HomeMy WebLinkAboutCC Ord 1640 2014-06-23 ORDINANCE NUMBER 1640
AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING
AND REPLACING CHAPTER 9.45 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING FLOODPLAIN MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. 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repealed in its entirety and replaced with the following: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
9.45.010. Statutory Authority
The Legislature of the State of California has in Government Code
Sections 65302, 65560, and 65800 conferred upon local
governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its
citizenry. Therefore, the city council of the City of Seal Beach does
hereby adopt the following floodplain management regulations.
9.45.020. 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 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, floodproofed, 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.
9.45.030. 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 legally enforceable
regulations applied uniformly throughout the community to all
publicly and privately-owned land within flood prone, mudslide [i.e.
mudflow] or flood related 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 rescue 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 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; and
H. Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
9.45.040. Methods of Reducing Flood Losses
In order to accomplish its purposes, this chapter includes
regulations 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 floodwaters;
D. Control filling, grading, 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.
9.45.050. 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 structure: means a structure that is either:
1. 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 $1,500 in value.
B. Appeal: a request for a review of the Floodplain
Administrator's interpretation of any provision of this chapter.
C. Base flood: a 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 term used throughout this
chapter.
D. Base flood elevation (BFE): the elevation shown on
the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and
V1-V30 that indicates the water surface elevation resulting from a
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flood that has a 1-percent or greater chance of being equaled or
exceeded in any given year.
E. Basement: any area of the building having its floor
subgrade (i.e., below ground level) on all sides.
F. Breakaway walls: any type of wall, 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 must 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 the following
conditions:
1. Breakaway wall collapse shall result from a
water load less than that which would occur during the base flood;
and
2. The elevated portion of the building shall not
incur any structural damage due to the effects of wind and water
loads acting simultaneously in the event of the base flood.
G. 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 Flood
Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.
H. Development: any man-made change to improved or
unimproved real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations, or storage of equipment or
materials.
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 a floodplain.
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 26, 1992.
K. Expansion to an existing manufactured home park or
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 pads).
L. Flood, flooding, or flood water:
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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); and
2. The condition resulting from flood-related
erosion.
M. Flood Boundary and Floodway Map (FBFM): 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 floodway.
N. Flood Insurance Rate Map (FIRM): 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.
O. Flood Insurance Study: the official report provided by
the Federal Insurance Administration that includes flood profiles,
the Flood Insurance Rate Map, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
P. Floodplain or flood-prone area: any land area
susceptible to flooding by water from any source.
Q. Floodplain Administrator: the public official
designated by title to administer and enforce the floodplain
management regulations.
R. 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 but not limited to emergency
preparedness plans, flood control works, floodplain management
regulations, and open space plans.
S. 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
control development in flood-prone areas. This term describes
federal, state, or local regulations in any combination thereof that
provide standards for preventing and reducing flood loss and
damage.
T. Floodproofinq: 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.
For guidelines on dry and wet floodproofing, see FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93.
U. Floodway or 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.
V. Fraud and victimization: as related to section
9.45.090 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
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constructed building adds to government responsibilities and
remains a part of the community for fifty to one hundred 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.
W. 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.
X. Hardship: for purposes of section 9.45.090 of this
chapter, an exceptional hardship that would result from a failure to
grant the requested variance. A variance may only be granted if
the hardship is 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.
Y. Highest adjacent grade: the highest natural elevation
• of the ground surface prior to construction next to the proposed
walls of a structure.
Z. Historic structure: 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 as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
AA. 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.
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Ordinance Number 1640
BB. Levee system: a flood protection system that consists
of a 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 a basement
1. 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, 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 9.45.080(A)(2); and
(d) The standards for utilities in section
9.45.080(B).
2. 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.
DD. Manufactured home: a structure, transportable in one
or more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home"
does not include a "recreational vehicle."
EE. Manufactured home park or subdivision: a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
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 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.
GG. Mean sea level: for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD)
of 1929, North American Vertical Datum (NAVD) of 1988, or other
datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
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Ordinance Number 1640
HH. New construction: for floodplain management
purposes, structures for which the "start of construction"
commenced on or after October 26, 1992, and includes any
subsequent improvements to such structures.
II. 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.
JJ. Obstruction: includes, but is not limited to, 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.
KK. 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.
111 LL. Public safety and nuisance: for purposes of section
9.45.090 of this chapter, anything injurious to safety or health of an
entire community or neighborhood, or any considerable number of
persons, or that unlawfully obstructs the free and customary
passage or use of any navigable lake, or river, bay, stream, canal,
or basin.
MM. Recreational vehicle: A vehicle that is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the
largest horizontal projection;
3. Designed to be self-propelled or permanently
towable by a light-duty truck; and
4. Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
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. Remedy a violation: to bring a 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 by means that include but are not
limited to protecting the structure or other affected development
from flood damages, implementing the enforcement provisions of
this chapter, or otherwise deterring future similar violations, or
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Ordinance Number 1640
reducing State or Federal financial exposure with regard to the
structure or other development.
PP. Riverine: relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
QQ. 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 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, V1-V30, VE
or V.
SS. Start of construction: 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
manufacture 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 111 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.
TT. Structure: a walled and roofed building that is
principally above ground; including a gas or liquid storage tank or a
manufactured home.
UU. 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 percent of the
market value of the structure before the damage occurred.
VV. Substantial improvement: any reconstruction,
rehabilitation, addition, or other improvement of a 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
term 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 a structure to
correct existing violations or state or local health, sanitary, or safety
code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; or
2. Any alteration of a "historic structure," provided.
that the alteration will not preclude the structure's continued
designation as a "historic structure."
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Ordinance Number 1640
N. Variance: a grant 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 a structure or other
development to be fully compliant with this chapter. A structure or
other development without the elevation certificate, other
certifications, or other evidence of compliance required in this
chapter is presumed to be in violation until such time as that
documentation is provided.
YY. Water surface elevation: the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
ZZ. 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.
9.45.060. 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.
B. Basis for Establishing the Areas of Special Flood
Hazard. The areas of special flood hazard identified by the Federal
Emergency Management Agency- in the "Flood Insurance
111
Study (FIS) for the city of Seal Beach" dated February 4, 2004, with
accompanying Flood Insurance Rate Maps (FIRM's) and Flood
Boundary and Floodway Maps (FBFM's), 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 which allow implementation of this chapter and
which are recommended to the city council by the Floodplain
Administrator. The study, FIRM's and FBFM's 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 the terms of this chapter and other applicable
regulations. Violation of the requirements (including violations of
conditions and safeguards) 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:
1. Considered as minimum requirements;
2. Liberally construed in favor of the city; and
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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 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 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, implement, 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 Floodplain
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 satisfied, including determination of substantial
improvement and substantial damage of existing structures;
(b) 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. 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 (LOMR's) for
flood control projects are approved prior to the issuance of building
permits. Building Permits must not be issued based on Conditional
Letters of Map Revision (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land
preparation as 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 Value."
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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
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
9.45.080.
(b) A base flood elevation may be obtained
using one of two methods from the FEMA publication, FEMA 265,
"Managing Floodplain 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 of a watercourse:
(1) Notify adjacent communities and
the California Department of Water Resources prior to alteration or
relocation;
(2) Submit evidence of such
notification to 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 6 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 to FEMA for a Letter of
Map Revision (LOMR).
(2) All LOMR's for flood control
projects are approved prior to the issuance of building permits.
Building Permits must not be issued based on Conditional Letters
of Map Revision (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land
preparation as 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
_ I a map of the community clearly delineating the new corporate
limits.
5. Documentation of Floodplain 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);
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Ordinance Number 1640
(b) Certification required by section
9.45.080(A)(3)(b) (elevation or floodproofing of nonresidential
structures);
(c) Certification required by section
9.45.080(A)(3)(c) (wet floodproofing standard);
(d) Certification of elevation required by
section 9.45.080(C)(1)(c) (subdivisions and other proposed
development standards);
(e) Certification required by section
9.45.080(F)(2) (floodway encroachments);
(f) Information required by Section
9.45.080(G)(6) (coastal construction standards); and
(g) Maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Emergency
Management Agency.
6. Map Determination. 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. 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 111 violations of this chapter as specified in section 9.45.060(C).
8. Biennial Report. Complete and submit Biennial
Report to FEMA.
9. Planning. Assure community's General Plan is
consistent with floodplain management objectives herein.
C. Development Permit. A development permit shall be
obtained before any construction or other development, including
manufactured homes, 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:
1. Plans in duplicate, drawn to scale, showing:
(a) Location, dimensions, and elevation of
the area in question, existing or proposed structures, storage of
materials and equipment and their location;
(b) Proposed locations of water supply,
sanitary sewer, and other utilities; '
(c) Grading information showing existing
and proposed contours, any proposed fill, and drainage facilities;
(d) Location of the regulatory floodway
when applicable;
(e) Base flood elevation information as
specified in 9.45.060(B) or section 9.45.070(B)(3);
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Ordinance Number 1640
(f) Proposed elevation in relation to mean
• sea level, of the lowest floor (including basement) of all structures;
and
(g) Proposed elevation in relation to mean
sea level to which any nonresidential structure will be floodproofed,
as required in section 9.45.080(3)(b) of this chapter and detailed in
FEMA Technical Bulletin TB 3-93.
2. Certification from a registered civil engineer or
architect that the nonresidential floodproofed building meets the
floodproofing criteria in section 9.45.080(A)(3)(b).
3. For a crawl-space foundation, location and
total net area of foundation openings as required in section
9.45.080(A)(3)(c) of this chapter and detailed in FEMA Technical
Bulletins 1-93 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
9.45.070(B)(5) of 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.
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 structures, including manufactured
homes, 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.
2. Construction Materials and Methods. All new
construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
(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, 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; 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 Floodproofing.
13
Ordinance Number 1640
(a) Residential construction. All new
construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
(1) In AE, AH, A1-30 Zones,
elevated to or above the base flood elevation.
(2) 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.
(3) In an A zone, without BFE's
specified on the FIRM [unnumbered A zone], elevated to or above
the base flood elevation; as determined under section
9.45.070(B)(3).
Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall 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 be provided to the Floodplain Administrator.
(b) Nonresidential construction. All new
construction or substantial improvements of nonresidential
structures shall either be elevated to conform with section
9.45.080(A)(3)(a) or:
(1) Be floodproofed, together with
attendant utility and sanitary facilities, below the elevation
recommended under section 9.45.080(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; and
(3) Be certified by a registered civil
engineer or architect that the standards of section 9.45.080(A)(3)(a)
and (b) are satisfied. Such certification shall be provided to the
Floodplain Administrator.
(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 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 must
meet either of the following minimum criteria:
(1) Have a minimum of two openings
on different sides having a total net area of not less than one
square inch for every square foot of enclosed area subject to
flooding; the bottom of all openings shall be no higher than one foot
above grade; openings may be equipped with screens, louvers,
valves or other coverings or devices provided 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 or architect.
(d) Garages and low cost accessory
structures.
(1) Attached garages. A garage
attached to a residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic
111
entry of flood waters. See section 9.45.080(A)(3)(c). Areas of the
garage below the BFE must be constructed with flood resistant
materials. See 9.45.080(A)(2). A garage attached to a
nonresidential structure must meet the above requirements or be
dry floodproofed. For guidance on below grade parking areas, see
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 storage; the portions of the accessory
structure located below the BFE must be built using flood-resistant
• materials; the accessory structure must be adequately anchored to
prevent flotation, collapse and lateral movement; any mechanical
and utility equipment in the accessory structure must be elevated or
floodproofed to or above the BFE; the accessory structure must
comply with floodplain encroachment provisions in section
9.45.080(F); and the accessory structure must be designed to allow
for the automatic entry of flood waters in accordance with section
• 9.45.080(A)(3)(c). Detached garages and accessory structures not
meeting the above standards must be constructed in accordance
with all applicable standards in section 9.45.080(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
Development.
1. All new subdivisions proposals and other
proposed development, including proposals for manufactured home
parks and subdivisions, greater than 50 lots or 5 acres, whichever
is the lesser, shall:
(a) Identify the Special Flood Hazard Areas
(SFHA) and Base Flood Elevations (BFE).
(b) Identify the elevations of lowest floors of
all proposed structures and pads on the final plans.
15
Ordinance Number 1640
(c) If the site is filled above the base flood
elevation, the following as-built information for each structure shall
be certified by a registered civil engineer or licensed land surveyor
and provided as part of an application for a Letter of Map Revision
based on Fill (LOMR-F) to the Floodplain Administrator:
(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 as sewer,
gas, 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
substantially improved, on sites located: (1) outside of a
manufactured home park or subdivision; (2) in a new manufactured
home park or subdivision; (3) in an expansion to an existing
manufactured home park or subdivision; or (4) in an existing
manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the
result of a flood, shall:
(a) Within Zones A1-30, AH, and AE on the
community's Flood Insurance Rate Map, 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 fastened to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
(b) Within Zones V1-30, V, and VE on the
community's Flood Insurance Rate Map, meet the requirements of
section 9.45.080(G).
2. All manufactured homes to be placed or
substantially improved on sites in an existing manufactured home
park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE
on the community's Flood Insurance Rate Map that are not subject
to the provisions of section 9.45.080(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
is at or above the base flood elevation; or
(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.
16
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 or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
E. Standards for Recreational Vehicles.
II 1. All recreational vehicles placed in Zones A1-
30, AH, AE, V1-30 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 system, is attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached additions; or
(c) Meet the permit requirements of section
9.45.070(C) of this chapter and the elevation and anchoring
requirements for manufactured homes in section 9.45.080(D).
2. Recreational vehicles placed on sites within
Zones V1-30, V, and VE on the community's Flood Insurance Rate
Map will meet the requirements of section 9.45.080(E)(1) and
section 9.45.080(G).
F. Floodways. Since floodways are an extremely
hazardous area due to the velocity of flood waters which carry
debris, potential projectiles, and erosion potential, the following
provisions apply:
1. Until a regulatory floodway is adopted, no new
construction, substantial development, or other development
(including fill) shall be permitted within Zones A1-30 and AE, unless
it is demonstrated that the cumulative effect of the proposed
development, 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 regulatory floodway, the city
shall prohibit encroachments, including fill, new construction,
substantial improvements, and other development, 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 satisfied,
all new construction, substantial improvement, and other proposed
new development shall comply with all other applicable flood
hazard reduction provisions of section 9.45.080.
G. Coastal High Hazard Areas. Within coastal high
hazard areas, Zones V, V1-30, and VE, as established under
section 9.45.060(B), the following standards shall apply:
1. All new residential and non-residential
construction, including substantial improvement/damage, 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) is elevated to or 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 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
tide.
3. 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 9.45.050 of this chapter. Such enclosed space shall not be
used for human habitation and will be usable solely for parking of
vehicles, building access or storage.
4. Fill shall 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 Floodplain 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 relation 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 structures, and whether such structures
contain a basement.
9.45.090. Variance Procedure
A. Nature of Variances. The issuance of a variance is
for floodplain management purposes only. Insurance premium
rates are determined by statute according to actuarial risk and will
not be modified by the granting of a variance. The variance criteria
set forth in this section of the chapter 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
of this chapter 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
18
Ordinance Number 1640
designed to screen out those situations in which alternatives other
than a variance are more appropriate.
B. Conditions of 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 sections 9.45.070 and 9.45.080 of this chapter 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 this chapter.
5. Any applicant to whom a variance is granted
shall be given written notice over the signature of a community
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, and
(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
in the Office of the Orange County Recorder and shall be recorded
in a manner so that it appears in the chain of title of the affected
parcel of land.
6. The Floodplain Administrator will maintain a
record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
C. 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 the:
19
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 of the property;
(d) Importance of the services provided by
the proposed facility to the community;
(e) Necessity to the facility of a waterfront
location, where applicable;
(f) 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 floodplain management program for that
area;.
(i) Safety of access to the property in time
of flood for ordinary and emergency vehicles;
0) Expected heights, velocity, duration,
rate of rise, and sediment transport of the flood waters expected at
the site; and
(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.
2. Variances shall only be issued upon a:
(a) Showing of good and sufficient cause;
(b) Determination that failure to grant the
variance would result in exceptional "hardship" to the applicant;
and
(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
(see "Public safety and nuisance"), cause "fraud and victimization"
of the public, or conflict with existing local laws or ordinances.
3. 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 section 9.45.090(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
9.45.090(B)(1) and the purposes of this chapter, the city council
20
Ordinance Number 1640
may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this chapter."
Section 2. The provisions of this Ordinance, insofar as they are
substantially the same as ordinance provisions previously adopted by the City
relating to the same matter, shall be construed as restatements and
continuations, and not as new enactments.
Section 3. If any section, subsection, subdivision, paragraph, sentence,
U
clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid, 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,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, 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 or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at
a regular meeting held on the 23rd day of June , 2014.
4 a og/%.r.--
C SEAL B�c'1, Mayor Pro Tern
ATTEST: ;-f-ON� `00114116 gC'y0,
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City Jerk '�CF'' a t ' P*=
.COUNS'i G-
- STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 9th day of June , 2014 and was passed, approved and adopted by the
City Council at a regular meeting held on the 23rd day of June , 2014
by the following vote: ,
AYES: Council Members: t b,/ it at ..1./ 140 S7/
/
i
NOES: Council Members: rc 1,/
ABSENT: Council Members: P 1 '1
• ABSTAIN: Council Members: till
And do hereby further certify that Ordinance Number 1640 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
r
City Clerk
21
PROOF OF PUBLICATION This space is for the County
(2015.5 C.C.P.) Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen Proof of Publication of
years, and not a party to or inter-
ested in the above-entitled matter.
I am the'principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of ~tti
for review on the citysweb
Orange and which newspaper has s Du .M M A' Rs`Y „site: www.sealbeachca.gov office ORDINANCE NUMBER or in the office of•.the City .
been adjudged a newspaper of 1640 - Stree lCrty Hall; 211 8th
AN SORDINANCE /I Street Seal Beach, tele=
general circulation by the Superior THE CITY" OF SEALI, phone(562)431-2527.
Court of the County of Orange, State REPLACING LING TE9;SB-83:.June;24,2014
,REPLACING CHAPTER, SB-836'
9.45 'OF;THE SEAL Published..in_the,Seal,
of California, under the date of BEACH MUNICIPAL CODE Beath Sun 6/26)2014 • ,
REGARDING FLOODPLAIN
. 2/24/75. Case Number A82583; that MANAGEMENT_ ' •
•
the notice of which the annexed is a The 'National Flod..
Insurance Proham("NFIP")
P rinted copy (set in type riot smaller was establi$ ecrin• 1968 ,
--"'-
to provide flood,insurance
than nonpareil), has been published to properties.that were not
I otherwise insurable against
in each regular and entire issue of Iflood;lossei•The NFIP ,
requires that communities"
said newspaper and not in any that.tiave a.Special:Flood
Hazard Area("SERA")must,
supplement thereof on the following regulate-development in the
SFHA in accordance with •
dates, to-wit: I federal regulations designed,
^ ffftb minimize'flood.losses
>° a-Co l
order to remain uieitile'.for'
Federal,flood insurance.
The ordinance ia:closely_i
all in the year 2014. iliasedon the.model ordi='
I nance-developed-bythe,
I California Department of
:Water Resources f or,thel
I certify (or declare) under penalty of purposes of implementing
EEMA'sfloodplain man-'
perjury that the foregoing is true and a gernent, rig uirementsI
I Correct. and,would allow the;Citv;to,
remain eligible io participates
in-theNFIP..
Ord inance Num ber:1640;
Dated Seal Beach, CA, was. introduced u(pu blic
t hearing)at the regular City
is day f ' 2014. Councii'meeting of June
i
Y / 9 2074, Waiverof.further`
' I Ordinance ce Number 0
Ordinance Number'adoption&of
ea ; , .kin ,was at, June 23,'2014,
regular City Council meeting
t:Signature • I bythefollowing vote:,
AYES: Levitt, Mil Ian,I
PUBLICATION. PROCESSED BY: shanks}Sloan •
'
THE.SEAL BEACH SUN 'NOES: None :'ABSENTPDeaton • .
216 Main Street Motion'q'af,' ' I
Copies;'of'ordinance,,i
Seal Beach, CA 90740 :Number 1640'are'available
(562) 430-7555