HomeMy WebLinkAbout88-8 - Amending Chapter 15.50 of the Newport Beach Municipal Code Pertaining to Flood Damage PreventionORDINANCE NO. 887 8
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 TBE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
OFLOOD DAMAGE PREVENTION ORDINANCE
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 follows:
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 the cumulative effect of
obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are
inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
15.50.030 STATEMENT OF PURPOSE. It is the purpose of this
chapter to promote the public health, safety and general welfare,
6 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 and 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
second use and development of areas of special flood hazard
so as to minimize future flood blight areas;
(7) To insure that potential buyers are notified that property
is in an area of special flood hazard; and
(8) To insure that those who occupy the areas of special flood
Ohazard assume responsibility for their actions.
15.50.040 METHODS OF REDUCING FLOOD LOSSES. In order to
accomplish its purposes, this ordinance includes methods and
provisions for:
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(1) Restricting or _prohibiting uses which are dangerous to
health, safety, and property due to water or erosion
hazards, or which result in damaging increases in erosion or
flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
O (3) Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
(5) Preventing or regulating 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 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.
"Anneal" means a request for a review of the City Manager's
interpretation of any provision of this chapter or a request for
a variance.
"Area of shallow flooding" means a designated AO, AH or VO 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.
"Area of special flood hazard" - See "Special flood hazard area ".
"Base flood" means the flood having a one percent chance of being
O equalled or exceeded in any given year (also called the 11100 -year
flood ").
"Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
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"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.
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"Coastal high hazard area" is the area subject to high velocity
waters, including coastal and tidal inundation or tsunamis. The
area is designated on a Flood Insurance Rate Map (FIRM) as Zone
V1 -V30, 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.
O "Development Permit" means any permit issued by the City of
Newport Beach for any development as defined above.
"Flood or flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from
(1) the overflow of flood waters, (2) the unusual and rapid
accumulation or runoff of surface waters from any source, and /or
(3) the collapse or subsidence of land along the shore or a lake
or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water
level in a natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in this
definition.
"Flood Boundary and Floodwav Map" means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of flood hazard and
the floodway.
"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
OFederal Insurance Administration that includes flood profiles,
the FIRM, 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 definition of
"flooding ").
"Floodplain management" means the operation of an overall program
of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood
control works and floodplain management regulations.
"Floodplain management regulations" means zoning ordinances,
subdivision regulations, building codes, health regulations,
special purpose ordinances (such as floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications
of police power. The term describes such state or local
regulations in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
"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.
O " Floodwav" 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".
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"Functionally dependent use" means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair
facilities, but does not include long -term storage or related
manufacturing facilities.
"Hivhest adiacent grade" means the highest natural elevation of
O the ground surface prior to construction next to the proposed
walls of a structure.
"Lowest floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not
considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation
of the applicable non - elevation design requirements of this
ordinance.
"Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park
trailers, travel trailers and other similar vehicles placed on a
site for greater than 180 consecutive days.
"Manufactured home park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for sale or rent.
"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.
O "New construction" means, for floodplain management purposes,
structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation
adopted by this community.
"One hundred year flood" or "100 -year flood" means a flood which
has a one percent annual probability of being equalled or
exceeded. It is identical to the "base flood ", which will be the
term used throughout this ordinance.
"Person" means an individual or his agent, firm, partnership,
association or corporation, or agent of the aforementioned
groups, or this state or its agencies or political subdivisions.
"Remedy a violation" means to bring the structure or other
development into compliance with State or local floodplain
management regulations, or, if this is not possible, to reduce
the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar
violations, or reducing Federal financial exposure with regard to
the structure or other development.
"Riverine" means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
O "Sand dunes" mean naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
"Special flood hazard area (SFHA1" mans an area having special
flood or flood - related erosion hazards, and shown on an FHBM or
FIRM as Zone A, A0, Al -30, AE, A99, AH, V0, V1 -30, VE or V.
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"Start of Construction" includes substantial improvement, and
means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, placement,
or other improvement was within 180 days of the permit date. The
actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent
O 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.
"Structure„ means a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as a manufactured home.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged, and is being
restored, before the damage occurred.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply
O with existing state or local health, sanitary, or
safety code specifications which are solely necessary
to assure safe living conditions; or
(2) any alterations of a structure listed on the National
Register or Historic Places or a State Inventory of
Historic Places.
"Variance" means a grant or relief from the requirements of this
ordinance which permits construction in a manner that would
otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development
to be fully compliant with the community's floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in this ordinance is presumed to be in
violation until such time as that documentation is provided.
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 Emergency Management Agency or the Federal Insurance
Administration in a scientific and engineering report entitled
O "Flood Insurance Study for the City of Newport Beach, dated
March, 1978, with an accompanying flood Insurance Rate Map is
hereby adopted by reference and declared to be a part of this
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chapter. This Flood Insurance Study is on file at 3300 Newport
Boulevard, Newport Beach, California (92658- 8915). 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 ordinance and which are recommended
to the City Council by the Floodplain Administrator.
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 (Ord. 1779 * 1 (part), 1978). 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.
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
O reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man -made or
natural causes. This chapter does not imply that land outside
the areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the City of Newport
Beach, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made
thereunder.
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
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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 structures; in Zone
AO or VO, elevation of highest adjacent grade and
proposed elevation of lowest floor of all structures.
O (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
(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 CITY MANAGER. The City Manager or
his designated representative is hereby appointed to administer
and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
15.50.150 DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER OR
HIS DESIGNATED REPRESENTATIVE. Duties of the City Manager or his
O designated representative shall include, but not be limited to,
the duties set forth in Sections 15.50.160 through 15.50.200.
15.50.160 PERMIT REVIEW. The City Manager 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 in the area of special flood
hazard except in the coastal high hazard areas to determine
if the proposed development adversely affects the flood
carrying capacity of the area of special flood hazard. For
the purposes of this chapter, "adversely affects" means that
the cumulative effect of the proposed development will not
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 plans for walls to be used to enclose space below the
base flood level in accordance with Section 15.50.310.
O(6) Review all development permits to determine whether proposed
building sites will be reasonably safe from flooding.
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15.50.170 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 City Manager 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 15.50.260(A), Specific Standards, Residential
Construction, and 15.50.260(B), Specific Standards,
Nonresidential Construction.
O 15.50.180 INFORMATION TO BE OBTAINED AND MAINTAINED. The City
Manager shall obtain and maintain for public inspection and make
available as needed:
(1) the certification required in Section 15.50.300
(floor elevations);
(2) the certification required in Section 15.50.260(B)(3)
(elevation or floodproofing of nonresidential
structures);
(3) the certified elevation required in Section
15.50.250(2) (subdivision standards);
(4) the certification required in Section 15.50.330(A)
(floodway encroachments).
15.50.190 ALTERATION OF WATERCOURSES. The City Manager 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.
(2) Require that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood carrying capacity is not diminished.
O15.50.200 INTERPRETATION OF (FIRM) BOUNDARIES. The City Manager
shall make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Section 15.50.210.
15.50.210 VARIANCE PROCEDURE.
(1) The Planning Commission as established by City Council shall
hear and decide appeals and requests for variances from the
requirements of this chapter.
(2) 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 City Manager or his
designated representative in the enforcement or
administration of this ordinance.
(3) Those aggrieved by the decision of the Planning Commission,
or any taxpayer, may appeal such decision to the City
Council as provided in Title 20 of the Newport Beach
Municipal Code.
(4) In passing upon such
O shall consider all
factors, standards
chapter, and:
applications, the Planning Commission
technical evaluations, all relevant
specified in other sections of this
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(i) the danger that materials may be swept onto other lands
to the injury of others;
the danger to life and property due to flooding or
erosion damage;
(iii) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(iv) the importance of the services provided by the proposed
facility to the community;
(v) the necessity to the facility of a waterfront location,
where applicable;
(vi)
the availability of alternative locations, for
the
proposed use which are
not subject to flooding
or
erosion damage;
(vii)
the compatibility of the
proposed use with existing
and
anticipated development;
(viii)
the relationship of
the proposed use to
the
comprehensive plan and
flood plain management program
of that area;
(ix) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(x) 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
(xi) 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.
(5) 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 items (i -xi) in Section 15.50.210(4) have
been fully considered. As lot size increases beyond one -
half acre, the technical justification required for issuing
the variance increases.
(6) Upon consideration of the factors of Section 15.50.210(4)
and the purposes of this chapter, the Planning Commission
may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this chapter.
(7) The City Manager or his designated representative shall
maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon
request.
15.50.220 CONDITIONS FOR
(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.
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(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:
O(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 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
O Orange County Recorder and shall be recorded in a manner so
that it appears in chain of title of the affected parcel of
land.
15.50.230 GENERAL STANDARDS. In all areas of special flood
hazards the following standards are required:
A. Anchoring
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of
buoyancy.
(2) All new or relocated manufactured homes shall be
anchored to resist flotation, collapse, or lateral
movement by providing over - the -top and frame ties to
ground anchors. Specific requirements shall be that:
(i) over - the -top ties be provided at each of the
four corners of the manufactured home, with
two additional ties per side at intermediate
locations, with manufactured homes less than
50 feet long requiring one additional tie per
side;
frame ties be provided at each corner of the
home with five additional ties per side at
intermediate points, with manufactured homes
less than 50 feet long requiring four
additional ties per side;
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all components of the anchoring system be
capable of carrying a force of 4,800 pounds;
(iv) any additions to the mobile home be similarly
anchored; and
(v) the structure be elevated so that the lowest
floor is at or above the base flood
elevation.
B. Construction Materials and Methods
(1) All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that
minimize flood damage and of materials resistant to
flood damage.
(3) Within Zones AH, A0, or VO, adequate drainage paths
around structures shall be required on slopes to guide
flood waters around and away from proposed structures.
15.50.240
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.
(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.
15.50.250
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 pads. If the site is filled above
the base flood, the final pad elevation shall be certified
by a registered professional engineer or surveyor and
provided to the Floodplain Administrator.
(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.
15.50.260 SPECIFIC STANDARDS. In all areas of special flood
hazards where base flood elevation data has been provided as set
O forth in Section 15.50.070, Basis for Establishing the Areas of
Special Flood Hazard or in Section 15.50.170, Use of Other Base
Flood Data, the following standards are required:
Doc
A. Residential Construction.
New construction and substantial improvement of any
residential structure shall have the lowest floor,_ including
basement, elevated to or above the base flood elevation.
B. Non - residential Construction.
(1) be floodproofed so that below the base flood level the
structure is watertight with walls substantially
impermeable to the passage of water or provided with a
watertight floodproof barrier outside the building
perimeter.
(2) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(3) be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certifications shall be provided to
the official as set forth in Section 15.50.180.
Testing may be required as part of this certification.
C. Manufactured homes.
(1) Manufactured homes shall be anchored in accordance with
Section 15.50.230(A)(2).
(2) Within Zones Al -30, AH, and AE, for new manufactured
home parks and manufactured home subdivisions; for
O expansions to existing manufactured home parks and
manufactured home subdivisions; for existing
manufactured home parks and manufactured home
subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads equal or
exceed 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or
improvement has commenced; and for manufactured homes
not placed in a manufactured home park or manufactured
home subdivision, require that:
(i)
New construction and
substantial
improvement of any
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commercial, industrial or other non - residential structure
shall either have the lowest floor, including basement,
elevated to the level
of the base
flood elevation; or
together with attendant
utility and
sanitary facilities,
shall:
hauler are provided; and
(1) be floodproofed so that below the base flood level the
structure is watertight with walls substantially
impermeable to the passage of water or provided with a
watertight floodproof barrier outside the building
perimeter.
(2) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(3) be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certifications shall be provided to
the official as set forth in Section 15.50.180.
Testing may be required as part of this certification.
C. Manufactured homes.
(1) Manufactured homes shall be anchored in accordance with
Section 15.50.230(A)(2).
(2) Within Zones Al -30, AH, and AE, for new manufactured
home parks and manufactured home subdivisions; for
O expansions to existing manufactured home parks and
manufactured home subdivisions; for existing
manufactured home parks and manufactured home
subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads equal or
exceed 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or
improvement has commenced; and for manufactured homes
not placed in a manufactured home park or manufactured
home subdivision, require that:
(i)
all manufactured homes be elevated on a
permanent foundation such that the lowest
floor of the manufactured home is at or above
the base flood elevation and be securely
anchored to an adequately anchored foundation
system in accordance with the provisions of
Section 15.50.230(A)(2).
adequate surface drainage and access for a
hauler are provided; and
in the instance of elevation on pilings,
that:
- lots are large enough to permit steps,
- piling foundations are placed in stable
soil no more than ten feet apart; and
- reinforcement is provided for pilings
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more than six feet above ground level.
caw=
(3) No manufactured home shall be placed in a coastal high
hazard area, except in an existing manufactured home park or
an existing manufactured home subdivision.
(2) The placement of mobile homes shall be prohibited, except in
an existing mobile home park or mobile home subdivision.
15.50.290 CONSTRUCTION METHODS.
(1) Elevation. All buildings or structures shall be elevated so
that the lowest supporting member is located no lower than
the base flood elevation level, with all space below the
lowest supporting member open so as not to impede the flow
of water, except for breakaway walls as provided for in
Section 15.50.310.
15.50.270 COASTAL HIGH HAZARD AREA.
Coastal high
hazard areas
(i)
(V Zones) are located within the
areas of special
flood hazard
established in Section 15.50.070.
These areas have special flood
hazards associated with high velocity waters from
tidal surges
support shall
and hurricane wave wash; therefore, the provisions
set forth in
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Sections 15.50.280 through 15.50.320
15.50.280 LOCATION OF STRUCTURES.
shall apply.
applied loads of the base flood flow.
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(iii)
There shall be no fill used for
(1) All buildings or structures
shall be located
landward of
support.
reach of the mean high tide
with the exception
of piers or
provisions of
similar structures designed
to resist tidal
surges and
hurricane wave wash.
by a registered professional engineer or
architect.
(2) The placement of mobile homes shall be prohibited, except in
an existing mobile home park or mobile home subdivision.
15.50.290 CONSTRUCTION METHODS.
(1) Elevation. All buildings or structures shall be elevated so
that the lowest supporting member is located no lower than
the base flood elevation level, with all space below the
lowest supporting member open so as not to impede the flow
of water, except for breakaway walls as provided for in
Section 15.50.310.
15.50.310 SPACE BELOW THE LOWEST FLOOR.
(1) Any alteration, repair, reconstruction or improvement to a
structure started after the enactment of the ordinance
codified in this chapter shall not enclose the space below
the lowest floor unless breakaway walls are used as provided
in this section.
(2) Breakaway walls shall be allowed below the base flood
elevation provided they are not a part of the structural
support of the building.
(3) If breakaway walls are utilized, such enclosed space shall
not be used for human habitation.
(4) Prior to construction, plans for any structure that will
have breakaway walls must be submitted to the City Manager
or his designated representative for approval.
O 15.50.320 SAND DUNES. There shall be no alteration of sand
dunes which would increase potential flood damage.
15.50.330 FLOODWAYS. Located within areas of special flood
hazard established in Section 15.50.070 are areas designated as
floodways. Since the floodway is an extremely hazardous area due
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(2) Structural Support.
(i)
All buildings or structures shall
be securely
anchored on pilings or columns.
(ii)
Pilings or columns used as structural
support shall
be designed and anchored so as to
withstand all
applied loads of the base flood flow.
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(iii)
There shall be no fill used for
structural
support.
15.50.300
CERTIFICATION. Compliance with the
provisions of
Section 15.50.290(1) and 15.50.290(2)(i) and (ii)
shall be
certified
by a registered professional engineer or
architect.
15.50.310 SPACE BELOW THE LOWEST FLOOR.
(1) Any alteration, repair, reconstruction or improvement to a
structure started after the enactment of the ordinance
codified in this chapter shall not enclose the space below
the lowest floor unless breakaway walls are used as provided
in this section.
(2) Breakaway walls shall be allowed below the base flood
elevation provided they are not a part of the structural
support of the building.
(3) If breakaway walls are utilized, such enclosed space shall
not be used for human habitation.
(4) Prior to construction, plans for any structure that will
have breakaway walls must be submitted to the City Manager
or his designated representative for approval.
O 15.50.320 SAND DUNES. There shall be no alteration of sand
dunes which would increase potential flood damage.
15.50.330 FLOODWAYS. Located within areas of special flood
hazard established in Section 15.50.070 are areas designated as
floodways. Since the floodway is an extremely hazardous area due
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to the velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions
apply.
(A) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall
not result in any increase in flood levels during the
O occurrence of the base flood discharge.
(B) If Section 15.50.260(A) is satisfied, all new construction
and substantial improvements shall comply with all other
applicable flood hazard reduction provisions of Sections
15.50.230 through 15.50.320.
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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 within
fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of
the
City
Council of
the City of Newport Beach
held on
the
14th
day
of
March
, 1988, and adopted
on the
28th
day
of March
, 1988, by the following vote, to -wit:
ATTES :
G' • 1.J
CI Y CLERK
AYES, COUNCILMEMBERS Cox, Hart,
Maurer, Sansone, Strauss, Turner
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS Plummer
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