HomeMy WebLinkAbout06-20 - Floodplain and Floodway DistrictsORDINANCE NO. 06-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA ADOPTING ZONING CODE
AMENDMENT CO -06-06 WHICH AMENDS TITLE 13, CHAPTER V,
ARTICLE 10, OF THE COSTA MESA MUNICIPAL CODE
REGARDING FLOODPLAIN AND FLOODWAY DISTRICTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY ORDAINS AS
FOLLOWS:
Section 1. Title 13, Chapter V, Article 10, Floodplain and Floodway Districts, of the
Costa Mesa Municipal Code is hereby amended to read as follows:
a. Amend Section 13-78 as follows:
"Sec. 13-78. DEFINITIONS
The following words and phrases shall have the definition and construction set
forth in this section as used in this article, unless otherwise provided:
Area of shallow flooding. A designated AH or AO zone on the flood insurance
rate map (FIRM) in which:
(a) The base flood depths range from one to 3 feet; and
(b) A clearly defined channel does not exist; and
(c) The path of flooding is unpredictable and indeterminate; and
(d) Velocity flow may be evident.
Area of special flood hazard. The land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year.
Base flood. The flood having a one percent chance of being equaled or
exceeded in any given year.
Design flood. That flood against which protection is to be provided by means of
land use regulation, flood protective or flood control works. For the purposes of
this article, the design flood shall be at the 100 -year recurrence interval,
corresponding to the base flood as defined above.
Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, grading or paving
located within the flood hazard area.
Flood. A general and temporary condition of partial or complete inundation of
land areas from the overflow of inland and tidal waters, and the rapid
accumulation of runoff of surface waters from any source and mudslides (i.e.,
mudflows) which are proximately caused or precipitated by accumulations of
water on or under the ground.
Flood hazard area. An area having flood, mud -slide (i.e., mudflow) and flood -
related erosion hazards, or as shown on a sectional district map, flood
insurance rate map (FIRM) or flood boundary and floodway map.
Flood insurance rate map (FIRM) and flood boundary and floodwav map. The
official maps published by the Federal Insurance Administration (dated August
9, 2002, and any subsequent amendments or revisions thereof) on which are
delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
Flood insurance study. The "Flood Insurance Study for the City of Costa Mesa,
California, Orange County' (preliminary study dated August 9, 2002, and any
subsequent revisions or updates thereof) prepared by the Federal Insurance
Administration providing flood profiles, as well as the boundaries and the water
surface elevations of the base flood, including the flood boundary and flood -way
map.
Floodplain. The land area adjacent to a watercourse, and other land areas
susceptible to being inundated by water from any source (see definition of
"flood").
Floodplain Administrator. The Development Services Director, or his
designee, is appointed to administer and enforce the floodplain management
regulations.
Flood proofing. 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, and structures
and their contents.
Flood protection system. Those physical structural works for which funds have
been authorized, appropriated and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the area within a
community subject to a flood hazard and the extent of the depth of associated
flooding. Such a system typically included channels, storm drains or levees or
dikes. These specialized flood modifying works are those constructed in
conformance with sound engineering standards.
Flood related erosion. The collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or undermining, caused by
waves or currents of water exceeding anticipated cyclical levels or suddenly
caused 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
a flash flood or by an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding.
Floodway. The channel of a river or other watercourse and 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.
Floodwav fringe. The area of the Floodplain on either side of the "floodway"
where encroachment may be permitted.
Lowest floor. 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 the enclosure is not built
so as to render the structure in violation of the applicable non -elevation design
requirements of this article.
Land use district symbol. The applicable designation for the zoning of property,
contained in this title.
Manufactured home. Any structure that is transportable in one or more
sections, built on a permanent chassis, and designated to be used with or
without a permanent foundation when connected to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
Manufactured home park or subdivision. Any lot (or abutting lots) of land
divided into 2 or more manufactured home lots for rent or sale.
Structure. Anything constructed or erected requiring a fixed location on the
ground or attached to something having a fixed location on the ground except
business signs and other improvements of a minor character. For floodplain
management purposes, "structure" means a walled and roofed building,
including a gas or liquid storage tank that is principally above ground, and
includes a manufactured home.
Substantial improvement. Any repair, reconstruction or improvement of a
structure, the cost of which equals to or exceeds 50 percent of the appraised
value or which involves 50% or more of the existing square footage of the
structure either (a) before the improvement or repair is started, or (b) 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.
Start of construction. 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 construction does not include
the following:
(a) Land preparation, such as clearing, grading and filling;
(b) Installation of streets and/or walkways;
(c) Excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor
(d) Installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure."
b. Amend Section 13-79 as follows:
"(a) In any base flood district, when the property is included within a
designated flood hazard area shown on the adopted Orange County
(countywide) Flood Insurance Rate Map (FIRM) dated August 9, 2002,
or a subsequent FIRM, of flood boundary and floodway maps as
published by the Federal Emergency Management Agency (FEMA), the
additional requirements, limitations and standards contained in this
article and by FEMA shall apply.
(b) Flood hazard areas shall be identified and mapped, based upon
(1) The base flood and criteria set forth by the "Flood Insurance
Study for the City of Costa Mesa, California, Orange County"
(preliminary study dated August 9, 2002, and any subsequent
amendments or revisions thereof). If FEMA has not provided
base flood elevations in the study, such base flood data shall be
obtained from other available sources or studies meeting with
City approval; or,
(2) The design flood as determined from engineering studies
reviewed and found satisfactory by the City as approved by the
City Council.
(c) The following documents are hereby adopted for the application of
floodway area regulations only: (1) all the standards of Paragraph
60.3(b) of the National Flood Insurance Program, (2) The Orange County
(countywide) FIRM and flood boundary and floodway maps as zoning
district maps (dated August 9, 2002, and any subsequent amendments
or revisions thereof), and (3) Flood Insurance Study for the City of Costa
Mesa (dated August 9, 2002, and any subsequent revisions or updates
thereof)."
C. Amend title of Section 13-80 as follows:
"Sec. 13-80. USES PERMITTED IN THE FLOODWAY AREAS."
d. Amend Section 13-80(a) as follows:
"(a) The following uses shall be allowed in the floodway areas:
(1) Flood control channels, levees, spreading basins and grounds,
roads, bridges, storm drains and other flood control facilities and
devices where the design has been approved by the Director of
the Environmental Management Agency and the Board of
Supervisors of Orange County or the Public Services Director and
the City Council.
(2) General agricultural uses including farming or pastures provided
there are no permanent structures, landfill, storage of materials or
equipment or stream alterations that would result in any diversion
or increase in flood levels within the designated floodway.
(3) Public utility transmission lines and conduits.
(4) Recreation areas, parks, fishing lakes, riding and hiking trails,
golf courses, athletic fields and similar open space uses not
including any permanent structures or improvements."
e. Amend Section 13-80(b) as follows:
"(b) The following uses are prohibited in the floodway areas:
(1) Any permanent structures or buildings excepting those necessary
for conveyance of flood and drainage waters and for transit of
public utilities and roads.
(2) Dwelling units.
(3) Landfills, excavations, improvements, developments or
encroachments that would obstruct or create debris -catching
obstacles to passage of a design flood, or cause a cumulative
increase in the elevation of the design flood -water profile at any
point, or would tend to broaden the floodplain or divert flood
flows out of the regulatory floodway or in any way impair the
design flood conveyance capacity of the regulatory floodway or
cause a potential hazard to public safety or property resulting
from flood flows.
(4) Storage or disposal of floatable substances or materials,
dangerous chemicals, explosives, flammable liquids or other toxic
materials."
Amend title of Section 13-81 as follows:
"Sec. 13-81. USES PERMITTED IN THE DESIGNATED FLOODWAY
FRINGE AND SPECIAL FLOOD HAZARD AREAS INDICATED ON THE
FLOOD INSURANCE RATE MAP."
g. Amend Section 13-81(a) as follows:
"(a) Permitted uses.
(1) All permitted uses in the floodway areas.
(2) New structures and improvements, including the placement of
buildings within the floodway fringe or special flood hazard areas
developed in conformance with the provisions of Section 13-82(d)
PROCEDURES AND DEVELOPMENT STANDARDS through 13-
82(f), inclusive."
h. Amend Section 13-82(a) through Section 13-82(d) as follows:
"Sec. 18.82. PROCEDURES AND DEVELOPMENT STANDARDS FOR
FLOODWAY AREAS
(a) Review procedures. Pursuant to FEMA's National Flood Insurance
Program regulations, the Floodplain Administrator shall review projects
proposed in areas subject to the floodway areas district regulations to
determine compliance with the provisions of this article. Specific
responsibilities shall include, but not be limited to:
(1) Require permits for all proposed development within Zone A on the
City's FIRM;
(2) Review proposed development to assure that all necessary
permits have been received from those governmental agencies
from which approval is required by Federal or State law, including
Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334;
(3) Review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed
building site is in a flood -prone area, all new construction and
substantial improvements shall (a) be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, (b) be
constructed with materials resistant to flood damage, (c) be
constructed by methods and practices that minimize flood
damages, and (d) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components
during conditions of flooding;
(4) Review subdivision proposals and other proposed new
development to determine whether such proposals will be
reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood -prone area, any such
proposals shall be reviewed to assure that (a) all such proposals
are consistent with the need to minimize flood damage within the
flood -prone area, (b) all public utilities and facilities, such as sewer,
gas, electrical, and water systems are located and constructed to
minimize or eliminate flood damage, and (c) adequate drainage is
provided to reduce exposure to flood hazards;
(5) Require within flood -prone areas new and replacement water
supply systems to be designed to minimize or eliminate infiltration
of flood waters into the systems;
(6) Require that all new subdivision proposals and other proposed new
developments (including proposals for subdivisions greater than 50
lots or 5 acres whichever is the lesser), include within such
proposals base flood elevation data.
(b) Submittal requirements. All development, subdivision, structure and
substantial improvement proposals shall include submittal of detailed
drainage studies and plans drawn to scale showing the nature, location,
dimensions and elevation of the area in question, and all existing or
proposed structures, fill, storage of materials, drainage facilities and
their locations. Specifically, the following information is required:
(1) Proposed elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures; in Zone AO and Zone
AH, elevation of existing and proposed elevation of lowest floor of
all structures.
(2) Proposed elevation in relation to mean sea level to which any
structure will be floodproofed.
(3) Certification by a registered professional engineer or architect that
the floodproofing methods for any nonresidential structure meet the
floodproofing criteria contained in this article.
(4) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development. The plans, floor
height information, and certifications shall be maintained on file by
the Development Services Department for flood insurance
reference purposes.
(c) Alteration or relocation of watercourse. The Floodplain
Administrator shall notify adjacent communities and the State
Department of Water Resources prior to approval of any project which
would alter or relocate a watercourse having an effect on the flood
hazard areas shown on the flood insurance rate maps and submit
evidence of such notification to the appropriate Federal agency. Any
approval action for such project shall require that maintenance is
provided within the altered or relocated portion of a watercourse so that
the flood -carrying capacity of the watercourse is not diminished.
(d) Standards of construction. In all areas of special flood hazards, the
following standards are required:
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the
structure.
(2) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage using methods and practices that minimize flood damage.
(3) New construction and substantial improvement of any structure
shall have the lowest floor, including basement, elevated to or
above the base flood elevation. Nonresidential structures may
meet the standards in subsection (d)(5). Upon completion of the
structure, the elevation of the lowest floor including basement shall
be certified by a registered professional engineer or surveyor and
provided to the Development Services Department.
(4) New construction and substantial improvement of any structure in
Zone AO and Zone AH shall have the lowest floor, including
basement, elevated to or above the depth number specified on
the FIRM. If there is no depth number on the FIRM, the lowest
floor, including basement, shall be elevated at least 2 feet above
the highest adjacent grade. Nonresidential structures may meet
the standards in subsection (d)(5). Upon completion of the
structure, a registered professional engineer shall certify that the
elevation of the structure meets this standard and such
certification shall be provided to the Development Services
Department.
(5) Nonresidential construction shall either be elevated in conformance
with subsections (d)(3) or (d)(4) or, together with attendant utility
and sanitary facilities:
a. Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to
the passage of flood water.
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects on buoyancy; and
C. Be certified by a registered professional engineer or architect
that the standards of this subsection are satisfied. The
certifications shall be provided to the Development Services
Department.
(6) For all new construction and substantial improvements, fully
enclosed areas below the lowest floor that are usable solely for
parking of vehicles, building access or storage in an area other
than a basement 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 floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or
exceed the following minimum criteria:
a. A minimum of 2 openings having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot
above grade.
c. Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
d. Within Zones AH and AO, adequate drainage paths around
structures on slopes to guide floodwaters around and away
from proposed structures are required."
Amend Section 13-82(g)(4) as follows:
"(4) No manufactured home shall be placed in a floodway area.
Amend Section 13-82(h)(1) as follows:
"(h) Findings.
(1) Application for a permit may be denied where the Floodplain
Administrator is unable to find that:
a. The development will not produce a significant risk to human
life in the event of the design flood;
b. The development is designed and sited so as to offer minimal
obstruction to the flow of floodwater; and
c. The development will not create a potential hazard or
otherwise adversely affect property because of diversions,
increased heights or velocities of floodwaters or because of
increased debris or otherwise adversely affect the safety,
use or stability of any public way, drainage channel or
adjacent property during a flood condition.
k. Amend Section 13-83 as follows:
"Sec. 18-83. EXCEPTIONS TO DESIGNATE FLOOD HAZARD AREA
The Floodplain Administrator may determine that certain properties within a
floodplain district are not required to comply with the provisions of this article,
"floodplain" district, when it can be shown that any of the following
circumstances or conditions are present:
(a) The zoning map includes property within a floodway district that is
found not to be within a floodplain area due to incorrect preparation of
the zoning map or to physical alteration or surrounding property which
effectively removed the subject property from the floodplain area. The
Floodplain Administrators determination shall be based on a study of
topographic and design flood elevation contours on the subject
property, and on such additional information as is found necessary or
appropriate.
(b) Flood protective or flood control work, adequate to protect against the
design flood and in compliance with County flood control and flood
protective standards and policies, has been completed. The Directors
finding shall confirm that any stream, channel, storm drain or landfill
improvements fully offset flood surface elevations established by the
applicable floodplain map; and that if the property is included on a flood
insurance rate map or a flood boundary and floodway map, all such
flood protective or flood control work has been approved by the
appropriate Federal agency and the property removed from the
floodplain designation on such maps."
Section 2. Environmental Determination. The project has been reviewed for compliance
with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the
City's environmental procedures, and has been found to be exempt.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to affect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that anyone or more subsections, subdivisions, sentences,
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clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5: This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the NEWPORT BEACH/COSTA MESA DAILY
PILOT, a newspaper of general circulation, printed and published in the City of Costa
Mesa or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the office
of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names and member of the City Council voting for and
against the same.
PASSED AND ADOPTED THIS 19TH DAY OF SEPTEMBER, 2006
ATTEST:
JulkPFolcik, City Clerk
AI n R. Mansoor, Mayor
APPROVED AS TO FORM:
( —P -,q /..-J
Kimberly Hall Barlow, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing is the original of Ordinance No. 06-20 and was duly introduced for first
reading at a regular meeting of the City Council held on the 5"' day of September, 2006,
and that thereafter, said Ordinance was duly passed and adopted at a regular meeting
of the City Council held on the 1 e day of September, 2006, by the following roll call
vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 20"' day of September, 2006.
JULIE FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 06-20 duly passed
and adopted by the Costa Mesa City Council at the regular meeting held September 19,
2006, and that Summaries of the Ordinance were published in the Daily Pilot on
September 12 and September 26, 2006.
(SEAL)
JULIE FOLCIK, CITY CLERK
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