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HomeMy WebLinkAboutORD NO. 21-1427 (AMENDING CHAPTER 8.52 OF THE TITLE 8-FLOORPLAN MANAGEMENT) Page 1 of 5 20-1427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 21-1427 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 8.52 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, FLOODPLAIN MANAGEMENT REGULATIONS, FOR COMPLIANCE UNDER THE NATIONAL FLOOD INSURANCE PROGRAM THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.52.050 of Chapter 8.52 of the Hermosa Beach Municipal Code, “Definitions,” is hereby amended to add or amend the following definitions in alphabetical order: “Dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of a primary frontal dune occurs at the point where there is a distinct change from a pronounced mound of sand to a relatively mild slope. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 8, 2006. “New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after August 8, 2006 and includes any subsequent improvements to such structures. “New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 8, 2006. “Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. SECTION 2. Section 8.52.120 of Chapter 8.52 of the Hermosa Beach Municipal Code, “Flood Damage Prevention Permit,” is hereby amended to read as follows: DocuSign Envelope ID: 3C1B9BDB-1DB2-4102-9B32-55D47A51E019 Page 2 of 5 20-1427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A flood damage prevention permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 8.52.070. Application for a flood damage prevention permit shall be made on forms furnished by the City of Hermosa Beach. The applicant shall provide the following minimum information: A. Plans in duplicate, drawn to scale, showing: 1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; 2. Proposed locations of water supply, sanitary sewer, and other utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4. Location of the regulatory floodway when applicable; 5. Base flood elevation information as specified in Section 8.52.070 or Section 8.52.140.C; 6. Proposed elevation and one-foot freeboard in relation to mean sea level, of the lowest floor (including basement) of all structures; and 7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed, as required in Section 8.52.160.C.3 of this chapter and detailed in FEMA Technical Bulletin TB 3-93. B. Certification from a registered civil engineer or architect that the nonresidential flood- proofed building meets the flood-proofing criteria in Section 8.52.160.C.3. C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 8.52.160.C.2 of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. All appropriate certifications listed in Section 8.52.140.E of this chapter. SECTION 3. Subsection (C), paragraph (1) of Section 8.52.160 of Chapter 8.52 of the Hermosa Beach Municipal Code, “Standards of Construction,” is hereby amended to read as follows: C. Elevation and Flood-proofing. 1. Residential construction. All new construction or substantial improvements of residential structures, including manufactured homes, shall have the lowest floor, including basement: a. In AE, AH, A1-30 Zones, elevated to or above the base flood elevation and one-foot freeboard. b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated DocuSign Envelope ID: 3C1B9BDB-1DB2-4102-9B32-55D47A51E019 Page 3 of 5 20-1427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 at least 2 feet above the highest adjacent grade if no depth number is specified, and one-foot freeboard. c. In an A zone, without BFE’s specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation and one-foot freeboard; as determined under Section 8.52.140.C. SECTION 4. Section 8.52.190 of Chapter 8.52 of the Hermosa Beach Municipal Code, “Standards for Manufactured Homes,” is hereby amended to read as follows: A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1. Within Zones A1 30, AH, and AE on the community’s Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and one-foot freeboard and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 2. Within Zones V1 30, V, and VE on the community’s Flood Insurance Rate Map, meet the requirements of Section 8.52.210. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1 30, AH, AE, V1 30, V, and VE on the community’s Flood Insurance Rate Map that are not subject to the provisions of Section 8.52.190 will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation and one-foot freeboard; or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. SECTION 5. Section 8.52.210 of Chapter 8.52 of the Hermosa Beach Municipal Code, “Coastal High Hazard Areas,” is hereby amended to read as follows: DocuSign Envelope ID: 3C1B9BDB-1DB2-4102-9B32-55D47A51E019 Page 4 of 5 20-1427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Within coastal high hazard areas, Zones V, V1-30, and VE, as established under Section 8.52.070, the following standards shall apply: A. All new residential, manufactured homes, and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level and one-foot freeboard. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 8.52.050 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. D. Fill shall not be used for structural support of buildings. E. Man made alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or architect that a proposed structure complies with Section 8.52.210.A; and 2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. SECTION 6. Severability. If any provision of this ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect any remaining provision hereof. The City Council of the City of Hermosa Beach hereby declares that it would have adopted this ordinance despite any partial invalidity. SECTION 7. Environmental Review. The City Council finds that adopting the foregoing amendments to the City’s floodplain management regulations is exempt from the California Environmental Quality Act (“CEQA”) under DocuSign Envelope ID: 3C1B9BDB-1DB2-4102-9B32-55D47A51E019 Page 5 of 5 20-1427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 section 15061(b)(3) of the CEQA Guidelines. (14 Cal. Code Regs. § 15061(b)(3).) This Ordinance adopts amendments identified by the Federal Emergency Management Agency (“FEMA”) as necessary to ensure that the City’s building standards account for the risk of regional flood hazards, consistent with the National Flood Insurance Program. The amendments are thus administrative in nature and designed to improve and not degrade environmental quality. As such, there is no possibility that adopting this ordinance would adversely affect the environment in any manner that could be significant for purposes of CEQA. The measure also qualifies for the Class 8 exemption for agency actions taken to assure the maintenance, restoration, enhancement, or protection of the environment. 14 Cal. Code Regs. § 15308. By regulating construction in flood hazard areas, the ordinance ensures the protection of the City’s build environment. SECTION 8. Effective Date. This ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published or posted in the manner required by law. PASSED, APPROVED and ADOPTED this 23rd day of March, 2021. _________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ Eduardo Sarmiento, City Clerk Michael Jenkins, City Attorney DocuSign Envelope ID: 3C1B9BDB-1DB2-4102-9B32-55D47A51E019