HomeMy WebLinkAbout93-5 - Amending Chapter 15.50 of the Newport Beach Municipal Code Pertaining to Flood Damage PreventionORDINANCE NO. 93 -5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 15.50 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO FLOOD DAMAGE PREVENTION.
The City Council of the City of Newport Beach does hereby ordain that
Chapter 15.50 of the Newport Beach Municipal Code is amended to read as follows:
• Sections:
15.50.010
15.50.020
15.50.030
15.50.040
15.50.050
15.50.060
15.50.070
15.50.080
15.50.090
15.50.100
• 15.50.110
15.50.120
15.50.130
15.15.140
15.50.150
15.50.160
15.50.170
15.50.180
15.50.190
15.50.200
15.50.210
15.50.220
15.50.230
is15.50.240
15.50.250
15.50.260
15.50.270
Statutory Authorization.
Findings of Fact.
Statement of Purpose.
Methods of Reducing Flood Losses.
Definitions.
Lands to Which This Chapter Applies.
Basis for Establishing the Areas of Special Flood Hazard.
Compliance.
Abrogation and Greater Restrictions.
Interpretation.
Warning and Disclaimer of Liability.
Severability.
Establishment of Development Permit.
Designation of the Flood Plain Administrator.
Permit Review and Remedial Action.
Use of Other Base Flood Data.
Documentation of Flood Plain Development.
Alteration of Watercourses.
Map Determinations.
Appeals and Variance Procedure.
Conditions for Variances.
Standards of Construction.
Standards for Utilities.
Standards for Subdivisions.
Coastal High Hazard Areas.
Mudslide Prone Areas.
Flood- Related Erosion -Prone Areas.
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15.50.010 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 Newport Beach does ordain as set out in this chapter.
• 15.50.020 Findings of Fact. (1) The flood hazard areas of the City of
Newport 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.
(2) 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 contribute to the flood loss.
15.50.030 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 provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control
projects;
(3) To minimize the need for rescue and relief efforts associated with
flooding which is generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) 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 hazard;
(6) 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 blight
areas caused by flood damage;
(7) To ensure that potential buyers are notified that property is in an
area of special flood hazard; and
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(8) To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
15.50.040 Methods of Reducing Flood Losses. In order to accomplish its
purpose, this Chapter includes methods and provisions to:
(1) Restrict or prohibit 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;
(2) Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of initial
construction;
(3) Controlling the alteration of natural f1oodplain, stream channels, and
natural protective barriers, which help accommodate or channel flood waters;
(4) Control filling, grading, dredging, and other development which may
increase flood damage; and,
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in other
areas.
•
15.50.050 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.
"Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter.
"Area of shallow flooding" 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.
"Area of special flood - related erosion hazard" is the land within a community
which is most likely to be subject to severe flood - related erosion losses. The
area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).
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"Area of special flood hazard" - See "Special flood hazard area."
"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe
mudslides (i.e., mudflows). The area is designated as Zone M on the Flood
Insurance Rate Map (FIRM).
• "Base flood" means a flood which has a one percent change of being equalled or
exceeded in any given Year (also called the "100 -year flood "). Base flood is the
term used throughout this ordinance.
"Basement" means any area of the building having its floor subgrade - i.e.,
below ground level on all sides.
'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. 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.
• "Building" - see "Structure".
"Coastal high hazard area" means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and
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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 V1430, VE, or V.
•"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 or storage of
equipment or materials.
"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 the effective date
of the floodplain management regulations adopted by a community.
"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).
"Flood, flooding, or flood water" means:
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, and
• 2. the condition resulting from flood - related erosion.
"Flood Boundary and Floodway Map (FBFM)" 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 floodway.
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"Flood Hazard Boundary Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated the areas
of flood hazards.
"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.
"Flood Insurance Study" means 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.
"Floodplain or flood -prone area" means any land area susceptible to being
inundated by water from any source - see "Flooding ".
"Floodplain Administrator" is the individual appointed to administer and enforce
the floodplain management regulations.
"Floodplain management" 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, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this ordinance 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 which control development in flood -prone areas. This term
describes federal,
state or local
regulations
in any
combination thereof which
• provide standards
for preventing
and reducing
flood
loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
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real estate or improved real property, water and sanitary facilities, structures,
and their contents.
"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 ".
Fraud and victimization" as related to Section 15.50.210, Variances, of this
Chapter, means that the variance granted must not cause fraud on or victimization
of the public. In examining this requirement, the City of Newport Beach 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 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.
"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, and does not include long -term storage or related manufacturing
facilities.
"Governing body" is the local governing unit, i.e. county or municipality, that
is empowered to adopt and implement regulations to provide for the public health,
• safety and general welfare of its citizenry.
"Hardship" as related to Section 15.50.210, Variances, of this ordinance means
the exceptional hardship that would result from a failure to grant the requested
variance. The City of Newport Beach requires that the variance be exceptional,
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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.
"Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
"Historic structure" means 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
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 with
approved programs.
"Lowest floor" means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, usable solely for parking
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of vehicles, building access or storage in an area other than a basement area
(see "Basement") 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 chapter. (Note: This
definition allows garages serving one or two dwelling units to be built at grade.
•Below grade garages serving one or two dwelling units are not allowed as they are
considered to be basements.)
"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 attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle ".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
"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.
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or
inundation of liquid mud down a hillside, usually as a result of a dual condition
of loss of brush cover and the subsequent accumulation of water on the ground,
preceded by a period of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes
of unconsolidated material where the history, geology, and climate indicate a
potential for mudflow.
"New construction" for floodplain management purposes, means structures for which
•the "start of construction" commenced on or after the effective date of
floodplain management regulations adopted by this community, and includes any
subsequent improvements to such structures.
"New 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 on or after the effective
• date of floodplain management regulations adopted by this community.
"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
which 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.
"One- hundred -year flood" or "100 -year flood" - see "base flood ".
"Primary frontal dune" means 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.
"Principal structure" means a structure used for the principal use of the
property as distinguished from an accessory use.
"Public safety and nuisance" as related to Section 15.50.210, Variances, of this
ordinance means that the granting of a variance must not result in anything which
is injurious to safety or health of an entire community or neighborhood, or any
.considerable number of persons, or unlawfully obstructs the free passage or use,
in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
IU1
"Recreational vehicle" means a vehicle which is
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal
0 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.
"Regulatory 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.
• "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area" - see "Area of shallow flooding ".
"Special flood hazard area (SFHA) means an area having special flood, mudslide
(i.e., mudflow), or flood - related erosion hazards, and shown on an FHBM or FIRM
as Zone A, A0, Al -A30, AE, A99, AH, E, M, V1420, VE or V.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
•placement, or other improvement was within 180 days from the date of the permit.
The actual start means either the first placement of permanent construction of
a structure on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent
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construction does not include land preparation, such as clearing, grading, and
filling; nor does it include the installation of streets and /or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual
• start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground;
this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage° 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 50 percent of the market value of the structure before the damage
occurred.
• "Substantial improvement" means any reconstruction, rehabilitation, addition, or
other proposed new development 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 which have
incurred "substantial damage ", regardless of the actual repair work performed.
The term does not, however, include either
1. any project for improvement of a structure to correct existing
violations of 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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"V zone" - see "Coastal high hazard area ".
"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
chapter.
• "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 rivering
areas.
"Watercourse" means 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.
15.50.060 Lands to Which This Chapter Applies. This chapter shall apply to
all areas of special flood hazards within the jurisdiction of the city of Newport
• Beach.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard. The
areas of special flood hazard identified by the Federal Insurance Administration
of the Federal Emergency Management Agency in the "Flood Insurance Study Orange
County and Incorporated Areas ", dated February 1992, with an accompanying Flood
Insurance Rate Map and flood boundary and floodway maps dated February 1992 are
hereby adopted by reference and declared to be a part of this Chapter. This
Flood Insurance Study is on file at 3300 Newport Boulevard, Newport Beach,
California (92659 - 1768). This Flood Insurance Study 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. Notwithstanding the building pad
elevations established by the Flood Insurance Rate Maps, the minimum required
first floor finished floor elevation for the interior living areas of all new
structures shall be at least 6.27 Mean Sea Level consistent with the Public Works
Department standard for bulkhead elevation.
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15.50.080 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. Violations of the provisions
of this Chapter 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 from taking such lawful actin as is necessary to prevent or remedy
any violation.
15.50.090 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.
15.50.100 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 governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under
state statutes.
15.50.110 Warning and Disclaimer of Liability. The degree of flood
protection required by this Chapter is considered reasonable for regulatory
purposes and is a 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
of
the City
of Newport Beach, any
officer or
employee thereof,
or
the
®part
Federal
Insurance
Administration, Federal
Emergency
management Agency
for
any
flood damages that result from reliance on this Chapter or any administrative
decision lawfully made thereunder.
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15.50.120 Severability. This Chapter and the various parts thereof are
hereby declared to be severable. Should any section of this Chapter be declared
by the courts to be unconstitutional or invalid, such decision shall not affect
the validity of the Chapter as a whole, or any portion thereof other than the
section so declared to be unconstitutional or invalid.
• 15.50.130 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 15.50.070. Application for a Development
Permit shall be made on forms furnished by the City Manager or his designated
representative and may include but not be limited to: plans in duplicate drawn
to scale showing the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically, the following
information is required:
(1) Proposed elevation, as determined by a licensed land surveyor or
registered civil engineer, of the lowest floor (including basement) of all
isstructures; in Zone AO or V0, 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 15.50.180 of this
Chapter;
(4) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development;
• (5) Plans for any walls to be used to enclose space below the base flood
level; and
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(6) Provide certification that all necessary permits have been obtained
from federal, state, and local governmental agencies from which prior
approval is required.
NOTE: It is developer's responsibility to obtain these approvals.
• 15.50.140 Designation of the Flood Plain Administrator. The City Manager or
his designated representative is hereby appointed to administer and implement and
enforce this Chapter by granting or denying development permit applications in
accordance with its provisions.
15.50.150 Permit Review and Remedial Action. The Flood Plain Administrator
shall:
(1) Review all development permits to determine that the permit
requirements of this Chapter have been satisfied.
(2) Review the developer's certification that all other required state
• and federal permits have been obtained.
(3) Review all development permits to determine that the proposed
development does not adversely affect the carrying capacity of areas where
base flood elevations have been determined but a floodway has not been
designated. For purposes of this ordinance, "adversely affect" means that
the cumulative effect of the proposed development when combined with all
other existing and anticipated development will increase the water surface
elevation of the base flood more than one foot at any point.
(4) Review all development permits in the coastal high hazard area of the
area of special flood hazard to determine if the proposed development
isalters sand dunes so as to increase potential flood damage.
(5) Review all development permits to determine whether proposed building
sites will be reasonably safe from flooding.
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(6) Take action to remedy violations of this chapter.
15.50.160 Use of Other Base flood Data. When base flood elevation data has
not been provided in accordance with Section 15.50.070, Basis for Establishing
the Areas of Special Flood Hazard, the Flood Plain Administrator or his
•designated representative shall obtain, review and reasonably utilize any base
flood elevation data available from a federal, state or other source, in order
to administer Sections 15.50.220 through 15.50.270.
15.50.170 Documentation of Flood Plain Development. The Flood Plain
Administrator shall obtain and maintain for public inspection and make available
as needed:
(1) The certification required in Section 15.50.220(c)(1);
(2) The certification required in Section 15.50.220(C)(2) (elevation or
floodproofing of nonresidential structures);
• (3) The certified elevation required in Section 15.50.240(2) (Subdivision
standards);
15.50.180 Alteration of Watercourses. The Flood Plain Administrator shall:
(1) Notify adjacent communities and the Department of Water Resources of
the State of California prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Insurance Administration, Federal Emergency management Agency.
(2) Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
• 15.50.190 Map Determinations. The Flood Plain Administrator shall make
interpretations where needed, as to the exact location of the boundaries of the
area of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting
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the location of the boundary shall be given a reasonable opportunity to appeal
the interpretation as provided in Section 15.50.200.
15.50.200 Appeals and Variance Procedure.
• (1) The Planning Commission shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Flood Plain Administrator or his designated representative, in
the enforcement or administration of this Chapter.
(2) The Planning Commission shall review and decide requests for
variances. In ruling on such applications, the Planning Commission shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this Chapter, and:
(a) the danger that materials may be swept onto other lands to the injury
of others;
• (b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner and future
owners of the property;
(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;
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(h) the relationship of the proposed use to the comprehensive plan and
flood plain management program of that area;
(i) the safety of access to the property in times of flood for ordinary
and emergency vehicles;
• (J) the expected heights, velocity duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and
(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, electric, water systems, and streets and
bridges.
(3) Generally, variances may be issued for new construction and
substantial improvements 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 all items in Section
15.50.200(2) have been fully considered. As lot size increases beyond
one -half acre, the technical justification required for issuing the
variance increases.
(4) Upon consideration of the factors of Section 15.50.200(2) and the
purposes of this chapter, the Planning Commission may attach conditions to
the granting of variances as it deems necessary to further the purposes of
this Chapter.
(5) Those aggrieved by the decision of the Planning Commission, may
appeal such decision to the City Council as provided in Title 20 of the
• Newport Beach Municipal Code.
(6) The Flood Plain Administrator shall maintain the records of all
appeal actions and report any variances to the Federal Insurance
Administration in the biennial report.
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15.50.210 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 floodway 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:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result
• in exceptional hardship to the applicant; and
(iii) 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.
(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 structure or other
development is protected by methods that minimize flood damages during the
• base flood and create no additional threats to public safety.
(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
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•
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest flood 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 chain of
title of the affected parcel of land.
15.50.220 Standards of Construction. In all areas of special flood hazards
the following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall be
adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
B. Construction materials and methods. All new construction and
substantial improvements shall be constructed
1. with materials and utility equipment resistant to flood damage;
2. using methods and practices that minimize flood damage;
3. 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 if
4. within Zones AH or A0, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away
from proposed structures.
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C. Elevation and floodproofing_ (See Section 15.50.050 for definitions
of "new construction ", "substantial damage" and "substantial
improvement ".)
1. Residential construction:
• Residential construction, new or substantial improvement, shall have
the lowest floor, including basement,
a. in an AD 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 two feet above the
highest adjacent grade if no depth number is specified
b. in an A zone, elevated to or above the base flood
elevation, as determined by the City of Newport Beach.
c. in all other Zones, elevated to or above the base flood
elevation. [6.27' MSL (min) 15.50.070]
• All new one and
two dwelling unit construction and substantial
improvements 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 exceed the
following minimum criteria:
a. be certified by a registered professional engineer or
architect to comply with a local floodproofing standard
• approved by the Federal Insurance Administration, Federal
Emergency Management Agency, or
b. have a minimum of two openings having a total net area of
not less than one square inch for every square foot of
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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. .
• Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered
professional engineer or surveyor, and verified by the community
building inspector to be properly elevated. Such certification or
verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction:
Nonresidential construction shall either be elevated to conform with
Section C.1 or together with attendant utility and sanitary
facilities
• a. be floodproofed below the elevation recommended under
Section C.1 so that the structure is watertight with walls
substantially impermeable to the passage of 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 section are satisfied.
Such certification shall be submitted to the Flood Plain
Administrator.
• 3. Manufactured homes.
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•
•
•
a. manufactured homes that are placed or substantially
improved, within Zones Al -30, AH, and AE on the community's
Flood Insurance Rate Map, on sites located
(i) outside of a manufactured home park or subdivision,
(ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home
park or subdivision on a site upon which a manufactured
home has incurred "substantial damage" as the result of
a flood, shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be
securely anchored to an adequately anchored foundation
system to resist flotation collapse and lateral
movement.
b. All manufactured homes that are placed or substantially
improved on sites located within Zones V1 -30, V, and VE on
the community's Flood Insurance Rate Map will meet the
requirements of Paragraph 3a and Section 15.50.250.
C. All manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision within Zones Al -30, AH, AE, V1 -30, V, and VE on
the community's Flood Insurance Rate Map that are not subject
to the provisions of paragraph 3a will be elevated so that
either the
(i) lowest floor of the manufactured home is at or above the
base flood elevation, or
(ii) manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent
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strength that are not less than 36 inches in height above
grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
• 4. Recreational vehicles.
a. All recreational vehicles placed on sites within Zones Al-
30, AH, and AE on the community's Flood Insurance Rate Map
will either:
(i) be on the site for fewer than 180 consecutive days,
(ii) 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
•
(iii) meet the permit requirements of Section 15.50.130 of
this ordinance.
b. Recreation vehicles placed on sites within Zones V1 -30, V,
and VE on the community's Flood Insurance Rate Map shall meet
the requirements of Paragraph 4(a) and Section 15.50.250.
15.50.230 Standards for Utilities.
(1) All new and replacement electrical, heating, ventilation, plumbing
and air conditioning equipment and other service facilities shall be
• designed and /or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
25
(2) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems into flood waters.
(3) On -site waste disposal systems shall be located to avoid impairment
• to them or contamination from them during flooding.
15.50.240 Standards for Subdivisions.
(1) All preliminary subdivision proposals shall identify the flood hazard
area and elevation of the base flood.
(2) All final subdivision plans will provide the elevation of proposed
structure(s) and pad(s). 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.
(3) All subdivision proposals shall be consistent with the need to
• minimize flood damage.
(4) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electric and water systems located and constructed to
minimize flood damage.
(5) All subdivisions shall provide adequate drainage to reduce exposure
to flood hazards.
15.50.250 Coastal High Hazard Areas. Within coastal high hazard areas as
established under Section 15.50.070 the following standards shall apply.
• A. All new construction and substantial improvement shall be elevated on
adequately anchored pilings or columns and securely anchored to such
pilings or columns so that the lowest horizontal portion of the structural
members of the lowest floor (excluding the pilings or columns) is elevated
to or above the base flood level. The pile or column foundation and
Fkd
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 The Uniform Building Code.
• B. All new construction and other development shall be located on the
landward side of the reach of mean high tide.
C. 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 15.50.050 of this ordinance. Such enclosed
space shall not be used for human habitation and will be usable solely for
parking of vehicles, building access or storage.
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.
F. The Floodplain Administrator shall obtain and maintain the following
records.
1. Certification by a registered engineer or land surveyor that a
proposed structure complies with Section 15.50.250A.
2. 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.
• 15.50.260 Mudslide Prone Areas.
27
A. The Floodplain Administrator shall review permits for proposed
construction of other development to determine if it is proposed within a
mudslide area.
B. Permits shall be reviewed to determine that the proposed site and
• improvement will be reasonably safe from mudslide hazards. Factors to be
considered in making this determination include but are not limited to the
1. type and quality of soils,
2. evidence of ground water or surface water problems,
3. depth and quality of any fill,
4. overall slope of the site, and
5. weight that any proposed development will impose on the slope.
• C. Within areas which may have mudslide hazards, the Floodplain
Administrator shall require that;
1. a site investigation and further review be made by persons
qualified in geology and soils engineering;
2. the proposed grading, excavation, new construction, and
substantial improvement be adequately designed and protected against
mudslide damages;
3. the proposed grading, excavations, new construction, and
substantial improvement not aggravate the existing hazard by
• creating either on-site or off-site disturbances; and
4. drainage, planting, watering, and maintenance not endanger slope
stability.
15.50.270 Flood- related Erosion -Prone Areas.
A. The Floodplain Administrator shall require permits for proposed
construction and other development within all flood - related erosion -prone
areas as known to the community.
• B. Permit applications shall be reviewed to determine whether the
proposed site alterations and improvements will be reasonably safe from
flood - related erosion and will not cause flood - related erosion hazards or
otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood - related
erosion or would increase the erosion hazard, such improvement shall be
relocated or adequate protective measures shall be taken to avoid
aggravating the existing erosion hazard.
D. Within Zone E on the Flood Insurance Rate Map, a setback is required
for all new development from the ocean, lake, bay, riverfront or other
• body of water to create a safety buffer consisting of a natural vegetative
or contour strip. This buffer shall be designated according to the flood -
related erosion hazard and erosion rate, in relation to the anticipated
"useful life" of structures, and depending upon the geologic, hydrologic,
topographic, and climatic characteristics of the land. The buffer may be
used for suitable open space purposes, such as for agricultural, forestry,
outdoor recreation and wildlife habitat areas, and for other activities
using temporary and portable structures only.
SECTION 2: That if any section, subsection, sentence, clause or phrase of
this ordinance is for any reason, held to be invalid or unconstitutional, such
decision shall not affect the validity or constitutionality of the remaining
•portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
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SECTION 3: The Mayor shall sign and the City Clerk Shall attest to the
passage of this ordinance. The City Clerk shall cause the same to be published
once in the official newspaper of the City, and it shall be effective thirty (30)
days after its adoption.
•SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the city of Newport Beach, held on thel2th day of April 1993,
and adopted on the26th day of April , 1993, by the following vote, to wit:
AYES, COUNCILMEMBERS BEDGES, SANSONE, WATT,
TURNER, HART, COX, DEBAY
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
MAYOR
• ATTEST: v
i s-e c
� CITY CLERK
•
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C