HomeMy WebLinkAboutCC Ord 1254 1987-11-02
ORDINANCE NO.
/.2f4-
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
~HAPTER 9B OF THE CODE OF THE CITY OF SEAL BEACH
RELATING TO THE FLOODPLAIN OVERLAY DISTRICT BY
RESCINDING ORDINANCES NUMBERED 1836 AND 1197
THE CITY
FOLLOWS:
COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS
Section 1.
Chapter
Code of
to read
9B, Floodplain Overlay
the City of Seal Beach
as follows:
District, of the
is hereby amended
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Sec. 9B-l. Statutory Authorization. The Legislature of the State
of California has in Government Code Sections 65382, 65568 and
65888 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:
Sec. 9B-2. Findings 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 I
increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are
inadequately f1oodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
Sec. 9B-3. Statement of Purpose. It is the purpose
ordinance to promote the public health, safety,
welfare, and to minimize public and private losses
conditions in specific areas by provisions designed:
of this
and general
due to flood
A.
To protect human life and hea1thi
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B. To minimize expenditure of public money for costly
flood control projectsi
C. To minimize the need for rescue and
associated with flooding and generally
expense of the general publiCi
relief efforts
undertaken at the
D. To minimize prolonged business interruptionsi
E. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in areas of special flood
hazardi
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F. To help maintain a stable tax base by providing for the
second use and development of areas of special flood hazard
so as to minimize future flood blight areasi
G. To insure that potential buyers are notified that
property is in an area of special flood hazardi and
H. To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
Sec. 9B-4. Methods of Reducing Flood Losses. In order to
accomplish its purposes, this ordinance includes methods and
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Ordinance Number 102~~
FLOOD DAMAGE PREVENTION ORDINANCE
Page 2
provisions for:
A. Restricting or prohibiting uses
health, safety, and property due
hazards, or which result in damaging
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;
which are dangerous to
to water or erosion
increases in erosion or
C. Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate our channel flood waters;
D. Controlling, 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.
Sec. 9B-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 application.
1.
Appeal means a request for a review
Administrator's interpretation of any
ordinance or a request for a variance.
of the Floodplain
provision of this
2.
Area of Shallow Flooding means a designated AO, AH or VO
Zone on the Flood Insurance Rate Map lFIRM). 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.
3. Area of Special Flood Hazard See "Special Flood Hazard
Area".
4.
Base Flood means the flood having
being equalled or exceeded in any
the "lSS-year flood").
a one percent chance of
given year (also called
5. Basement means any area' of the building having its floor
subgrade (below ground level) on all sides.
6.
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 breakaway walls must be certified by a
registered engineer or architect and shall meet the
following conditions:
1. Breakway 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
Ordinance Number
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FLOOD DAMAGE PREVENTION ORDINANCE
Page 3
base flood.
7.
Coastal High Hazard Area is the area subject to high
velocity waters, including coastal and tidal instruction or
tsunamis. The area is designated on a Flood Insurance Rate
Map lFIRM) as Zone Vl-V38, VE or V.
8.
Development means any man-made change to improved or
unimproved real estate. including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
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9. 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, (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 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.
18. Flood Boundary and Floodway Map 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.
11. Flood Insurance Rate Map lFIRM) 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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12. Flood Insurance Study means the official report 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.
13.
Floodplain or Flood-Prone Area
susceptible to being inundated by
definition of "flooding").
means any land area
water from any source lsee
14. Floodplain Management means the operation of an overall
program of corrective and preventive measures for reducing
flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain
management regulations.
15. Floodplain Management Regulations means zoning ordinances,
subdivision regulations, building codes, health regulations,
special purpose ordinances lsuch as floodplain ordinance,
grading ordinance and erosion control ordinance) and other I
applications of police power. The term describes such state
or local regulations in any combination thereof, which
provide standards for the purpose of flood damage prevention
and reduction.
16.
Floodproofing means any combination of
nonstructural additions, changes, or
structures which reduce or eliminate flood
estate or improved real property, water
facilities, structures and their contents.
structural and
adjustments to
damage to real
and sanitary
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FLOOD DAMAGE PREVENTION ORDINANCE
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17. rloodway 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".
18. Functionally Dependent 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.
19. Highest Adjacent Grade means the highest natural elevation
of the ground surface prior to construction next to the
proposed walls of a structure.
20. 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 floori 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.
21. 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 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.
22.
Manufactured Home Park or Subdivision means
contiguous parcels) of land divided into
manufactured home lots for sale or rent.
a parcel lor
two or more
23.
Mean Sea Level means, for purposes
Insurance Program, the National
lNGVD) of 1929 or other datum,
elevations shown on a community's
are referenced.
of the National Flood
Geodetic Vertical Datum
to which base flood
Flood Insurance Rate Map
24. 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.
25. One Hundred Year Flood or l00-Year Flood means a flood which
has a one percent annual probability of being equalled or
exceeded. It is identical to the "base flood", which will
be the term used throughout the ordinance.
26. 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.
27. 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
Ordinance Number /.25#
FLOOD DAMAGE PREVENTION ORDINANCE
Page 5
may be reduced include
affected development from
enforcement provisions
deterring future similar
financial exposure with
development.
protecting the structure or other
flood damages, implementing the
of the ordinance or otherwise
violations, or reducing Federal
regard to the structure or other
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128. Riverine means relating to, formed by, or resemblIng a river
lincluding tributaries), stream, brook, etc.
29. Sand Dunes means naturally occurring accumulations of sand
in ridges or mounds landward of the beach.
31il.
Special
special
an FHBM
V31il, VE
Flood Hazard Area lSFHA) means an
flood or flood-related erosion hazards,
or FIRM as Zone A, AO, Al-21il, AE, A99,
or V.
area having
and shown on
AH, YO, Vl-
31. 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 l81il 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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32.
Structure means
gas or liqu id
ground, as well
a walled and roofed building, including a
storage tank, that is principally above
as a manufactured home.
33.
Substantial Improvement means any repair,
improvement of a structure, the cost
exceeds 51il percent of the market value
either:
reconstruction, or
of which equals or
of the structure
(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:
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with
code
safe
any project for improvement of a structure to
existing state or local health, sanitary,
specifications which are solely necessary
living conditions; or
comply
or safety
to assure
(2) any alteration of a structure listed on the National
Register or Historic Places or a State Inventory of Historic
Places.
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FLOOD DAMAGE PREVENTION ORDINANCE
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34. 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.
35. 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.
Sec. 9B-6. General provisions
1.
Lands to Which this
apply to all areas
jurisdiction of the
Ordinance Applies.
of special flood
City of Seal Beach.
This ordinance shall
hazards within the
2.
Basis for Establishing the Areas of Special Flood Hazard.
The area 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 18, 1985, with an accompanying Flood
Insurance Rate Map is hereby adopted by reference and
declared to be a part of this ordinance. This Flood
Insurance Study is on file at 211 8th Street, Seal Beach, CA
90740. This Flood Insurance Study 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.
3. Compliance. 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 lincluding 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.
4. Abrogation 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.
5. Interpretation. In the interpretation and application of
this ordinance, all provisions shall be:
A.
Considered as minimum requirementsl
B.
Liberally construed in favor of the governing bodYl and
C. Deemed neither to limit nor repeal any other powers
granted under state' statutes.
6.
Warning and
protection
reasonable
scientific
Disclaimer of Liability. The degree of flood
required by this ordinance is considered
for regulatory purposes and is based on
and engineering considerations. Larger floods
Ordinance Number /:l.f'"#
FLOOD DAMAGE PREVENTION ORDINANCE
Page 7
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 I'
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, or the Federal Insurance
Administration, for any flood damages that 'result from
reliance on this ordinance or any administrative decision
lawfully made thereunder.
7. 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.
Sec. 9B-7. Administration
1.
Establishment of Development 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 materials, drainage facilities;
and the location of the foregoing. Specifically, the
following information is required:
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A. Proposed elevation in relation to mean sea level, of
the lowest floor lincluding basement) of all structures; in
Zone AO or VO, elevation of highest adjacent grade and
proposed elevation of lowest floor of all structures.
B. Proposed elevation in relation to mean sea level to
which any structure will be floodproofed;
C. All appropriate certifications listed in Section 98-
7.3.D of this ordinance; and
D. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
2. Designation of the Floodplain Administrator. The City
Engineer is hereby appointed to administer and implement
this ordinance by granting or denying development permits in
accordance with its provisions.
3.
Duties and Responsibilities of the Floodplain Administrator.
The duties and responsibilities of the floodplain
administrator shall include, but not be limited to:
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A. Permit review.
1. Review
the permit
satisfied;
all development permits to determine that
requirements of this ordinance have been
2. All other required state and federal permits have
been obtained;
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3. The site is reasonably safe from flooding.
4. Requ~re until a regulatory floodway is designated,
that no new construction, substantial improvements, or
other development lincluding fill) shall be permitted
within Zones Al-3B 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.
B. Use of 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 any base flood elevation and
floodway data available from a Federal, State or other
source, in order to administer Section 5.B. Any such
information shall be submitted to the City Council of the
City of Seal Beach.
C. Whenever a watercourse is to be altered or relocated.
1. Notify adjacent communities and the California
Department of Water Resources prior to such alteraton
or relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance
Administration;
2. Require
altered or
maintained.
that the flood carrying capacity of the
relocated portion of said watercourse is
D. Obtain and maintain for public inspection and make
available as needed:
1. the certification required in Section 9B-8.1.C.l
(floor elevations);
2. the certification required in Section 9B-8.1.C.2
(elevations in areas of shallow flooding);
3. the certification required in Section 9B-8.1.C.3.c
(elevation or floodproofing or nonresidential
structures);
4. the certification required in Section 9B-8.1.C.4.a
or 9B-8.I.C.4.b (wet floodproofing standard);
5. the certified elevation required in Section 9B-
8.3.B (subdivision standards);
6. the certification required in Section 9B.5.A
(floodwayencroachments);
E. 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.
F. Take action to remedy violations of this ordinance as
specified in Section 9B-6.3 herein.
Ordinance Number ~~~
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FLOOD DAMAGE PREVENTION ORDINANCE
page 9
Sec. 9B-8. Provisions for Flood Hazp.rd Reduction
1.
Standards of Construction. In all areas of special flood
hazards the following standards are required:
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A. Anchoring.
1. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
2. All manufactured homes shall meet the anchoring
standards of Section 9B-8.4.
B. Construction Materials and Methods.
1. All
shall be
equipment
new construction and substantial
constructed with materials
resistant to flood damage.
improvements
and utility
2. All new construction
shall be constructed using
minimize flood damage.
and substantial improvements
methods and practices that
3. All new construction and substantial improvements
shall be constructed with electrical, heating,
ventilation, plumbing and air conditioning equipment I
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.
4. Require within Zones AH, AO or VO, adequate
drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
C. Elevation and Floodproofing.
1. New construction and substantial improvement of
any structure shall have the lowest floor, including
basement, elevated to or above the base flood
elevation. Nonresidential structures may meet the
standards in Section 9B-8.l.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.
2. New construction and substantial improvement of
any structure in Zone AH, AO or VO shall have the
lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth
number specified in feet on the FIRM, or at least two
feet if no depth number is specified. Nonresidential
structures may meet the standards in Section 9B-
8.l.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.
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3. Nonresidential construction shall either be
elevated in conformance with Section 9B-8.l.C.l or 2
or together with attendant utility and sanitary
facilities:
a. be floodproofed so that below the base
level the structure is watertight with
substantially impermeable to the passage of
flood
walls
water~
b. have structural components capable of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy~ and
c. 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 Administrator.
4. 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:
a. 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
b. be certified to comply with
proofing standard approved
Insurance Administration.
local flood-
by the Federal
5. Manufactured homes shall also meet the standards
in Section 9B-8.4.
2. Standards for Utilities.
A. 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.
B. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding.
3.
Standards for Subdivisions.
A. All preliminary subdivision proposals shall identify
the flood hazard area and the elevation of the base flood.
B. All final subdivision plans will provide the elevation
of proposed structurelsl and pads. If the site is filled
above the base flood, the final pad elevation shall be
certified by a registered professional engineer or surveyor
and provided to the Floodplain Administrator.
Ordinance Number J'~~~
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FLOOD DAMAGE PREVENTION ORDINANCE
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C. All subdivision proposals shall be consistent with the
need to minimize flood damage.
D. All subdivision proposals shall have public utilities '1
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
4. Standards for Manufactured Homes. All new and replacement
manufactured homes and additions to manufactured homes shall:
A. Be elevated so that the lowest floor is at or above the
base flood elevation; and
B. Be securely anchored to a permanent foundation system
to resist flotation, collapse or lateral movement.
5. 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:
A. Prohibit encroachments, including fill, new
construction, substantial improvements, and other
development unless certification by a registered I
professional engineer or architect is provided demonstrating
that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
B. If Section 9B-8.5.A is satisfied, all new construction
and substantial improvements shall comply with all other
applicable flood hazard reduction provisions of Section 9B-
8.
6. Coastal High Hazard Areas. Within coastal high hazard area
established in Section 9B-6.2, the following standards shall
apply:
A. 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.
B. All new construction shall be located on the landward
side of the reach of mean high tide.
C. All new construction and substantial improvements shall I
have the space below the lowest floor free of obstructions
or constructed with breakaway walls. Such temporarily
enclosed space shall not be used for human habitation.
D. Fill shall not be used for structural support of
buildings.
E. Man-made alteration of sand dunes which would increase
potential flood damage is prohibited.
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F. The Floodplain Administrator shall obtain and maintain
the following records:
1. Certification by a registered engineer or
architect that a proposed structure complies with
Section 9B-8.6.A.
2. The elevation (in relation to mean sea level) of
the bottom of the lowest structural member of the
lowest floor lexcluding pilings or columns) of all new
and substantially improved structures, and whether such
structures, and whether such structures contain a
basement.
Sec. 9B-9. Variance Procedure.
1. Appeal Board.
A. The City Council of the City of Seal Beach shall hear
and decide appeals and requests for variances from the
requirements of this ordinance.
B. 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.
C. In passing upon
shall consider all
factors, standards
ordinance, and;
such applications, the City Council
technical evaluations, all relevant
specified in other sections of this
1. the danger that materials may be swept onto other
lands to the injury of others;
2. the danger of life and property due to flooding or
erosion damage;
3. the susceptibility of the proposed facility and
its content to flood damage and the effect of such
damage on the individual owner;
4. the importance of the services provided by,the
proposed facility to the community;
5. the necessity to the facility of a waterfront
location, where applicable;
6. the availability of
proposed use which are
erosion damage;
alternative locations for the
not subject to flooding or
7. the compatibility of the proposed use with
existing and anticipated development;
8. the relationship of
comprehensive plan and
for that area;
the proposed use to the
floodplain management program
9. the safety of access to the property in time of
flood for ordinary and emergency vehicles;
lB. the expected heights, velocity,
rise, and sediment transport of
expected at the site; and
duration, rate of
the flood waters
Ordinance Number ,,~~
FLOOD DAMAGE PREVENTION ORDINANCE
Page 13
11. 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
system, and streets and bridges.
D. Generally, variances may be issued for new construction
and substantial imprpvements 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.l through 9B-9.l.C.ll
have been fully considered. As the lot size increases
beyond one-half acre, the technical justification required
for issuing the variance increases.
E. Upon consideration of the factors of Section 9B-9.l.C
the purposes 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.
F. The Floodplain Administrator shall maintain the records
of all appeal actions and report any variances to the
Federal Insurance Administration upon request.
2. Conditions for Variances.
A. 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.
S. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
C. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. a showing of good and sufficient causel
2. a determination that failure to grant the variance
would result in exceptional hardship to the applicantl
and
3. 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 local laws or
ordinances.
E. 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 Sections 9B-9.2.A 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 create no additional threats to public
safety.
I
I
I
~
~
I
I
I
Ordinance Number
/~ s-L/
,- .....
. r".
....... ...
FLOOD DAMAGE PREVENTION ORDINANCE
Page 14
F. 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 be recorded in a manner so
that it appears in the chain of title of the affected parcel
of land.
Section 2.
Oridinances Numbered 1836 and 1197 are hereby
repealed.
Section 3.
The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause same to
be published as required by law.
PASSE ,
Seal
of
AND ADOPTED by the City Council of th~ ~ity of
egular meeting thereof held on the ~~ day
, 1987.
.....
~J't,~_
Mayor
ATTE"':)
,; 7f2( /J
\'~<'..4fe';r; (kPi
(J Cl ty C erk --r
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the.!9regoing ordinance is the
original co y of Ordinance Number /~ on file in the~~f)ce
of the C e k, ntroduced at a meetlng held on the ~
day of , 1987, and pa se approved and opted
by the City counc~l 0 the City ea Be h at a meeting
thereof held on the day of , 1987 b
the following vote:
.
AYES: Councilmembers
NOES:
Counc ilmembers
ABSENT:
Councilmembers
Ordinance Number /~5~
PrlOOF OF PUBLICATION
12015.$ C.C,I',I
Thl, .".'.1. 'or Ih. County CI.rk'~ Filing 51.mp
.r
.
,
ST/,TE OF CALIFORNIA.
COI-IIIy 01 Or,ulijll
I am iI cililun 01 Iha Unlllld Sldlol and ..
resldun' of Ihl! Counl)/ afurl!.,IIII; I ..Ill over
the agu of .:Ighteen veMI. .mll nLlIIlI'....,., Ia
or inlere~h:d In 'he d!Jove'lInll"u,", 1\I1I1I.r I
am Ihll prlm:II).1 elurk 01 Ih. "rllll., 01 Ih.
, ,I'
'.,....., .if!~~
......1 1$1.... .., :." ........ ....f') J ().i.I't'-D' iJh
flu'. Cllpplnl1/t).( JJ .4 tD::JJ .,
of Nutlu V ~-v \A.?..,...t- j
SI:CUllH V
In Thla 5pllce
~[^L IIL:ACII JUUIINAL
.......................,.."......................1.
......111........................11........11..'...,
a neWSI)apUr of lIonllral elrculatlOll. "rlll,.II
WCl:KL Y
and publlf.hod "' '"11'1"'" "'1............. II....
e._a.,. --- ".
0110_ NU_ 1"
R.00IIIL.AIt OVIN.AY MI ""'" I..)
" .
Ordinlnee Num,*1254a1I11oCllral;
the City aI Sell _h. Imondi.. '
C_9BoIlhoCoclllallhoCl\yal .
Sell BIICll. roIlti....1IIo Flaadpllln
OvItt., Olslnct. _1_1111Io
""",",atyQlundI_..aI_~
19.1987. Firot_..a1anu-.\
Number 1254 _ __ by lho
100Iowln._,
AYES, alII. G..... H..... R_..~
Wilson . "
NOES,HeN __
Ordllllnce _1254..ill__
--na ond Ill_tar
-">n IIlho IllUIIr CIIr Council" '
moetina01 N_2, 1987.CapIll
of Ordinance Number 1254 ..;
Milabll in the offici of tilt CItr CIIIIII.,:
City HIli. 2tl-8Ul-'''~ .
(2131 431-2527, '
DAtEO tlIIs ZOIIl 11II of _.'j
1987. . , 'I
JOIn.. M. V.. CIIr aIIII '
CltyofS.I_ -
0_29,1987,. .",
Publi_ in~ Seol_.........,
.
, . SEAl IICACII' ,
III the City Or..."'"I.llrl..,I~I..I..I....I...I..
COllllt., 01, Orilnllll, dllll ~hlch IIUWI,
poll)"r hilS buun olllj udllud II nuw.".lf'IIr
uf gllnllrdl c;lr.:uldlluII Lt)/ Iho !lujlllrlur
Cuurt 01 thll Counlv III 0. oI"\lU, !I'..lt III
, ~.~4
Cdll'ornla, undor 11111 dd'lI 0'.......... ".l.~
Colse Numbur . A/I~~.u.l....l thdllhl nolle..
of which the dnnlllled Is a prlnllld cop., (.ul
in Iype nol/smdller 'han nonpdrulll. ha'
belln published In udeh rllQuldr end IInllrll
issue ol...sald newspdper and nol In dn.,
suppllllnonl the 1I0f on Ihl fullowlng dd'"I.
'o.wil: ' I?l
.. .. . .. .... .. .. ... ... '!t"'1.... .., .. f.-.: CJ....... .
all In Iho Vlldr 19. w.r.-
I clIrlif., lor duelar.,) unll"r fJtIn..lI~ 0'
parfl1rv lilli' lht 10rulloIIIII I, 'rue InG
CU"'lIC I,
I
. ,
.. ,
JI,.. 'tlpl., ..IIU,lIleld, Ie,." ,ne,.. """11111'.-
· CALIFORNIA NI;.WSPAI'&:N iliNVICI
'''!Ie EAU. INC.
Legal Advurllltnll Cluarl"lI Huu..
120 WlIIIl:iucunll 51.. Lo. AI1I1II..:CIIII. 90013
rul.phonll f2\:IlIlJII 2114\
I
Ordinance'Number ~c:?~~
PROOF OF PUBLICATION
(2015,S C,C,P,)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA.
County of Orange
I
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter, I
am the principal clerk of the printer of the
SEAL BEACH JOURNAL
....................................................
....................................................
a newspaper of general circulation. printed
, WEEKLY
and published ...,...... _.......................
in the City of .....~.~~~...~~.~,S!!............
County of Orange. and which news-
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California, under the date of...?:.~~ 19 .7.~,
I
Case Number .AB 2,5.6,]....; that the notice.
of which the annexed is a printed copy (set
in type not 'smaller than non parelll, has
been published in each regular and entire
issue of said newspaper and not in any
supplemen thereof on the f /lowing dates.
to-wit: .. ./~
a/l in the year 19..
I certify (or declare) under penalty of
.
perjury that the foregoing is true and
correct.
(.
I
Free caplel of tllll blink form may blsecured 'ram:
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC.
Legal Advertising Clearing House
120 West Second St., Los Angeles. Calif, 90012
Telephone: /2131625-2541
PleiN r"u..tGENERAL Ptoof.' PUbllc.tlon
wll.n orderln. tills form.
/. ,
~~-1:"
OVEIlUlY 1IIt,_,
nooNumIler 12540f tho City of
SuI Beach, _OOi.. Chopto. 98 of
11Io, Code of Ihe CiIJ of Sui Booch,
""iIl!"I III tho Floodplain 0...11)1
~ _1wId SIClIIld _i..and
,-1I!aPlocl br'lliol'Sul ..,., CilY
Qluncll 81: their I'IIUII' .....11118 of
"~'* 2,1987 by tilt 10U"""I
'. : I','~ . ..o. -
, AVES,"cillt" ~;:"i;,i, Risner,
,,,,,-,, ....~
': NOES, None - MalJlIl1'-.od
" ClIJio!s of oRtiM.ce Nu;"ber 1254..
. ,;~Ilble.n Il10 office iii \he City Cleltl,
p .211- 8th Street. Seal Beachi
&;~ !213l431,2527
/ii;DATEP lhi5 3nl Ill\' 01 __
f.1'1987:' ,
'~JDinne M. Yea. City C1.~'
l' CIIY of Sui Buch ,
. iNCMmber 12.rl987
J. ~II~.~~ The ~iYl ~h JoLimal