HomeMy WebLinkAboutCC Ord 1362 1992-11-09
ORDINANCE No./36:L
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AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA READOPTING CHAPTER 9B,
"FLOODPLAIN OVERLAY DISTRICT", OF THE
CODE OF THE CITY OF SEAL BEACH.
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 9B of the Code of the City of Seal Beach is hereby deleted in its
entirety.
SECTION 2.
Chapter 9B of the Code of Seal Beach is hereby added to read as follows:
S 9B-l
S 9B-2
S 9B-3
S 9B-4
S 9B-5
S 9B-6
S 9B-7
S 9B-8
S 9B-9
"CHAPTER 9B
FLOODPLAIN OVERLAY DISTRICT
Statutory Authorization.
Findings of Fact.
Statement of Purpose.
Methods of Reducing Flood Losses.
Definitions.
General Provisions.
Administration
Provisions for Flood Hazard Reduction.
Variance Procedure.
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Section 9B-1. Statutory Authorization. The Legislature of the State of California has in
Government Code Sections 65302, 65560 and 65800 conferred upon local government units
authority to adopt regulations designed to promote the public health, safety, and general welfare
of its citizenry. Therefore, the City Council of the City of Seal Beach does ordain as follows:
Section 9B-2. Findines of Fact
A. The flood hazard areas of the City of Seal Beach 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 the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood loss.
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Section 9B-3. Statement of PUI;pOse. It is the purpose of this ordinance to promote the public
health, safety, and general welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed:
A. To protect human life and health;
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Ordinance Number ~~
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E.
To 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 hazards;
F. To 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. To insure that potential buyers are notified that property is in an area of special flood
hazards; and
H. To insure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
Section 9B-4. Methods of Reducin~ Flood Losses. In order to accomplish its purposes, this
ordinance includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
B.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplain, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase flood
damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
Section 9&5. Definitions. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they have in common usage and
to give this ordinance its most reasonable applications.
A. Anneal means a request for a review of the Floodplain Administrator's
interpretation of any provision of this ordinance or a request for a variance.
B.
Area of Shallow Floodinl! means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet;
a clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
C. Area of Special Flood H"7"Td. See "Special Flood Hazard Area".
D. Base Flood means the flood having a one percent chance of being equalled or
exceeded in any given year (also called the ftlOO-year flood").
Ordinance Number /.3J,:L
E. Basement means any area of the building having its floor subgrade (below ground
level) on all sides.
F.
Breakaway Walls are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable
building material which is not part of the structural support of the building and
which is designed to break away under abnormally high tides or wave action
without causing any damage to the structural integrity of the building on which
they are used or any buildings to which they might be carried by flood waters.
A breakaway wall shall have a safe design loading resistance of not less than ten
and no more than twenty pounds per square foot. Use of break away walls must
be certified by a registered engineer or architect and shall meet the following
conditions:
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I. Breakaway walls 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 Hi~h B1l711rd Area is the 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 VI-V30, VE or V.
H. Develo!lment means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
I.
Encroachment means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain
which may impede or alter the flow capacity of a floodplain.
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J. Flood or Flooding means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of flood waters; or
2. The unusual and rapid accumulation or runoff of surface waters from any
source; and/or
3. The collapse or subsidence of land along the shore of a lake or other body
of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused
by an unusually high water level in a natural body of water, accompanied
by a severe storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in this definition.
K.
Flood Boundary and Floodway Mall means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of flood hazard and the floodway.
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L. Flood Insurance Rate Map (FIRM) means 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.
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Ordinance Number ~~~~
M. Flood Insurance Study means the official reports provided by the Federal
Insurance Administration that includes flood profiles, the FIRM, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
N. Floodplain or Flood-Prone Area means any land area susceptible to being
inundated by water from any course (see definition of "flooding").
o.
Floodplain Administrator is the City Engineer of the City of Seal Beach.
P.
Floodolain Mana~ement means 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 and floodplain
management regulations, and open space plans.
Q. Floodplain Manal!ement Rel!ulations means zoning ordinance, subdivision
regulations, building codes, health regulations, special purpose ordinances (such
as floodplain ordinance, grading ordinance and erosion control ordinance) and
other applications of the police power which control development in flood-prone
areas. This term describes federal, state or local regulations in any combination
thereof, which provide standards for the purpose of flood damage prevention and
reduction.
R. Floodoroofing means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
S.
FloodWay means 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. Also
referred to as "Regulatory Floodway".
T. Fraud and victimization means that a variance granted pursuant to Section 9B-9
must not cause fraud or victimization of the public. In examining this
requirement, the City Council will consider the fact that every newly 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 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.
U. Functionally De>>endent Use means a use which 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,
but does not include long term storage or related manufactured facilities.
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v.
Hardshio means the exceptional hardship that would result from a failure to grant
a variance as requested pursuant to Section 9B-9. The City Council requires that
the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of
one~s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All
of these problems can be resolved through other means without granting a
variance, even if the alternative is more expensive.
Ordinance Number 136Z
W. Hi"hest Adiacent Grade means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
x.
Lowest Floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure 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, that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design
requirements of this ordinance.
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Y.
Manufactured Home means 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 connected to the required utilities. For floodplain
management purposes the term "manufactured home" also includes park trailers,
travel trailers and other similar vehicles placed on a site for greater than 180
consecutive days.
Z. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for sale or rent.
AA. Mean Sea Level means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
BB. New Construction means, for floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective date of a
floodplain management regulation adopted by this community, and includes any
subsequent improvements to such structures. .
CC. One Hundred Year Flood or lOO-Year Flood means a flood which has a one I
percent annual probability of being equaled or exceeded. It is identical to the
"base flood," which will be the term used throughout the ordinance.
DO. Person means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups, or this state or its agencies
or political subdivisions.
EE. Public safety and nuisance means that the granting of a variance pursuant to
Section 9B-9 must not result in any condition which is injurious to safety or
health of the entire community or neighborhood, or to any considerable number
of persons, or unlawfully obstructs a free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
FF. Remedy a Violation means to bring the structure or other development into
compliance with State or local floodplain management regulations, or if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing Federal financial exposure with
regard to the structure or other development.
GG. Riverine means relating to, formed by, or resembling a river (including I
tributaries), stream, brook, etc.
HH. Sand Dunes means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
9rdinance Number ~
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II. Special Flood H"7"rtI Area (SFHA) means an area having special flood or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AD, Al-
30, AE, A99, AH, VE or V.
11.
Start of Construction includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
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KK. Structure means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
LL. Substantial Damaee means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed fifty percent (50%) of the market value of the structure before the damage
occurred.
MM. Substantial ImDrovement means any repair, reconstruction, rehabilitation,
addition, or improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
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1.
before the improvement or repair is started, or
2. if the structure has been damaged, and is being restored, before the
damage occurred.
For the purposes of this definition .substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not the alteration affects the external
dimensions of the structure. The term does not, however, include either:
1. any project for improvement of a structure to comply with existing state
or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions; or
2. any alteration of a structure listed on the National Register or Historic
Places or a State Inventory of Historic Places.
NN. Variance means a grant of relief from the requirements of this ordinance which
permits construction in a manner that would otherwise be prohibited by this
ordinance.
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00. Violation means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications or other
evidence of compliance required in this ordinance is presumed to be in violation
until such time as that documentation is provided.
Ordinance Number 136Z
PP. Water Surface Elevation means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, or other datum where specified, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Section 9B-6. General Provisions
A.
B.
Lands to Which this Ordinance Aoolies. This ordinance shall apply to all areas
of special flood hazards within the jurisdiction of the City of Seal Beach.
Basis for Establishine the Areas of Special Flood Hll711rd. The areas of Special
Flood Hazard identified by the Federal Emergency Management Agency or the
Federal Insurance Administration in a scientific and engineering report entitled
"Flood Insurance Study for the City of Seal Beach" dated September 15, 1989,
with an accompanying Flood Insurance Rate Map, and future revisions thereto,
are hereby adopted by reference and declared to be part of this ordinance. The
Flood Insurance Study is on file at 211 8th Street, Seal Beach, CA, 90740. This
Flood Insurance Study and attendant mapping is the minimum area of applicability
of this ordinance and may be supplemented by studies for other areas which allow
implementation of this ordinance and which are recommended to the Seal Beach
City Council by the Floodplain Administrator.
C. Comoliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this
ordinance and other applicable regulations. Violations of the provisions of this
ordinance by failure to comply with any of its requirements (including violations
of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Nothing herein shall prevent the City Council of Seal
Beach from taking such lawful action as is necessary to prevent or remedy any
violation.
D.
Abrol!:ation and Greater Restrictions. This ordinance is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
E. Interoretation. In the interpretation and application of this ordinance, all
provisions shall be:
1. Considered as minimum requirements:
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any powers granted under state
statutes.
F.
Warninl!: and Disclaimer of Liability. The degree of flood protection required by
this ordinance 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 ordinance does not imply the land outside the areas of special flood hazards,
or uses permitted within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the City of Seal Beach, any
officer or employee thereof, the State of California, or the Federal Insurance
Administration, Federal Emergency Management Agency, for any flood damages
that result from reliance on this ordinance or any administrative decision lawfuIly
made thereunder.
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Ordinance Number ~~~~
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G. Severability. This ordinance and the various parts thereof are hereby declared to
be severable. Should any section of this ordinance be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the section so declared
to be unconstitutional or invalid.
Section 9B-7. Administration
A.
Establishment of DevelO-Pment Permit. A Development Permit shall be obtained
before construction or development begins within any area of special flood
hazards established in Section 9B-6.2. Application for a Development Permit
shall be made on forms furnished by the Floodplain Administrator and may
include, but not be limited to: plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevation of the area in question; existing or
proposed structures, fill, storage of material, drainage facilities; and the location
of the foregoing. Specifically, the following information is required:
1. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; in zone AD, elevation of highest
adjacent grade and proposed elevation of lowest floor of all structures.
2. Proposed elevation in relation to mean sea level to which any structure
will be floodproofed;
3. All appropriate certifications listed in Section 9B-7.3.D of this ordinance;
and
4. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
B.
Desilmation of the Floodplain Administrator. The City Engineer is hereby
appointed to administer, implement, and enforce this ordinance by granting or
denying development permits in accordance with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. The duties and
responsibilities of the floodplain administrator shall include, but not be limited to:
1. Permit review.
(a) Review all development permits to determine that the permit
requirements of this ordinance have been satisfied;
(b) All other required state and federal permits have been obtained;
(c) The site is reasonably safe from flooding;
(d)
Require until a regulatory flood way is designated, that no new
construction, substantial improvements, or other development
(including fill) shall be permitted within Zones AI-30 and AE on
the community's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than
one foot at any point within the community.
2. Review and Use of Any Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section 9B-6.2,
the Floodplain Administrator shall obtain, review, and reasonably utilize
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Ordinance Number
any base flood elevation and floodway data available from a Federal, State
or other source, in order to administer Section 5.0. Any such information
shall be submitted to the City Council of the City of Seal Beach.
3. Notification of Other Agencies. Whenever a watercourse is to be altered
or relocated.
(a)
Notify adjacent communities and the California Department of
Water Resources prior to such alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Insurance Administration;
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(b) Require that the flood carrying capacity of the altered or relocated
portion of said'watercourse is maintained.
4. Documentation of Floodplain Development. Obtain and maintain for
public inspection and made available as needed:
(a) the certification required in Section 9B-8.1.C.l (floor elevations);
(b) the certification required in Section 9B-8.I.C.2 (elevations in areas
of shallow flooding);
(c) the certification required in Section 9B-8.I.C.3.c (elevation or
floodproofing of nonresidential structures);
(d) the certification required in Section 9B-8.1.C.4.a or 9B-8.I.C.4.b
(wet floodproofing standard);
(e)
the certified elevation required in Section 9B-8.3.B (subdivision
standards);
(f)
the certification required in Section 9B-5.A (floodway
encroachments).
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5. Map Determinations. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazards, (for
example, 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 9B-9.
6.' Remedial Action. Take action to remedy violations of this ordinance as
specified in Section 9B-6.3 herein.
D. Appeals. The City Council of the City of Seal Beach 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 ordinance. Appeals shall be governed by the provisions of
Article 29.4 of the Code of the City of Seal Beach.
Section 9B-8. Provisions for Flood H~7.llrd Reduction
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A. Standards of Construction. In all areas of special flood hazards the following
standards are required:
I. Anchoring.
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Ordinance Number ~~~~
(a) All new construction and substantial improvements shall be
anchored to prevent a flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
(b) All manufactured homes shall meet the anchoring standards of
Section 9B-8.4.
2.
Construction Materials and Methods.
(a) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
(b) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
(c) All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(d) Require within Zones AH or AO, adequate drainage paths around
structures on slopes to guide flood waters around and away from
proposed structures.
3.
Elevation and Floodproofing.
(a) New construction and substantial improvement of any structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade to a height exceeding the depth number
specified in feet on the FIRM by at least one (I) foot, or at least
three (3) feet above the highest adjacent grade if no depth number
is specified. Nonresidential structures may meet the standards in
Section 9B-8.1.C.3. Upon the completion of the structure the
elevation of the lowest floor including basement shall be certified
by a registered professional engineer or surveyor, or verified by
the community building inspector to be properly elevated. Such
certification or verification shall be provided to the Floodplain
Administrator.
(b)
New construction and substantial improvement of any structure in
zones AH, AO, or VO shall have the highest floor, including
basement, elevated above the highest adjacent grade to a height
exceeding the depth number specified in feet on the FIRM by at
least one (I) foot, or at least three (3) feet above the highest
adjacent grade if no depth number is specified. Nonresidential
structures may meet the standards in Section 9B-8.I.C.3. Upon
the completion of the structure the elevation of the lowest floor
including basement shall be certified by a registered professional
engineer or surveyor, or verified by the community building
inspector to be properly elevated. Such certification or verification
shall be provided to the Floodplain Administrator.
(c) Nonresidential construction shall either be elevated in conformance
with Section 9B-8.l.C.1 or 2 or together with attendant utility and
sanitary facilities:
Ordinance Number B~.7,
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(I) be f100dproofed so that below the base flood level 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 professional engineer or
architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the Floodplain I
Administrator.
(d) Require, for all new construction and substantial improvements,
that fully enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
(I) either a minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided. 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 floodwaters; or
(2) be certified to comply with local f100dproofing standards
approved by the Federal Insurance Administration.
(e) Manufactured homes shall also meet the standards in Section 9B- I
8.4.
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters into the
system and discharge from systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
C. Standards for Subdivision.
I. All preliminary subdivision proposals shall identify the flood hazard area
and the elevation of the base flood.
2.
All final subdivision plans will provide the elevation of proposed
structure(s) and pads. If the site is filled above the base flood elevation,
the final pad elevations shall be certified by a registered professional
engineer or surveyor and provided to the Floodplain Administrator.
3.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
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4. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize flood damage.
Ordinance Number ~~~~
5. All subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
D. Standards for Manufactured Homes. All new and replacement manufactured
homes and additions to manufactured homes shall:
1.
Be elevated so that the lowest floor is at least one (1) foot above the base
flood elevation; and
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2.
Be securely anchored to a permanent foundation system, to resist flotation,
collapse or lateral movement.
E. Floodways. Located within areas of special flood hazard established in Section
9B-6.2 are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood elevation during the
occurrence of the base flood discharge.
2. If Section 9B-8.5A is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Section 9B-8.
F.
Coastal Hil!h H~7~rd Areas. Within coastal high hazard areas established in
Section 9B-6.2, the following standards shall apply:
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1. All new construction and substantial improvements shall be elevated on
adequately anchored pilings or columns and securely anchored to such
pilings or columns so that the lowest horizontal portion of the structural
members of the lowest floor (excluding the pilings or columns) is elevated
to or above the base flood elevation. 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 shall
be those required by applicable state and 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 improvements shall have the space
below the lowest floor free of obstructions or constructed with breakaway
walls. Such enclosed space shall not be used for human habitation and
will be useable solely for parking of vehicles, building access or storage.
4. Fill shall not be used for structural support of buildings.
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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:
Ordinance Number 1..3" 2.
(a) Certification by a registered engineer or architect that a proposed
structure complies with Section 9B-8.6.A.
(b) The elevation (in relation to mean sea level) of the bottom of the
lowest structural member of the lowest floor (excluding pilings or
columns) of all new and substantially improved structures, and
whether such structures contain a basement.
Section 9B-9. Variance Procedure.
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A. Appeal Board.
1. the City Council of the City of Seal Beach shall hear and decide appeals
and request for variances from the requirements of this ordinance.
2. 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
ordinance.
3. In passing upon such applications, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and;
(a) the danger that materials may be swept onto other lands to the
injury of others;
(b) the danger of life and property due to flooding or erosion damage;
(c)
the susceptibility of the proposed facility and its content to flood
damage and the effect of such damage on the individual owner and
future owners of the property;
I
(d) the importance of the services provided by the proposed facility to
the community;
(e) the necessity to the facility of a waterfront location, where
applicable;
(f) the availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(i) the safety of access to the property in time of flood for ordinary
and emergency vehicles;
(j)
the expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
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(k) the 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 systems, and
streets and bridges.
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Ordinance Number ~~~
4. Generally, variances may be issued for new construction, substantial
improvements, 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 items
9B-9.l.C.1. through 9B-9.l.C.11 have been fully considered. As the lot
size increases beyond one-half acre, the technical justification required for
issuing the variance increases.
5.
Upon consideration of the factors of Section 9B-9.1.C and the purpose of
this ordinance, the City Council may attach such conditions to the granting
of variances as it deems necessary to further the purposes of this
ordinance.
6. The Floodplain Administrator shall maintain the records of all appeal and
variance actions, including justification for the granting of appeals and
variances, and report such variances issued in its biennial report submitted
to the Federal Insurance Administration, Federal Emergency Management
Agency.
B. Conditions for Variances.
1. Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed in the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this section.
2. Variances shall not be issued within any designated flood way if any
increase in flood levels during the base flood discharge would result.
3.
Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
(a) a showing of good and sufficient cause;
(b) a determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on, or
victimization of, the public, or conflict with existing loca1laws or
ordinances.
5.
Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that the provisions of Section 9B-
9.2A through 9B-9.2.D 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.
6.
Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor elevation
below the regulatory flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced
lowest floor elevation. A copy of the notice shall be recorded by the
Floodplain Board in the office of the Orange County Recorder and shall
Ordinance Number El,z
be recorded in a manner so that it appears in the chain of title of the
affected parcel of land. "
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, 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 I
that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared invalid.
PASSED, APPROVED AND ~TED by the City
at a meeting thereof held on the - day of
1992.
Beach
_dLl...,/~A~d~.
Mayor
CITY OF SEAL BEACH
cr~,)J/1 ( ~
City' Clerk .
L/
STATE OF CAUFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
"$'~'\'ll.\\,,,\
$" ~ SEAL 8 It,
.: 0 ........ "... I".
.:....' ...~O..O.4 ;'. c=.~\
ii';l"~<io 'O'..~.......,
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I
I, Joanne M. Yea, City Clerk of the City of Seal Beach, CalifO~~ do hereby certify that the
foregoi Ordinance is an original copy of Ordinance Number db 'Z-- on file jJl the office
of it lerk introduced at a meeting held on the e::l611:!. day of
, 1992, and passed, approved and adopted by the City Council of the
City of Seal Beach at a mee . held on the day of , 1992 by the
following vote:
ABSENT: Council member
and do hereby further certify that . ance Number ~fh2. has been published pursuant to
the Seal Beach City Charter and Resolution Number_ ~. ._ I
S*'dM( ;Ae
~ Clerk
AYES: Councilmembe
NOES: Council members
I
I
I
Ordinance Number
/.162
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space for for the County 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
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 JOURNAL. a
newspaper of general circulation,
printed and published weeklv In the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24n5.
Case Number A82583: that the notice
of which the annexed Is a printed
copy (set in type not smaller than
nonpareil). has been published In
each regular and entire Issue of said
newspaper and not in any supplement
thereof on the following dates. to-wit:
'1'1 t,VPI"t)a" ~
all in the year 19..ll2-.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Proof of Publication of
PUBUC NOTICE/Summary Ordinance
:{J~~:~;~~~: : :~~k: :;j~:2
SUMMARY
O~DINANCE NUIlBER 1312
'LOODPUIN OVERLAY DISTRICT
Ordinance Number 1362 at th,
ell' 01 Seal Beach amendS the
tade of the Clly 01 Seal Beach
and feadoplS Chap'" 9S
Ihereot With regard to Ihe
Floodplain Overlay Dlstrlcl to
Inclyde the modlflcatlons
recommended by the Federal
Emergency Management
Agency and the 51818 01
Call1arnla Deparlmenl 01 Wallr
Resources Ordinance Number
1362 was Inlfoducec! al Ihe
regular Cur CounCil ,"eeflng 01
October 26, 1992. and l1rsl
reading 01 same was ap;:roved
by the follOWing VOle
AYES Brown. Doane,
Forsylhe.
HUlings. lasz 10
NOES None
MOllon cauted
Ordinance Numb.r 1362 Will
recelVl second reading and be
considered lor adoption al Th.
regular CllY Council meeling 01
November 9th. 1992 Cop"s 01
Ordinance Numb.r 1362 an
available In Ihl olllcI 01 Ihl
Clly Clerk, CIIY Hall, 211 .81h
SUIII, Sui Blleh: IIllphone
(310) .3,.2S27
DATED THIS 27.h do, .1
OCIOber, 1992.
Joannl M VIo, CIIY Clerk
CII, 01 Sill Bllch
Dated at Seal Beach, California,
this S- day of -11e>u. . 19..i2....
(l)-"td:jl4~- ~v-~
~ Signature
Noumber 5, 1992
Published In Ihe Sui Blleh
Journal
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
Ordinance Number /36,z
PROOF OF PUBLICATION
(2015.5 C.C.P.)
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
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 JOURNAL, a
newspaper of general circulation,
printed and published weeklv in the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange. State of
California, under the date of 2/24/75.
Case Number A82583; that the notice
of which the annexed Is a printed
copy (set In type not smaller than
nonpareil). has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
fJDVf:r)1)X/~ fLi, /1/'-7)
.
all in the year 19~.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this ;q day of /JOl! ,19..i2.....
U"Ir/c.t. f.JLa~,7 ,
t. Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
. . . . . . . . . .1. ~ (t. ~ . . . . . . . . . . . .
Paste Clipping
of Notice
SECURELY
In This Space
SUMMARY
__lEA,.
m ~ ."fWl:DI AYrIR'nII!r
011I_ Number '382 of 1ho City
of SooI -.", omond. ",. Code of
r-~-- _.' .
! 1ho CIlY of Seat -.", and raadoPla
. Chaplat 8B _ WIth rogard 10 111.
. FloocIpIaln Overlay IlIaInClIO include
. the modiftcltionl recommended by .
the Federal Emergency
____ Agency and 111. Slale
Dt California Department of Water
_. Ordmence Number 1362
,..Ived aecand reading and was
adopIad 0111I8 .-gular CIty Council
moeIlnG 0' November 8. ,9ll2 by 1ho
: lDI"""ng....:
; AYES: Brawn. Doane. ForayIhe,
Hu.ngs
NOES: None
ABSENT: LaazIo
I M1tdDn carried
. Capleo 01 OnI..nca Number '362
.. __ in 1ho ollice 0I1ho CIIy
CIerII, CIty Hall. 211-11111 S..... SooI
Baach:~13101431.2S27
DATED THIS ,Oth day of No_ber.
11l1l2.
.-... M. Veo. CIty Clark
CIty 01 SooI Baach
I
Na._.b&. 19.1992.
NlItIIIlI" .. SooI Baach JoumaJ.
~
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