Loading...
HomeMy WebLinkAbout1779 - Flood Damage PreventionORDINANCE NO. 1779 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.50 ENTITLED "FLOOD DAMAGE PREVENTION" TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.50 is added to the Newport Beach Municipal Code to read: Sections: 15.50.010 15.50.020 15.50.030 • 15.50.040 15.50.050 15.50.060 15.50.070 15.50.080 15.50.090 15.50.100 15.50.110 15.50.120 15.50.130 15.50.140 15.50.150 15.50.160 15.50.170 15.50.180 15.50.190 15.50.200 15.50.210 15.50.220 15.50.230 15.50.240 15.50.250 15.50.260 15.50.270 15.50.280 • 15.50.290 15.50.300 "CHAPTER 15.50. FLOOD DAMAGE PREVENTION Findings Statement of Purpose Methods of Reducing Flood Losses Definitions Lands to Which This Ordinance Applies Basis for Establishing the Areas of Special Flood Hazard Compliance Abrogation and Greater Restrictions Interpretation Warning and Disclaimer of Liability Establishment of Development Permit Designation of the City Manager Duties and Responsibility of the City Manager or his Designated Representative Permit Review Use of Other Base Flood Data Information to be Obtained and Maintained Alteration of Watercourses Interpretation of FIRM Boundaries Variance Procedure Conditions for Variances General Standards Utilities Subdivision Proposals Specific Standards Coastal High Hazard Area Location of Structures Construction Methods Certification Space Below the Lowest Floor Sand Dunes 15.50.010 Findings (1) The flood hazard areas of the City of Newport Beach • are subject to periodic inundation which results in property loss, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection may 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. 15.50.020 Statement of Purpose It is the purpose of this ordinance to promote the public health, safety, and general • welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: • (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 -2- .r • • • (0) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 15.50.030 Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance includes methods and provisions for: (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 in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, 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. 15.50.040 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be inter- preted so as to give this ordinance its most reasonable application. "Appeal" means a request for a review of the City Manager's interpretation of any provision of this ordinance or A request for a variance. "Area of shallow flooding" means a designated AO 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" means the•land in-the flood plain within a community subject to a one percent or greater chance -3- • • of flooding in any given year: "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Breakaway walls" mean any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without 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, tidal surge or hurricane wave wash. "Costal high hazard area" means the area subject to high velocity waters, including but not limited to, hurricane wave wash or tsunamis. The ares is designated on a FIRM as Zone V1 -30. "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 located within the area of special flood hazard. "Development Permit" - Any permit issued by the City of Newport Beach for any development as defined above. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construc- tion of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of. utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or the construction of streets). -4- "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land • areas from: (1) The overflow of inland or tidal waters and /or • (2) The unusual and rapid accumulation of runoff or surf waters from any source. "Flood Insurance Rate Map "(FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study' means the official report provided by the Federal Insurance Administration that includes flood.profiles, the Flood Insurance Rate Map and the water surface elevation of the base flood. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. "Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recrea- tional vehicles or travel trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pour- ing of concrete pads, and the construction of streets) is com- pleted on or after the effective date of this ordinance. "Sand dunes" mean naturally occurring apcumulations of sand in ridges or mounds landward of the beach'. -5- is • • "Structure" means a walled and roofed building or mobile home that is principally above ground. "Substantial improvement" means any repair, reconstruc- tion, 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 with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. 15.50.050 Lands to which this ordinance applies This ordinance shall apply to all areas of special flood hazards within jurisdiction of the City of Newport Beach. 15.50.060 Basis for establishing the areas of special flood hazard The areas of special .flood hazard identifies) by the Federal Insurance Administration in a scientific and engineer- ing report entitled "The Flood Insurance Study for the City of Newport Beach, dated March, 1978, with accompanying Flood Ipsur4nce • • Rate Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at 3300 Newport Boulevard, Newport Beach, California. 15.50.070 Compliance No structure or land shall here- after be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. 15.50.080 Abrogation and greater restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent protection restrictions shall prevail. 15 50.090 Interpretation In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements;. (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. 15.50.100 Warning and disclaimer of liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Newport Beach, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. -7- 15.50.110 Establishment of Development Permit A Development Permit shall be obtained before construction or • development begins within any area of special flood hazard estab- lished in Section 15.50.060. 2Vplication for a Development Permit shall be made on forms furnished by the City Manager or his designated representative and may include, but not be limited to; plans in duplicate drawn to scale'showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the lcoation of the foregoing. Specifically, the following infor- mation is required: (1) Elevation as determined by a licensed land surveyor or registered civil engineer in relation.to mean sea level, of the lowest floor (including basement) of all structures; • (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 15.50.240(B). (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 the developer's responsibility to obtain these approvals. -8- • 0 • 15.50.120 Designation of the City Manager The City Manager or his designated representative is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. The City Manager shall designate the Community Development Director, the Public Works Director, and the Marine Director respectively to issue permits for development originating out of or under the jurisdiction of one of these respective departments. 15.50.130 Duties and responsibities of. the City Manager or his designated representative Duties of the City Manager or his designated representative shall include, but not be limited to: 15.50.140 Permit review (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits in the area of special flood hazard except in the coastal high hazard area to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this ordinance, "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. (3) 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. (4) Review plans for walls to be used to enclose space below the base flood level in accordance. with - Section 15.50.290. 15.50.150 Use of other base flood data When base flood elevation data has not been provided in accordance with Section • 15.50.060, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the City Manager or his designated representative shall obtain, revi -- and reasonably utilize any base flood elevation data available • • -9(a)- • is • 0 from a federal, state or other source, in order to administer Sections 15.50.240, SPECIFIC STANDARDS, Residential Construction, and 15.50 240(B), SPECIFIC STANDARDS, Nonresidential Construction. 15.50.160 Information to be obtained and maintained (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures. (2) For all new substantially improved floodproofed structures: (i) require verification, inspect the site, and record the actual elevation (in'relation to mean sea level), and (ii). maintain the floodproofing certifications required in Section 15.50.110(3). (3) In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (4) Maintain for public inspection all records pertaining to the provisions of this. ordinance. 15.50.170 Alteration of Watercourses (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. -10- (2) Require that maintenance is provided within • the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 15.50.180 Interpretation of FIRM Boundaries 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. 0.190. 15.50.190 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 ordinance. (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 applications, the • Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: -11- • • • (i) the danger that materials may be swept onto other lands to the injury.of others; (ii) the danger to life and property due to flood- ing 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, electrical, and water systems, and streets and bridges. (5) Generally, variances may be issued for new construc- tion 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 -12- • • I in.Section 15.50190(4) have been fully considered. As the lot size increases beyond the one -half acre, the techni- cal justification required for issuing the variance increases. (6) Upon consideration of the factors of Section 15.50.190(4) and the purposes of this ordinance, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (7) The City Manager or his designated representative shall maintain the records of all appeal actions and report any variances to the Federal Insurance Adminis- .tration upon request. 15.50.200 Conditions for variances (1) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief. (4) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased.flood . beights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on -13- or victimization of the public, or conflict with existing local laws or ordinances. • (5) 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 base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 15.50.210 General standards In all areas of special flood hazards the following standards are required: A. Anchoring (1) All new construction and substantial improve- ments shall be anchored to prevent flotation, collapse, or lateral movement of the structure. • (2) All new or relocated mobile 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 mobile home, with two additional ties per side at inter- mediate locations, with mobile homes less than 50 feet long requiring one additional' tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile • homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (iv) any additions to the mobile home be -14- • • • similarly anchored. B. Construction Materials and Methods (1) All new construction and substantial improve- ments shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improve- ments shall be constructed using methods and practices that minimize flood damage. 15.50.220 Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (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; and (3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 15.50.230 Subdivision proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and.constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less) . -15- 15.50.240 Specific standards In all areas of special flood hazards where base flood elevation data has been provided • as set forth in Section 15.50.060, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL.FLOOD HAZARD or in Section 15.50.150, Use of Other Base Flood Data, the following standards are required: 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 New construction and substantial improvement of any 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: (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 water tight flood proof 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 certifica- tions shall be provided to the official as set • forth in Section 15.50.160(2). Testing may be required as part of this certification. C. Mobile Homes (1) Mobile homes shall be anchored in adcordance with Section 15.50.210(A)(2). -16- • • • (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home sub- divisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that:. (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) 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 more than six feet above the ground level. (3) No mobile home shall be placed in a coastal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. 15.50.250 Coastal high hazard area Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 15.50.060. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provi- sions shall apply: -17- • • 15.50.260 Location of structures (1) All buildings or structures shall be located landward of reach of the mean high tide with the exception of piers or similar structures designed to resist tidal surges and hurricane wave wash. (2) The placement of mobile homes shall be prohibited, except in an existing mobile home park or.mobile home subdivision. 15.50.270 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 break- away walls as provided for in Section 15.50.290. (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. (iii) There shall be no fill used for structural support. 15.50.280 Certification Compliance with the provisions of Section 15.50.260 (1) and 15.50.260(2)(i) and (ii) shall be certified to by a registered professional engineer or architect. 15.50.290 Space below the lowest floor (1) Any alteration, repair, reconstruction or improve- ment to a structure started after the ,enactment of this ordinance shall not enclose the space below the lowest floor unless breakaway walls are used as provided for SIM 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. 15.50.300 Sand dunes There shall be no alteration of sand dunes which would increase potential flood.damage. SECTION 2. The City Council of the City of Newport Beach finds that the flood hazard areas of the City of Newport may Beach are subject to periodic inundation which/ result in property loss, health and safety hazards, disruption of commerce and governmental service, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. SECTION 3. The City Council finds and determines that it is necessary to adopt this Ordinance pursuant to Sections 412 and 416 of the Newport Beach City Charter as an emergency measure to preserve the public peace, health, and safety and to minimize public and private losses due to flood hazard conditions which exist in some areas of the City. It is further found that this Ordinance must be enacted and legally enforceable on or before September 1, 1978, in order for Newport Beach to maintain its eligibility in the National Flood Insurance Program. SECTION 4. This Ordinance shall be published once • in the official newspaper of the City. This Ordinance was introduced and adopted as an emergency Ordinance at a regular meeting of the City Council.of the City of -19- Newport Beach, held on the 28th day of August 1978, • by the following vote, to wit: ATTEST: City Cler CERTIFIED AS T14E CRIGINAt AND CERTIFIED AS TO PUBLICATION DATE N_OV ._._ 8 ----- ..1978 ....... 4Clit CIEHK OF t E CITY OF N^ RT BEACH • AYES, COUNCILMEN: Part, Hummel, McInnis, Ryckoff, Strauss and Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN: Heather Mayor -20- DDO /kb 8/17/78