmQo; the portions of the accessory
structure located below the BFE must be built using flood-resistant
materials; the accessory structure must be adequately anchored tw
prevent flotation, collapse and |oteny| movement any mechanical
and utility equipment in the accessory structure must be elevated ur
floodpnoofad bnor above the BFE; the accessory otmotuma must
comply with floodp|min encroachment provisions in section
Q.45.080(F); and the accessory structure must be designed hmallow
for the automatic entry of flood waters in accordance with section
8.45.080(A)(3)(c). Detached garages and accessory structures not
meeting the above standards must b* constructed inaccordance
with all applicable standards in section 9.45.D8O(A).
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; and
(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 and other Proposed
1. All new subdivisions proposals and other
proposed deve|opment, including proposals for manufactured home
perks and subdivisions, greater than 50 lots or 5 aonsn, whichever
ie the lesser, shall:
(a) Identify the Special Flood Hazard Areas
(SFH/) and Base Flood Elevations (BFE).
(b) Identify the elevations of lowest floors of
all proposed structures and pads onthe final plans.
15
Ordinance Number 1G4Q
(c) If the site is filled above the base flood
elevation, the following as-built information for each obuctuna aheU
be certified by a registered civil engineer or licensed /and surveyor
and provided as part of an application for Lotter of Map Revision
based on H|| (LUW1F-F)tmthe F|oodp|oinAdminimtrator:
(1) Lowest floor elevation.
(2) Pad elevation.
(3) Lowest adjacen Qmda
2. All subdivision proposals and other proposed
development nhd| be consistent with the need to minimize flood
3. All subdivision proposals and other proposed
development shall have public utilities and facilities such oosewer,
goo, electrical and water systems located and constructed to
minimize flood damage.
4. All subdivisions and other propose
development shall provide adequate drainage to reduce exposure
to flood hazards.
D. Standards for Manufactured Homes.
1� All manufactured homes that are placed or
substantially impnoved, on sites located: (1) outside of a
manufactured home pork or subdivision; (2) in u new manufactured
home park or subdivision; (3) in an expansion to on existing
manufactured home park or subdivision; or (4) in on existing
manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the
result ofa flood, shall:
(o) Within Zones A1'3O.AH. and AE on the
community's Flood Insurance Rate K8ap, be elevated on o
permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood
elevation and be necona|y fastened to an adequately anchored
foundation system to resist Ontation, collapse, and lateral
movement.
(b) Within Zones V1-30, V. and VEonthe
community's Flood Insurance Rate NYap, meet the requirements of
section 9.45.080(G).
2. All manufactured homes to be placed or
substantially improved on sites inan existing manufactured home
park or subdivision within Zones A1'3O. AH. AE, V1-30. V^ mndVE
on the community's Hood Insurance Rate Map that are not subject
to the provisions of section 945D8O(D)(1) will be securely fastened
to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement, and be elevated so that either the:
(a) Lowest floor of the manufactured home
ioator above the base flood elevation; or
(b) Manufactured home ohoyyia is
supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 38 inches in height
above grade.
M
Ordinance Number 1640
Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered civil
engineer orlicensed land surveyor, and wadfimd by the community
building inspector to be properly elevated. Such certification and
verification shall be provided to the Roodp|ainAdministrator.
E, Standards for Recreational Vehicles.
1. All recreational vehicles placed in Zones A1'
30.AH,AE.V1-30 and VE will eitheri
(a) Be on the site for fewer than 100
consecutive daya�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 system, is attached to the site only by quick
disconnect h/pm utilities and security devicem, and has no
permanently attached additions; or
(n) Meet the permit requirements of section
8.45.070(C) of this chapter and the elevation and anchoring
requirements for manufactured homes in section 8.45.O8O(0).
2. Recreational vehicles placed on sites within
Zones V11-30, V. andVE on the community's Flood |nsunmmmm Rate
Map will meet the requirements of aeohnn 9.45.080(E)(1) and
section 9.45.080(G).
F. floodwaysL Since 0oodvmaym are an extremely
hazardous area due to the velocity of flood wehyns which carry
debrim, potential pnojacti|oe, and erosion potenba|, the following
provisions apply:
1� Until a regulatory Uoodwayioadopted, no new
conmtructiun, substantial deve|upment, or other development
(including fill) shall be permitted within Zones A1'3O and AE, unless
it is demonstrated that the cumulative effect of the proposed
dove|upment, when combined with all other development, will not
increase the water surface elevation of the base flood more than 1
foot at any point within the city.
2. Within an adopted nagu|ahoryflomdway. the city
shall prohibit encroachments, including 0|, new oonotnu(tinn,
substantial improvementm, and other deve|opment, unless
certification bye registered civil engineer is provided demonstrating
that the proposed encroachment shall not result in any increase in
flood levels during the occurrence Vf the base flood discharge.
3. If sections 0.45.080(F)(1) and (2) are 4etiofied,
all new construction, substantial improvement, and other proposed
new development shall comply with all other applicable flood
hazard reduction provisions nf section 9.45.O80,
G. Coastal High Hazard Areas. Within coastal high
hazard areas, Zones V' V1'30. and VE, as established under
section 9.45,OGO(B). the following standards shall apply:
1. All new residential and non-residential
opnstmction, including substantial impnovemenVdamage, shall 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) iu elevated toor above the base flood level.
17
Ordinance Number 1640
The pile or column foundation and structure attached thereto is
anchored to resist flotation, cdlapoe, and lateral movement due 10
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. All new construction and other development
shall be located on the landward side of the reach of mean high
3. All new construction and substantial
improvement shall have the space below the lowest floor free of
obstructions or constructed with breakaway wm||e as defined in
section 9.45.O5Oof this chapter. Such enclosed space shall not be
used for human habitation and will be usable un|a|y for parking of
vehicles, building access orstorage.
4, Fill shall not be used for structural support of
buildings.
6. Man-made alteration of sand dunes which
would increase potential flood damage improhibited.
8. The F|uudp|ain Administrator shall obtain and
maintain the following records:
(a) Certification by a registered engineer or
architect that a proposed structure complies with section
9.45.080(G)(1); and
(b) The elevation (in nu|okion to mean sea
level) of the bottom of the |cwvaot horizontal structural member of
the lowest floor (excluding pilings or oo|umno) of all new and
substantially improved stnuctunon, and whether such structures
contain abasement.
9/45.090. Variance Procedure
A. Nature of Variances. The issuance of a variance ia
for floodplain management purposes only. Insurance premium
rates are determined by statute according hoactuarial risk and will
not be modified by the granting mfavariance. The variance criteria
set forth in this section of the chapter are based on the general
principle of zoning law that variances pertain toa piece ofproperty
and are not personal in nature. Avariunue 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 nr 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 sdruotu,e, 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 structure built below flood level are so serious
that variances from the flood elevation or from other requirements
of this chapter are quite rare. The long term goal nf preventing and
reducing flood |nms and damage can only be met if variances are
strictly limited. Thonefona, the variance guidelines provided in this
chapter are more detailed and contain multiple provisions that must
be met before m variance can bm properly granted. The criteria are
W.,
Ordinance Number 1B40
designed to screen out those situations in which alternatives other
than n variance are more appropriate.
B, Conditions of Variances.
1� Generally, variances may be issued for new
ounobnndon, substantial impnmemerd, and other proposed now
development to be erected on m lot of one-half acre or |eme in size
contiguous to and surrounded by lots with existing structures
constructed below the base flood |eve1, providing that the
procedures of sections 8.45.070 and 845.080 of this chapter have
been fully considered. As the lot size increases beyond one-half
aone, the technical justification required for issuing the variance
increases.
2. Variances may be issued for the repair or
nahobi|ibeUun 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 io
the minimum necessary to preserve the historic character and
design ofthe structure.
3. Variances whmU not be issued within any
mapped regulatory floodway if any increase in flood levels during
the base flood discharge would result,
4. Variances oho|| only be issued upon a
determination that the variance is the "minimum necessary"
considering the flood hazard, tm afford relief. "Minimum necessary"
means to afford relief with a minimum of deviation from the
requirements of this chapter. For example, in the case ofvariances
to an elevation nequiremerd, this means the city council need not
grant permission for the applicant to build at gn*de, or even to
whatever elevation the applicant proposnm, but only to that
elevation which the city council believes will both provide relief and
preserve the integrity of this chapter.
G� Any applicant tnwhom avariance is granted
shall be given written nsdoa over the signature of a community
official that:
(a) The issuance ufo variance toconstruct
m structure below the base flood level will result in increased
premium rates for flood insurance upto amounts eo high ams25for
$1OOmf insurance coverage, and
(b) Such construction below the base flood
level increases risks bo life and property, |tis recommended that a
copy of the notice shall be recorded bythe F|oodp|ainAdministrotor
in the Office of the Orange County Recorder and nhmU be recorded
in m manner so that it appears in the chain of title of the affected
parcel nfland.
8. The F|oodp|ain Administrator will maintain a
record of all variance actions, including justification for their
iyouance, 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 evaluations, all relevant factors,
standards specified in other sections of this chapter, and the:
ir",
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 dmmaga�
(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 qf the prnperty�
(d) Importance of the services provided by
the proposed facility to the community�
(e) Necessity to the facility of a waterfront
location, where applicable;
U)
Availability of alternative locations for
the proposed use which are not subject to flooding or erosion
damage;
(Q) Compatibility of the proposed use with
existing and anticipated development;
(h) Relationship of the proposed use tmthe
comprehensive plan and #oodp|oin management program for that
area",
(i) Safety of access to the property in time
of flood for ordinary and emergency vehicles;
0) Expected heightm, we|ncib/, duration,
rate of rise, and sediment transport of the flood waters expected ot
the site; and
00 Costs of providing governmental
services during and after flood conddiunu, including maintenance
and repair of public utilities and facilities such as sewer, gam,
electrical, and water system, and streets and bridges.
2. Variances shall only be issued upon m:
(a) Showing of good and sufficient cause;
(b) Determination that failure to grant the
variance would result in exceptional "handship" to the applicant;
and
(c) Determination that the granting of o
variance will not result in increased flood heights, additional threats
ho public safety, orextraordinary public mx create onuisance
(see "Public safety and nuisanue^), cause "fraud and victimization"
of the public, or conflict with existing local laws orordinances,
3. Variances may b* issued for new construction,
substantial improxement, and other proposed new development
necessary for the conduct ofa functionally dependent use provided
that the provisions of section y.4S.UAO(C) are oatimfiedand 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
9.45.080(B)(1) and the purposes ofthis chapter, the city council
Mal
Ordinance Number 1G40
may attach such conditions hm the granting of variances amddeems
necessary ho further the purposes mf this chaptec^
Section 2. The provisions of this Ordnanue, insofar as they one
substantially the name as ordinance provisions previously adopted by the City
relating to the same mattyr, shall be construed as restatements and
continuations, and not as new enactments,
Section 3. If any oecUon, oubmeudon, uubd|viaion, parmgraph, uentence,
clause or phrase of this Ordinance or any part thereof im for any reason held to
be inva(id, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any pad hereof. The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
panegraph, mentenme, clause or phrase hereof, irrespective of the fact that any
one or more sections, mubseutono, subdivimimne, paraQnapha, mentenoaa, clauses
or phrases be declared invalid.
Section 4. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same ora summary thereof Uobepublished
and posted in the manner required bylaw.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at
a regular meeting held on the ____ day of.2D14.
Mayor
City Clerk
STATE OF CALIFORNIA l
COUNTY OFORANGE SS
CITY OF SEAL BEACH
|. Linda Devine, City Clerk of the City of Seal Beach, du hereby certify that the
foregoing Ordinance was introduced for first reading ata regular meeting held mn
the _19th day of_ June .2014 and was passed, approved and adopted bythe
City Council ai a regular meeting held Vn the day of________. 2814 by
the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further that Ordinance Number 1640 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
21