HomeMy WebLinkAbout01_Additional Responsibilities for the Building and Fire Board Appeals 4�EvU�oR�
a CITY OF NEWPORT BEACH
i BUILDING AND FIRE BOARD OF APPEALS STAFF REPORT
W February11, 2014
�W 1.POVL Agenda Item No. 1
SUBJECT: Additional Responsibilities for the Building and Fire Board of Appeals.
SUMMARY:
Recent changes to the Newport Beach Municipal Code (NBMC) require the Board to hear
appeals related to the City's Floodplain Management Ordinance. Additionally, changes to the
building code require the Board to hear items that require ratification of the Chief Building
Official's decision as it relates to accessibility hardships.
RECOMMENDATION:
NONE
DISCUSSION:
During the 2013 California Building Code adoption process, the City Council approved staff's
recommendation to amend Section 15.50.180 of the NBMC that designates the Building and
Fire Board of Appeals as the body to hear and decide appeals and variances to the City's
Floodplain Management requirement per NBMC Chapter 15.50 (Exhibit 1).
The City's Floodplain Management ordinance requires buildings located in the Special Flood
Hazard Areas (SFHA) to be elevated at or above the Base Flood Elevation (BFE). Currently,
the BFE is at 9.0 NGVD88. Per NBMC Section 15.50.180 applicants may apply for an appeal to
the determination made by the Floodplain Administrator. The Floodplain Administrator has the
responsibility of enforcing the Floodplain Management provisions of the NBMC. An appeal may
be filed when it is alleged there is an error in requirement, decision, or determination made by
the Floodplain Administrator. Additionally, the Board shall review and decide requests for
variances to the same requirement.
Another important change occurred in the 2013 California Building Code (CBC) with regard to
ratifying accessibility hardships. California Building Code Section 11113-202.4 Exception 8
(Exhibit 2) requires: if the construction cost exceeds $143,300 and the Chief Building Official
determines that the cost of accessibility compliance is an unreasonable hardship, then the
details of the findings shall be recorded and entered into the files and be subject to ratification
by the Building and Fire Board of Appeals.
Additional Responsibilities for the Building and Fire Board of Appeals
February 11, 2014
Page 2
PUBLIC NOTICE:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting
at which the Building & Fire Board of Appeals considers the item).
Submitted by:
Seimone Jurjis
Chief Buildingicial
Attachments:
Exhibit 1 — NBMC Chapter 15.50 — Floodplain Management
Exhibit 2 — 2013 California Building Code Section 11 B.202.4
Exhibit No. 1
NBMC Chapter 15.50 — Floodplain Management
Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 1 of 20
Chapter 15.50
FLOODPLAIN MANAGEMENT*
Sections:
15.50.010 Statutory Authorization.
15.50.020 Findings of Fact.
15.50.030 Statement of Purpose.
15.50.040 Methods of Reducing Flood Losses.
15.50,050 Definitions.
15.50.060 Lands to Which this Chapter Applies.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard.
15.50.080 Compliance.
I 15.50.090 Abrogation and Greater Restrictions.
15.50.100 Interpretation.
15.50.110 Warning and Disclaimer of Liability.
15.50.120 Severability.
15.50.130 Designation of the Floodplain Administrator.
15.50.135 Permit Review.
15.50,140 Review, Use of Other Base Flood Data.
15.50.145 Development of Substantial Improvement and Substantial Damage Procedures.
15.50.150 Documentation of Floodplain Development.
15.50.160 Notification of Other Agencies.
15.50,170 Map Determinations.
15.50.180 Appeals and Variance Procedure.
15.50.190 Conditions for Variances.
15.50.200 Standards of Construction.
15.50.210 Standards for Utilities.
15.50.220 Standards for Subdivisions.
15.50.230 Coastal High Hazard Areas.
15.50,240 Mudslide Prone Areas.
15.50.250 Flood-Related Erosion-Prone Areas.
Prior ordinance history: Ards, 1779, 88-8 and 91-38.
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. (Ord. 93-5 § 1 (part), 1993)
15.50.020 Findings of Fact.
A. 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
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 2 of 20
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.
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B. These flood losses are caused by uses that are inadequately elevated,floodproofed, or
protected from flood damage, The cumulative effect of obstructions in areas of special flood hazards
which increase flood heights and velocities also contribute to the flood loss. (Ord. 93-5§ 1 (part),
1993)
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15.50.030 Statement of Purpose.
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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:
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i A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding which is generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future blight areas caused by flood damage;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard;
and
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions. (Ord. 93-5§ 1 (part), 1993)
15.50.040 Methods of Reducing Flood Losses.
In order to accomplish its purpose, this chapter includes methods and provisions to:
A. 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;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas. (Ord. 93-5§ 1 (part), 1993)
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 3 of 20
15.50.050 Definitions.
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Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to
give them the meaning they have in common usage and to give this chapter its most reasonable
application.
"Addition" means any additional building square footage added to the lot.
"Addition cost"means the"addition"square footage multiplied by the cost per foot average as
determined by the Building Official.
"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).
"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 chance of being equaled or exceeded in any
given year(also called the"one hundred (100)-year flood"). Base flood is the term used through this
chapter.
"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 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 (10)and no more than twenty(20) pounds per square
foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet
the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur
during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to the effects
of wind and water loads acting simultaneously in the event of the base flood,
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 4 of 20
"Building." See "Structure."
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"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 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 VE, or V.
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I "Current value of the structure"means the existing structure square footage multiplied by the cost per
foot average as determined by the Building Official.
"Development" means any manmade 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 and Mitigation Administration has delineated both the
areas of special flood hazards and the floodway.
"Flood hazard boundary map" means the official map on which the Federal Emergency Management
Agency or Federal Insurance and Mitigation.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 and Mitigation 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 and Mitigation
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.
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 5 of 20
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"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 chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as grading and
j erosion control)and other applications 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 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 a "regulatory floodway,"
"Fraud and victimization"as related to Section 15,50.190, 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(50)to one hundred(100)
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 incurred 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 15.50.190, Variances, of this chapter, 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, unusual, and peculiar to the property involved. Mere
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page G of 20
economic or financial hardshipalone is not exceptional. Inconvenience aesthetic considerations,
p tons,
' 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 slightly 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 the Interior)or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the 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 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.
"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.
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 7 of 20
"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
F 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
f site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by this community.
"North American Vertical Datum of 1988 (NAVD)" means, for the purpose of National Flood Insurance
Program, the vertical datum to which base flood elevations shown on a community's flood insurance
rate map are referenced.
"Obstruction" includes, but is not limited to, any dam,wall,wharf, embankment, levee, dike, pile,
abutment, projection, 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 15.50.190, Variances, of this chapter 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.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred (400)square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
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Chapter 15.50 FLOODPLAIN MANAGEMENT'S Page 8 of 20
"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.
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"Remodel" means any reconstruction, rehabilitation or renovation of an existing structure whereby no
additional floor area is added to an existing structure.
"Remodel cost" means the cost of the remodel as determined by the Building Official.
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"Sand dunes" means 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 (SHFA)"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,AO, AE, A99, AH, 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 one hundred
eighty(180) days of the permit. The actual start means either the first placement or 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. 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 any damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition (see "Remodel cost")would equal or exceed
fifty(50)percent of the current value of the structure before the damage occurred.
"Substantial improvement" means any new construction,"remodel"or"addition,"where the remodel
cost plus the addition cost is at least fifty (50) percent of the current value of the structure. This term
includes structures, which have incurred substantial damage, regardless of the actual repair work
performed. However, the term does not include:
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
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 9 of 20
2. Any alteration of a historic structure; provided, that the alteration will not preclude the
structure's continued designation as a historic structure.
W zone." See"Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this chapter, which permits construction in
a manner that would otherwise be prohibited by this chapter.
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"Violation" means the failure of a structure or other development to be fully compliant with this
chapter. A structure or other development without the elevation certificate, other certifications, or
other evidence of compliance required in this chapter is presumed to be in violation until such time as
that documentation is provided.
"Water surface elevation"means the height, in relation to the North American Vertical Datum (NAVD)
of 1988, (or other datum, where specified)of floods of various magnitudes and frequencies in the
floodpiains of coastal or riverine 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. (Ord. 2011-5§ 8 (part), 2011: Ord. 2005-5§4 (part),
2005: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5§ 1 (part), 1993)
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. (Ord. 93-5 § 1 (part), 1993)
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 Incorporate
Areas," dated December 3, 2009, with an accompanying flood insurance rate map and flood
boundary and floodway maps dated December 3, 2009, and all subsequent revisions, are 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. (Ord. 2011-5§ 8 (part), 2011: Ord. 2005-5 §4 (part), 2005: Ord. 95-36 § 1,
1995: Ord. 93-5§ 1 (part), 1993)
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 action as is necessary to
prevent or remedy any violation. (Ord. 93-5 § 1 (part), 1993)
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 10 of 20
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. (Ord. 93
E
-5§ 1 (part), 1993)
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15.50.100 Interpretation.
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In the interpretation and application of this chapter, all provisions shall be:
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A. Considered as minimum requirements;
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B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 93-5§ 1
(part), 1993)
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 based on scientific and engineering considerations. Larger floods can and will occur
on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter
does not imply that land outside the areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not create liability on the part of
the City of Newport Beach, any officer or employee thereof, or the Federal Insurance Administration,
Federal Agency Management Agency for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder. (Ord. 93-5§ 1 (part), 1993)
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. (Ord. 93-5§ 1 (part), 1993)
15.50.130 Designation of the Floodplain Administrator.
The City Manager or his designated representative is hereby appointed to administer, implement and
enforce this chapter by granting or denying development permit applications in accordance with its
provisions. The Floodplain Administrator shall also:
A. Take action to remedy violations of this chapter;
B. Complete and submit a biennial report to FEMA; and
C. Assure the community's General Plan is consistent with floodplain management objectives. (Ord.
2011-5§ 8 (part), 2011: Ord. 2002-20 §8 (part), 2002: Ord. 93-5 § 1 (part), 1993)
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15.50.135Permit Review.
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The Floodplain Administrator mhis designated representative shall review all development permits to
determine:
A. Permit requirements of this chapter have been satisfied, including determination of substantial
improvement and substantial damage ofexisting structures;
B. All other required State and Federal permits have been obtained;
C. The site inreasonably safe from flooding;
O. The proposed development does not adversely affect the carrying capacity of areas where base
|
flood elevations have been determined but a floodway has not been designated, This means that the
!
cumulative effect of the proposed development when combined with all other existing and anticipated
/
development will not increase the water surface elevation of the base flood more than one foot at any
point; and
'
E All Letters of Map Revision (LOMRs)for flood control projects are approved prior tothe issuance
of building permits. Building permits must not be issued based on Conditional Letters of Map Revision
(CLOMRo). Approved CLOK4Ruallow construction ofthe proposed flood control project and land
preparation as specified in the "start of construction" definition. (Ord.2011-5§ 8 (part), 2011)
15.50.140 Review, Use mfOther 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 Floodplain Administrator orhis designated
representative shall obtain, review and reasonably utilize any base flood elevation data available from
o Federal, 8haba orother source, in order to administer Sections 1<5.5OL2}0through 15.5{\26Q. ({}rd.
2011'5§ 8 (part). 3O11: Ord. 2OO2-2O §8 (part). 2O02: Ord. Q3-5 § 1 (par0' 1QQ3)
15.50.145 Development of Substantial Improvement and Substantial Damage
Procedures.
_���_� ...I........................._��������������_� .. .......''�...- ...... .�............. ............................................ � ��
The F|ondp|oinAdministrator orhis designated representative shall:
A. Answer toquestions about substantially damaged buildings, develop detailed procedures for
identifying and administering requirements for substantial improvement and substantial damage to
include defining "current value ofthe otructuno.^
B. Assure procedures are coordinated with other departments/divisions and implemented by
community staff. (Ond. 2O11-5§8 (part). 2011)
15.50.150 Documentation of Floodplain Development...��.�_��.��.� _��� � �� ��_� �_�������...��������������������������
The Floodplain Administrator shall obtain and maintain for public inspection and make available as
needed:
A. The certification required inSection 15,5K0.D}0(C)(1)(e);
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i
| Chapter 15.50 FLOODPLAIN Page Qof20
B. The certification required inSection 1K5.50.200(C)(2)(o) (elevation orfloodproofingof
nonresidential structures);
C. The certified elevation required inSection 15.5Vl22D(B) (subdivision ntandardn). (Ord. 20O2'2O §
8 (part). 2002: Ord. Q3'5§ 1 (pad). 1993)
1.5'5O.YGO Notification mfX�th�r�oeno|�s.
� .��������������������������_�_ ��������_. ������ ���.................. .............. ��������
A. Alteration or Relocation of a Watercourse. The Floodplain Administrator or his designated
representative shall:
1. Notify adjacent communities and the California Department of Water Resources prior to
i
alteration or relocation;
� 2. Submit evidence ofsuch notification tothe Federal Emergency Management Agency;
'
I Assure that the flood carrying nopeoky within the altered or relocated portion of said
� wmhon:ouroo in maintained.
B. 8mon Flood Elevation Changes Due hzPhysical Alterations. The Floodplain Administrator orhis
designated representative shall:
1. Within six months of information becoming available or project completion, whichever
comes first, submit or eonuno that the permit applicant submits technical or scientific data to
FEMA for mLetter ofMap Revision (LOMR).
2. Verify all UDyWRs for flood control projects are approved prior to the issuance of building
permits. Building permits must not be |uuuad based on Conditional Letham of Map Revision
(CLOPNRn). Approved CL0MRoallow construction of the proposed flood control project and land
preparation as specified in the "start ofconstruction" definition. Such submissions are necessary
so that upon confirmation of those physical changes affecting flooding ponditiVnn, risk premium
rates and floodplain management requirements are based oncurrent data,
C. Changes in Corporate Boundaries. The Floodplain Administrator urhis designated
representative oho|| notify FEMA in writing whenever the corporate boundaries have been modified by
annexation or other means and include a copy ofa noup of the community clearly delineating the new
corporate limits. (Ord. 2O11'5§ 8 (part), 2011)
15.50.170 Map Determinations.
......_����.........������.....................
The Floodplain Administrator uhuU make interpretations where needed, as to the exact location of the
boundaries ofthe 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 the location of the
boundary shall begiven ureasonable opportunity tnappeal the interpretation as provided in Section
15,50L1180. (Ord. 2002'20 § 8 (port). 2002: (]rd. 93'5§ 1 (part), 1993)
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Chapter 15.50 FLOODPLAIN MANAGEMENT'S Page 13 of 20
15.50.180 Appeals and Variance Procedure.
._. ...... ... . .... .....I.. ....... ...... _ ... . . . . . . ... .......... .......
A, The Building and Fire Board of Appeals shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the Floodplain Administrator or his
designated representative, in the enforcement or administration of this chapter.
B. The Building and Fire Board of Appeals shall review and decide requests for variances. In ruling
jon such applications, the Building and Fire Board of Appeals shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
I
2. The danger to life and property due to flooding or erosion damage;
3. 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;
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 alternative locations, for the proposed use, which are not subject to
flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. 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
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, electric,water
systems, and streets and bridges.
C. 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 subsection (B)of this section
have been fully considered.As lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
D. Upon consideration of the factors of subsection (B) of this section 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.
E. Those aggrieved by the decision of the Building and Fire Board of Appeals may appeal such
decision to the City Council as provided in Title 20.
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 14 of 20
F. The Floodplain Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Insurance and Mitigation Administration in the biennial report. (Ord.2013-24
§ 14, 2013: Ord. 2002-20 §8 (part), 2002: Ord. 93-5§ 1 (part), 1993)
15.50.190 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 upon determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and design of the structure.
B. 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 cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the
applicant; 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 structure
or other development is protected by methods that minimize flood damages during the base flood and
create no additional threats to public safety.
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 flood
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. (Ord, 2011-5 § 8(part), 2011: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1
(part), 1993)
15.50.200 Standards of Construction.
In all areas of special flood hazards, all substantial improvements, including all existing construction,
shall meet the following standards:
A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 15 of 20
B. Construction Materials and Methods.
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
E 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
f
4. With zones AH or AO, so that there are adequate drainage paths around structures on
slopes to guide flood waters around and away from proposed structures.
i
i
I C. Elevation and Floodproofing.
1. Residential construction shall have the lowest floor, including basement:
a. In an AO zone, elevated above the highest adjacent grade to a height equal to or
exceeding the depth number specified in feet on the FIRM, or elevated at least two feet
above the highest 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 per Section 15.50.070.
d. 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:
i. Be certified by a registered professional engineer or architect to comply with a local
floodproofing standard approved by the Federal Insurance and Mitigation
Administration, or Federal Emergency Management Agency; or
ii. Have 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. 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.
e. Upon 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.
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 16 of 20
2. Nonresidential Construction. Nonresidential construction shall either be elevated e ted to conform
with subsections (C)(1)(a), (b) and (c)of this section or together with attendant utility and
sanitary facilities:
a. Be floodproofed below the elevation recommended under subsections (C)(1)(a), (b)
and (c) of this section 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
i 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 Floodplain Administrator,
3. Manufactured Homes. Manufactured homes that are placed or substantially improved shall
be 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.
4. Recreational Vehicles.All recreational vehicles shall:
a. Be on the site for fewer than one hundred eighty(180)consecutive days;
b. Be fully licensed and ready for highway use; a recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached additions; or
c. Meet the permit requirements of subsection (C)of this section.
D. Required Submittals. Before construction begins within any area of special flood hazards
established in Section 15.50,070, application for a building permit shall be made pursuant to the
Newport Beach Administrative Code, adopted in Section 15.02.010. In addition to submittals required
by the Newport Beach Administrative Code, drawings shall show the nature, location, dimensions,
and elevations of each structure; existing and proposed grades, and drainage facilities. 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 structures;
2. Proposed elevation In relation to (NAVD)to which any structure will be floodproofed;
3. All appropriate certifications listed in Section 15.50.150;
4. Description of the extent to which any watercourse will be altered or relocated as a result of
the proposed development;
5. Plans for any walls to be used to enclose space below the base flood levels.
E. Floodways. Encroachments into floodways are prohibited, including fill, new construction
substantial improvements, and other development, unless certification by a registered civil engineer is
provided demonstrating that the proposed encroachment shall not result in any increase in flood
�9
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Chapter 1.5.50 FLOODPLAIN MANAGEMENT* Page 17 of 20
levels during the occurrence of the base flood discharge. (Ord.2011-5§8(part), 2011: Ord. 2005-5§
4 (part), 2005: Ord.2002-20 § 8 (part), 2002: Ord. 95-36 § 2, 1995: Ord. 93-5§ 1 (part), 1993)
15.50.210 Standards for Utilities.
A. 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
i accumulating within the components during conditions of flooding.
B. 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.
C. On-site waste disposal systems shall be located to avoid impairment to them or contamination
I from them duringflooding. Ord. 2002-20 8
9• ( § (part), 2002: Ord. 93-5§ 1 (part), 1993)
15.50.220 Standards for Subdivisions.
A. All preliminary subdivision proposals shall identify the flood hazard area and elevation of the
base flood;
B. 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;
C. All subdivision proposals shall be consistent with the need to minimize flood damage;
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and
water systems located and constructed to minimize flood damage;
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards;
F. A development permit shall be obtained before construction or development begins on a
subdivision 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 shall include but not be limited to: plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of each structure within the subdivision; existing and
proposed grades, and drainage facilities. 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 structures;
2. Proposed elevation in relation to (NAVD)to which any structure will be floodproofed;
3. All appropriate certifications listed in Section 15.50.150 of this chapter;
4. Description of the extent to which any watercourse will be altered or relocated as a result of
the proposed development;
5. Plans for any walls to be used to enclose space below the base flood level; and
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 18 of 20
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 the developer's responsibility to obtain these approvals.
i
G. The Floodplain Administrator shall:
I 1. Review all development permits to determine that the permit requirements of this chapter
i
have been satisfied;
1
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 chapter, "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 alters 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;
6. Take action to remedy violations of this chapter. (Ord. 2005-5§4 (part), 2005: Ord.2002-20
§8 (part), 2002: Ord. 93-5§ 1 (part), 1993)
15.50.230 Coastal High Hazard Areas.
Within coastal high hazard areas as established under Section 15.50.070 the following standards
shall apply.
A. All substantial improvements, including all existing construction, and manufactured homes, 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 and columns) is elevated to or above the base flood level.The pile of column foundation
and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to
the effects of wind and water loads acting simultaneously on all building components, Water loading
values used shall be those associated with the base flood. Wind loading values used shall be those
required by the California Building Code;
B. All new construction and other development shall be located on the landward side of the reach of
mean high tide;
C. Substantial improvements, including all existing construction, shall have the space below the
lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.50.050
21
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Chapter 15.50 FLOODPLAIN MANAGEMENT* Page 19 of 20
of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely
for parking of vehicles, building access and storage;
r
D. Fill shall not be used for structural support of buildings;
E. Manmade 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 subsection (A)of this section;
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. (Ord. 2011-5§8 (part), 2011: Ord,
2002-20 §8 (part), 2002: Ord. 93-5§ 1 (part), 1993)
15.50.240 Mudslide Prone Areas.
A. The Floodplain Administrator shall review permits for proposed construction and 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. (Ord. 2002-20
§ 8(part), 2002: Ord. 93-5§ 1 (part), 1993)
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15.50.250 Flood-Related Erosion-Prone Areas.
...... ... _... ....._..., . . . .. ........ .... .... ... .................... ........ _._ ... .......
i
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
i AP P P
improvements will be reasonably safe from flood-related erosion and will not cause flood-related
erosion hazards or otherwise aggravate the existing hazard;
I
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 VE 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. (Ord. 2005-5§4(part), 2005: Ord. 2002-20 § 8(part), 2002: Ord. 93-5 § 1 (part), 1993)
The Newport Beach Municipal Code is current through
Ordinance 2013-29, passed January 14, 2014.
Disclaimer:The City Clerk's Office has the official version of the
Newport Beach Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
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Exhibit No. 2
2013 California Building Code Section 11 B
24
ACCESSIBILITY TO PUBLIC BUILDINGS,PUBLIC ACCOMMODATIONS,COMMERCIAL BUILDINGS AND PUBLIC HOUSING
i
DIVISION 2: f
SCOPING REQUIREMENTS
IIB-201 Application 3. Residential dwelling units not required to be acces-
IlB-201,1 Scope. All areas of newly designed and newly sible in compliance with this code shall not be
constructed buildings and facilities and altered portions of required to comply with Section 11B-202.3.
existing buildings and facilities shall comply with these IIB-202.3.1 Prohibited reduction in access. An altera-
requirements. tion that decreases or has the effect of decreasing the
•IIB-201.2 Application based on building or facility use. accessibility of a building or facility below the require-
Where a site,building, facility,room, or space contains more mems for new construction at the time of the alteration is
than one use, each portion shall comply with the applicable prohibited,
requirements for that use. 1]B-202,3.2 Extent of application. An alteration of an
11B-201.3 Temporary and permanent structures. These existing element, space, or area of a building or facility
requirements shall apply to temporary and permanent build- shall not impose a requirement for accessibility greater Ings and facilities. than required for new construction.
11B-202.3.3 Alteration of single elements. If alterations
IIB-201.4 construction support facilities. These require- of single elements, when considered together, amount to
mems shall,apply to temporary or permanent construction an alteration of a room or space in a building orfacility,
support facilities for uses and activities not directly associ- the entire room or-space shall be made accessible.
ated with the actual processes of construction, including but
not limited to offices, meeting rooms, plan rooms, otherIB-202.4 Path of travel requirements in alterations, addi-
administrative or support functions. When provided, toilet tions and structural repairs. When alterations or additions
and bathing facilities serving construction support facilities are made to existing buildings orfacilities, an accessible path
shall comply with Section IIB-213. When toilet and bathing of travel to the specific area of alteration or addition shall be
facilities serving construction support facilities are provided provided. The primary accessible path of travel shall include:
by portable units, at least one of each type shall be accessible 1. A primary entrance to the building or facility,
and connected to the construction support facilities it serves 2. Toilet and bathing facilities serving the area,
by an accessible route.
Exception: During construction an accessible route shall 3. Drinking fountains serving the area,
not be required between site arrival points or the bound- 4. Public telephones serving the area, and
ary of the area of construction and the entrance to the 5. Signs.
construction support facilities if the only means of access Exceptions:
between them is a vehicular way not providing pedestrian
access. 1. Residential dwelling units shall comply with Section
IIB-202 Existing buildings and facilities
11B-233.3.4.2.
118-202.1 General. Additions and alterations to existing 2, If the following elements of a path of travel havebeen constructed or altered in compliance with the
buildings or facilities shall comply with Section JIB-202. accessibility requirements of the immediately pre-
11B-202.2 Additions. Each addition to an existing building ceeding edition of the California Building Code, it
or facility shall comply with the requirements for new con- shall not be required to retrofit such elements to
struction and shall comply with Section IIB-202.4. reflect the incremental changes in this code solely
IIB-202.3 Alterations. Where existing elements or spaces because of an alteration to an area served by those
elements of the path of travel:
altered, each altered element or space shall comply with
the applicable requirements of Division 2, including Section 1. A primary entrance to the building or facility,
I1B-202.4. 2. Toilet and bathing facilities serving the area,
Exceptions: 3. Drinking fountains serving the area,
1. Reserved. 4. Public telephones serving the area, and
2. Technically infeasible. In alterations, where the 5. Signs.
enforcing authority determines compliance with 3. Additions or alterations to meet accessibility
applicable requirements is technically infeasible,the requirements consisting of one or more of the fol-
alteration shall provide equivalent facilitation or lowing items shall be limited to the actual scope of
comply with the requirements to the maximum work of the project and shall not be required to com-
extent feasible. The details of the finding that full ply with Section 11B-202.4:
compliance with the requirements is technically
infeasible shall be recorded and entered into the 1. Altering one building entrance.
files of the enforcing agency. 2. Altering one existing toilet facility. 25
518 2013 CALIFORNIA BUILDING CODE
I
ACCESSIBILITY TO PUBLIC BUILDINGS,PUBLIC ACCOMMODATIONS,COMMERCIAL BUILDINGS AND PUBLIC HOUSING
3. Altering existing elevators. code, such as painting, equipment not considered to
4. Altering existing steps. be a part of the architecture of the building or area,
such as terminals computer p a s and office equipment
5. Altering existing handrails. .shall not be required to comply with Section IIB-
4. Alterations solely for the purpose of barrier removal 202.4 unless they affect the usability of the building
undertaken pursuant to the requirements of the or facility.
Americans with Disabilities Act (Public Law 101- When the adjusted construction cost is less than or
1 336, 28 C.F.R., Section 36.304) or the accessibility equal to the current valuation threshold, as defined
requirements of this code as those requirements or in Chapter 2, Section 202, the cost of compliance
regulations now exist or are hereafter amended con- with Section JIB-202.4 shall be limited to 20 per-
sisting of one or more of the fallowing items shall be cent of the adjusted construction cost of alterations,
limited to the actual scope of work of the project and structural repairs or additions. When the cost of full
shall not be required to comply with Section IIB- compliance with Section IIB-202.4 would exceed 20
202.4: percent, compliance shall be provided to the great-
1. Installing ramps, est extent possible without exceeding 20 percent.
2. Making curb cuts in sidewalks and entrance. When the adjusted construction cost exceeds the
3. .Repositioning shelves. current valuation threshold, as defined in Chapter 2,
Section 202, and the enforcing agency determines
4. Rearranging tables, chairs, vending the cost of compliance with Section IIB-202.4 is an
machines, display racks, and other furniture. unreasonable hardship, as defined in Chapter 2,
5. Repositioning telephones, Section 202,full compliance with Section IIB-202,4
6. Adding raised markings on elevator control shall not be required. Compliance shall be provided
buttons. by equivalent facilitation or to the greatest extent
possible without creating an unreasonable hard-
7. Installing,flashing alarm lights, ship; but in no case shall the cost of compliance be
8. Widening doors. less than 20 percent of the adjusted construction
9. Installing offset hinges to widen doorways. cost of alterations, structural repairs or additions.
The details of the finding of unreasonable hardship
J 10, Eliminating a turnstile or providing an alter- shall be recorded and entered into the files of the
native accessible route. enforcing agency and shall be subject to Chapter 1,
11. Installing accessible door hardware. Section 1.9.1.5, Special Conditions for Persons with
12. Installing grab bars in toilet stalls, Disabilities Requiring Appeals Action Ratification.
For the purposes of this exception, the adjusted
13. Rearranging toilet partitions to increase construction cost of alterations, structural repairs
maneuvering space. or additions shall not include the cost of alterations
14. Insulating lavatory pipes under sinks to pre- to path of travel elements required to comply with
vent burns. Section 11B-202.4.
15. Installing a raised toilet seat. In choosing which accessible elements to provide,
16. Installing a full-length bathroom mirror, priority should be given to those elements that will
17 Repositioning the paper towel dispenser in a provide the greatest access in the following order:
bathroom. 1. An accessible entrance;
18. Creating designated accessible parking 2• An accessible route to the altered area;
spaces. 3, At least one accessible restroom for each sex;
19. Removing high-pile, low-density carpeting. 4. Accessible telephones;
5. Alterations of existing parking lots by resurfacing 5. Accessible drinking fountains; and
andlor restriping shall be limited to the actual scope 6. When possible, additional accessible elements
of work of the project and shall not be required to
comply with Section 11 B-202.4, such as parking, storage and alarms.
If an area has been altered without providing an
6. The addition or replacement of signs and/or identifi- accessible path of travel to that area, and sub.se-
cation devices shall be limited to the actual scope of quent alterations of that area or a different area on
work of the project and shall not be required to com- the same path of travel are undertaken within three
ply with Section IIB-202.4. years of the original alteration, the total cost of
7. Projects consisting only of heating, ventilation, air alterations to the areas on that path of travel during
conditioning, reroofing, electrical work not involy- the preceding three-year period shall be considered
ing placement of switches and receptacles, cosmetic in determining whether the cost of making that path
work that does not affect items regulated by this of travel accessible is disproportionate.
20
2013 CALIFORNIA BUILDING CODE 519
i
ACCESSIBILITY TO PUBLIC BUILDINGS,PUBLIC ACCOMMODATIONS,COMMERCIAL BUILDINGS AND PUBLIC HOUSING,
9. Certain types of privately funded, multistory build- towers or life guard stands shall not be required to comply
ings and facilities were formerly exempt from acres- with these requirements or to be on an accessible route.
j sibility requirements above and below the first floor IIB-203.4 Limited access spaces. Spaces not customarily
under this code, but as of April 1, 1994 are no lon- occupied and accessed only by ladders, catwalks, crawl
ger exempt due to more restrictive provisions in the
spaces or very narrow passageways shaII not be required to
federal Americans with Disabilities Act. In altera-
tion projects involving buildings and facilities previ-
comply with these requirements or to be on an accessible
Eously approved and built without elevators, areas route.
above and below the ground floor are subject to the .IIB-203.5 Machinery spaces. Spaces frequented only by
20-percent disproportionately provisions described service personnel for maintenance,repair or occasional moni-
in Exception 8, above, even if the value of the proj- toning of equipment shall not be required to comply with
ect exceeds the valuation threshold in Exception 8. these requirements or to be on an accessible route.Machinery
i The types of buildings and facilities are: spaces include,but are not limited to,elevator pits or elevator
' 1. Office buildings and passenger vehicle service penthouses; mechanical, electrical or communications equip-
stations of three stories or more and 3,000 or meat rooms; piping or equipment catwalks; water or sewage
more square feet(279 mZ)per floor. treatment Pump rooms and stations; electric substations and
transformer vaults;and highway and tunnel utility facilities.
2. Offices of physicians and surgeons. 11B-203.6 Single occupant structures. Single occupant
3. Shopping centers. structures accessed only by passageways below grade or ele-
4. Other buildings and facilities three stories or vated above standard curb height, including but not limited
more and 3,000 or more square feet(279 m') to,toll booths that are accessed only by underground tunnels,
per floor if a reasonable portion of services shall not be required to comply with these requirements or to
sought and used by the public is available on be on an accessible route.
the accessible level. IIB-203.7 Detention and correctional facilities. In deten-
For the general privately funded multistory build- tion and correctional facilities, common use areas that are
ing exception applicable to new construction and used only by inmates or detainees and security personnel and
alterations, see Section IIB-206.2.3, Exception 1, that do not serve holding cells or housing cells required to
comply with Section IIB-232, shall not be required to com-
not obviate or limit in any way the obligation to The elevator exception set forth in this section does Ply with these requirements or to be on an accessible route.
comply with the other accessibility requirements in IIB-203.8 Residential facilities. In public housing residen-
this code. For example, floors above or below the tial facilities, common use areas that do not serve residential
accessible ground floor must meet the requirements dwelling units required to provide mobility features comply-
of this section except,for elevator service. If toilet or ing with Sections IIB-809.2 through IIB-809.4 and adapt-
bathing facilities are provided on a level not served able features complying with Chapter IIA, Division IV shall
by an elevator, then toilet or bathing facilities must not be required to comply with these requirements or to be on
be provided on the accessible ground floor, an accessible route.
IIB-202.5 .Alterations to qualified historic buildings and .IIB-203.9 Employee work areas. Spaces and elements
facilities. Alterations to a qualified historic building or facil- within employee work areas shall only be required to comply
ity shall comply with the State Historical Building Code, Part with Sections IIB-206.2.8, IIB-207.1, and IIB-215.3 and
8, Title 24, of the California Code of Regulations. shall be designed and constructed so that individuals with dis-
Exception:Reserved.
abilities can approach, enter, and exit the employee work
area.
11B-203 General exceptions IIB-203.10 Raised refereeing,judging and scoring areas.
.IIB-203.1. General. Sites, buildings, facilities, and elements Raised structures used solely for refereeing,judging or scor-
are exempt from these requirements to the extent specified by ing a sport shall not be required to comply with these require-
_1 IB-203. ments or to be on an accessible route. An accessible route
IIB-203.2 Construction sites. Structures and sites directly complying with Division 4 shall be provided to the ground-or
associated with the actual processes of construction, includ- floor-level entry points, where provided, of stairs, ladders, or
ing but not limited to,scaffolding, bridging,materials hoists, other means of reaching the raised elements or areas.
materials storage and construction trailers shall not be I1B-203.11 'Vater slides. Water slides shall not be required
required to comply with these requirements or to be on an to comply with these requirements or to be on an accessible
accessible route, Portable toilet units provided for use exclu- route.An accessible route complying with Division 4 shall be
sively by construction personnel on a construction site shall provided to the ground- or floor-level entry points, where
not be required to comply with Section IIB-213 or to be on provided, of stairs, ladders or other means of reaching the
an accessible route, raised elements or areas.
IIB-203.3 Raised areas.Areas raised primarily for purposes IIB-203.12 Animal containment areas. Animal contain-
of security,life safety,or fire safety,including but not Iimited ment areas that are not for public use shall not be required to
to, observation or lookout galleries,prison guard towers, fire comply with these requirements or to be on an acre
520 2013 CALIFORNIA BUILDING CODE