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HomeMy WebLinkAbout03 - Amending Newport Beach Municipal Code Chapter 15.50 — Floodplain ManagementPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN February 12, 2019 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Samir Ghosn, Deputy Community Development Director/Chief Building Official, sghosn newportbeachca.gov PHONE: 949-644-3277 TITLE: Introduction of an Ordinance Amending Newport Beach Municipal Code Chapter 15.50 — Floodplain Management ABSTRACT: The City of Newport Beach participates in the National Flood Insurance Program (NFIP). The program provides for flood insurance backed by the federal government for all properties that are located in the special flood hazard areas (flood zones). As a condition of participating in the NFIP, the City must have an up-to-date floodplain management ordinance that regulates development in the flood zones. The Federal Emergency Management Agency (FEMA) recently reviewed the City's current ordinance and requested that an update be made. FEMA recently updated the mapped flood zones and the new maps are expected to be effective March 21, 2019. The attached item amends the Newport Beach Municipal Code (NBMC) Chapters 15.05 and 15.50 regulations to comply with FEMA floodplain management requirements for development that occurs in flood zones. RECOMMENDATION: a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Introduce Ordinance No. 2019-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 15.05.090 of Chapter 15.05, Adding a Section to Chapter 15.50 and Amending Certain Sections of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code Related to Floodplain Management, and pass to second reading on February 26, 2019. 3-1 Introduction of an Ordinance Amending Newport Beach Municipal Code Chapter 15.50 - Floodplain Management February 12, 2019 Page 2 DISCUSSION: Introduction The City of Newport Beach has been a participant in the NFIP for 41 years. As a participant in the NFIP, the City is required to adopt a floodplain management ordinance regulating development in the mapped flood zones. The City adopted the initial Floodplain Management Chapter, NBMC Section 15.50, on August 28, 1978. Subsequent amendments have been made to the ordinances. As a result of the Open Pacific Coast Study conducted by FEMA for the entire California coast, the City's floodplain management ordinances must be revised to take into account new flood designations and additional flood zone areas. FEMA issued new floodplain maps that place a large number of properties on Balboa Peninsula in new flood zones. In addition, 166 coastal properties on the Balboa Peninsula located between 48th and 24th street are now subject to flooding due to waves from the coast. These coastal properties will be required to be rebuilt above the wave height if a permit to tear down and rebuild the structure is submitted. These coastal properties are located in a newly designated coastal floodplains classified as VE zone. FEMA issued a Letter of Final Determination for the final flood maps on September 21, 2018, with an effective date of March 21, 2019. Compliance with mandatory program requirements will enable the community to avoid suspension from the NFIP. Participants in the FEMA Insurance program typically have lower, consistent rates and can count on having insurance that may not be guaranteed in the private sector. Code Changes The ordinance will update the existing City floodplain management provisions to conform to FEMA's latest revision to the flood maps. A change to the ordinance includes a definition of "coastal hazard area," which is required because of the 166 coastal properties now subject to flooding from coastal waves and tidal inundation. FEMA has reviewed the City's ordinance and provided feedback to ensure compliance with updated federal regulations. An important proposed change in the ordinance is for appeals and variances of the floodplain management ordinance to be heard by the Planning Commission instead of the Building and Fire Board of Appeals (Appeals Board). This change is made due to the Planning Commission's experience in hearing variances. The Appeals Board hears items of appeal of the Chief Building Official or Fire Code Officials (Officials) determinations, but no appeal related to building or fire code issues have been filed in the last decade. A possible type of appeal or variance may revolve in how a structure is "flood proofed". The applicant may disagree on the Official's method of designing a coastal structure that would be affected by wave action. The applicant would have the right to appeal the Official's decision to the Planning Commission. This proposed code change would only affect appeals related to the floodplain management ordinance. All other appeals of either Officials' determination will continue to be heard by the Appeals Board. 3-2 Introduction of an Ordinance Amending Newport Beach Municipal Code Chapter 15.50 - Floodplain Management February 12, 2019 Page 3 Public Outreach Noticing On December 7, 2018, public notice of the proposed effective date of the new flood maps was mailed to 1,824 property owners for properties identified in the flood zones. The City is planning a public outreach at the City of Newport Beach Civic Center with FEMA representatives, pending any further potential federal shutdowns, to discuss floodplain compliance issues, insurance, and development in flood zones. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The adoption of the amendment does not authorize new development or change the density or intensity of any potential future development. The amendment will modify existing regulations due to the updated Flood Insurance Rate Maps (flood hazard maps) for Newport Beach, which will take effect on March 21, 2019. Future development that is subject to the new flood hazard maps will require additional flood risk avoidance measures. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2019-1 Attachment B — Redline of Ordinance 3-3 Attachment A Ordinance No. 2019-2, Related to Floodplain Management 3-4 ORDINANCE NO. 2019-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 15.05.090 OF CHAPTER 15.05, ADDING A SECTION TO CHAPTER 15.50 AND AMENDING CERTAIN SECTIONS OF CHAPTER 15.50 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO FLOODPLAIN MANAGEMENT WHEREAS, the City of Newport Beach ("City") participates in the National Flood Insurance Program ("NFIP"), which is administered by the Federal Emergency Management Agency ("FEMA"). Under the NFIP, Federally -guaranteed flood insurance is made available by FEMA for properties in the City if the City does its part in making sure that development in its mapped floodplain meets certain floodplain management criteria; WHEREAS, when a flood study is completed by FEMA for the NFIP, the information and maps are assembled into a Flood Insurance Study ("FIS"). A FIS is a compilation and presentation of flood risk data for specific watercourses, lakes and coastal flood hazard areas within a community. The FIS report and associated maps, including the Flood Insurance Rate Map ("FIRM"), delineate Special Flood Hazard Areas ("SFHA") (i.e., areas that fall within the 100 -year flood boundary), designate flood risk zones, and establish base flood elevations used by NFIP for floodplain management, mitigation and insurance purposes. FIRMs are used by community officials for floodplain management, by lenders to determine the need for flood insurance, by insurance agents to rate policy applications, and by land surveyors, engineers, property owners and others to determine flood hazards in a given location; WHEREAS, NFIP underwrites flood insurance coverage only in those communities that adopt and enforce floodplain regulations that meet or exceed NFIP criteria. Buildings built in accordance with these regulations have a lower risk of flooding and can be insured at lower rates. A community's floodplain regulations are designed to ensure that new buildings will be protected from the flood levels shown on the FIRM and that development will not make the flood hazard worse; WHEREAS, the City is responsible for administering and enforcing the City's floodplain management regulations and has heretofore enacted and implements the floodplain regulations required for participation in the NFIP; 3-5 Ordinance No. 2019 - Page 2 of 15 WHEREAS, as a result of an Open Coast Study for the entire California coast, FEMA has updated the FIRM for the City, as well as many other coastal communities, due to changes in geography, construction and mitigation activities, and meteorological events. FEMA requires that the City adopt the latest version of the FIRM and FIS and to adopt or show evidence of adoption of floodplain management regulations that meet the requirements of the NFIP regulations; and WHEREAS, pursuant to the requirement of FEMA, the City Council desires to amend Chapter 15.50 of the Newport Beach Municipal Code to adopt the FIS and FIRM and to make corresponding revisions to certain sections of Chapter 15.50 and Section 15.05.090 of the Newport Beach Municipal Code. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 15.05.090 of Chapter 15.05 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.05.090 Amendment to Table R301.2(1) Footnote g. Table R301.2(1) footnote g is amended to read as follows: Section Table R301.2(1) Footnote g. (1) The date of City's adoption of its first National Flood Insurance Program (NFIP) map was March 15, 1974. The date of City's adoption of its first Flood Insurance Rate Map (FIRM) was August 28, 1978. (2) The effective date of the current Flood Insurance Study (FIS) and FIRM is March 21, 2019, copies of which are on file in the Office of the City's Community Development Department. (3) The panel numbers of the currently effective FIRM are as follows: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, and 404 (Community No. 060227; Map 06059). Section 2: The table of contents for Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 3-6 Ordinance No. 2019 - Page 3 of 15 Chapter 15.50 FLOODPLAIN MANAGEMENT* Sections: Documentation of Floodplain Development. 15.50.010 Statutory Authorization. 15.50.020 Findings of Fact. 15.50.030 Statement of Purpose. 15.50.040 Methods of Reducing Flood Losses. 15.50.050 Definitions. 15.50.060 Lands to Which this Chapter Applies. 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. 15.50.080 Compliance. 15.50.090 Abrogation and Greater Restrictions, 15.50.100 Interpretation. 15.50.110 Warning and Disclaimer of Liability. 15.50.120 Severability. 15.50.130 Designation of the Floodplain Administrator. 15.50.135 Permit Review. 15.50.140 Review, Use of Other Base Flood Data. 15.50.145 Development of Substantial Improvement and Substantial Damage Procedures. 15.50.150 Documentation of Floodplain Development. 15.50.160 Notification of Other Agencies. 15.50.170 Map Determinations. 15.50.180 Appeals and Variance Procedure. 15.50.190 Conditions for Variances. 15.50.200 Standards of Construction. 3-7 Ordinance No. 2019 - Page 4 of 15 15.50.205 Recreational Vehicles. 15.50.210 Standards for Utilities. 15.50.220 Standards for Subdivisions. 15.50.230 Coastal High Hazard Areas. 15.50.240 Mudslide Prone Areas. 15.50.250 Flood -Related Erosion -Prone Areas. * Prior ordinance history: Ords. 1779, 88-8 and 91-38. Section 3: Section 15.50.050 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to add the definition of "Adversely affect," which shall read as follows: "Adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. Section 4: The definitions of "Area of shallow flooding," "Area of special flood - related erosion hazard," "Area of special mudslide (i.e., mudflow) hazard," "Coastal high hazard area," "Existing manufactured home park or subdivision," "Flood hazard boundary map," Flood insurance rate map FIRM," "Flood insurance study," "Floodway" and "Regulatory floodway" contained in Section 15.50.050 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code are hereby amended to read as follows: "Area of shallow flooding" means a designated AO or AH zone on the FIRM. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood -related erosion hazard" means the land within a community, which is most likely to be subject to severe flood -related erosion losses. The area may be designated as Zone E on the FIRM. "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the FIRM. 3-8 Ordinance No. 2019 - Page 5 of 15 "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on the FIRM as Zone VE, or V. "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 were affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) and completed before August 28, 1978, which was the effective date of the floodplain management regulations adopted by the City. "Flood hazard boundary map" or "FHBM" means the official map on which the Federal Emergency Management Agency has delineated the areas of flood hazards. "Flood insurance rate map" or "FIRM" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" or "FIS" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as delineated on the FIRM. Also referred to as a "regulatory floodway." "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as delineated on the FIRM. Section 5: Section 15.50.070 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 3-9 Ordinance No. 2019 -- Page 6 of 15 15.50.070 Basis for Establishing the Areas of Special Flood The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Orange County, California and Incorporated Area" dated December 3, 2009, with accompanying Flood Insurance Rate Maps (FIRMs), dated December 3, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS, and all subsequent amendments and/or revisions, and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The FIS and the FIRMs are on file at the Office of the Community Development Department at 100 Civic Center Drive, Newport Beach, California 92660. Section 6: Section 15.50.140 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.50.140 Review, Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.50.070, the Floodplain Administrator, or his or her designated representative, shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 15.50.200 through 15.50.250. Section 7: Section 15.50.180 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.50.180 Appeals and Variance Procedure. A. 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 Floodplain Administrator or his designated representative, in the enforcement or administration of this chapter. B. The Planning Commission shall review and decide requests for variances. In ruling on such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3-10 Ordinance No. 2019 - Page 7 of 15 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations, for the proposed use, which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric, water systems, and streets and bridges. C. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing all items in Chapter 15.50 have been fully considered. As lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. D. Upon consideration of the factors set forth in Section 15.50.190 and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. E. Those aggrieved by the decision of the Planning Commission may appeal such decision to the City Council as provided in Title 20. A member of the City Council may call for review any decision of the Planning Commission under this chapter as provided in Title 20. 3-11 Ordinance No. 2019 - Page 8 of 15 F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency in the biennial report. Section 8: Section 15.50.200 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.50.200 Standards of Construction. In all areas of special flood hazards, all new construction, all substantial improvements of structures, including but not limited to, a structure used for a residential or non-residential use, or any manufactured home, shall meet the following standards: A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materials and Methods. 1. With materials and utility equipment resistant to flood damage; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. For AH or AO Zones, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofrng. 1. Residential construction shall have the lowest floor, including basement: a. In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest grade if no depth number is specified. b. In an A Zone, elevated to or above the base flood elevation, as determined by the City of Newport Beach. 3-12 Ordinance No. 2019 - Page 9 of 15 c. In all other zones, elevated to or above the base flood elevation per Section 15.50.070. d. Fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria: L Be certified by a registered professional engineer or architect to comply with a local floodproofing standard approved by the Federal Emergency Management Agency; or ii. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater. e. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. 2. Nonresidential Construction. Nonresidential construction shall either be elevated to conform with subsections (C)(1)(a), (b) and (c) of this section or together with attendant utility and sanitary facilities: a. Be floodproofed below the elevation recommended under subsections (C)(1)(a), (b) and (c) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be submitted to the Floodplain Administrator. 3-93 Ordinance No. 2019 - Page 10 of 15 3. Manufactured Homes. Manufactured homes that are placed or substantially improved shall be elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. D. Required Submittals. Before construction begins within any area of special flood hazards established in Section 15.50.070, application for a building permit shall be made pursuant to the Newport Beach Administrative Code, adopted in Section 15.02.010. In addition to submittals required by the Newport Beach Administrative Code, drawings shall show the nature, location, dimensions, and elevations of each structure; existing and proposed grades, and drainage facilities. Specifically, the following information is required: 1. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; 2. Proposed elevation, in relation to NAVD, to which any structure will be floodproofed; 3. All appropriate certifications listed in Section 15.50.150; 4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and 5. Plans for any walls to be used to enclose space below the base flood levels. E. Floodways. Encroachments, including fill, new construction, substantial improvements, and other development within floodways are prohibited, unless it has been demonstrated to the satisfaction of the Floodplain Administrator through hydrologic and hydraulic analysis performed and certified by a registered civil engineer in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge. Section 9: Section 15.50.205 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby added to read as follows: 15.50.205 Recreational Vehicles In all areas of special flood hazards, all recreational vehicles shall: A. Be on the site for fewer than one hundred eighty (180) consecutive days; or 3-14 Ordinance No. 2019 - Page 11 of 15 B. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions). Section 10: Section 15.50.220 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.50.220 Standards for Development and Subdivisions. A. All preliminary development and subdivision proposals shall identify the flood hazard area and elevation of the base flood. B. All final development and subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All development and subdivision proposals shall be consistent with the need to minimize flood damage. D. All development and subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage. E. All development and subdivisions shall provide adequate drainage to reduce exposure to flood hazards. F. A development permit shall be obtained before any construction begins on a development or a subdivision, including manufactured homes, 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 or her designated representative and shall include but not be limited to: plans in duplicate, drawn to scale showing: the location, dimensions, and elevations of each existing or proposed structure within the development or subdivision; existing and proposed grades, and drainage facilities. Specifically, the following information is required. 1. Proposed locations of water supply, sanitary sewer, and other utilities; 2. Location of the regulatory floodway when applicable; 3. Base flood elevation information as specified in Section 15.50.070; 3-15 G Ordinance No. 2019 - Page 12 of 15 4. Proposed elevation, in relation to NAVD, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; 5. Proposed elevation, in relation to NAVD, of the lowest (including basement) of all structures; 6. Proposed elevation, in relation to NAVD, to which any nonresidential structure will be flood -proofed, as required under Subsection 15.50.200(C)(2) and detailed in FEMA Technical Bulletin TB 3-93, which Bulletin is incorporated herein by this reference as though fully set forth; 7. Certification from a registered civil engineer or architect that the nonresidential flood -proofed building meets the floodproofing criteria in Subsection 15.50.200(C)(2)(c); 8. All appropriate certifications listed in Section 15.50.150 of this chapter; 9. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; 10. Plans for any walls to be used to enclose space below the base flood level; and 11. 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. The Floodplain Administrator 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 to determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated; 3-16 Ordinance No. 2019 - Page 13 of 15 4. Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage; 5. Review all development permits to determine whether proposed building sites will be reasonably safe from flooding; and 6. Take action to remedy violations of this chapter. Section 11: Section 15.50.230 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.50.230 Coastal High Hazard Areas. Within coastal high hazard areas, Zones V, V1-30, and VE, as delineated in the FIS and FIRM, the following standards shall apply: A. All new residential and non-residential construction, including substantial improvement/damage, and manufactured homes, 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 members of the lowest floor (excluding the pilings and columns) is elevated to or above the base flood level. 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 the California Building Code. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. 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 15.50.050 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: 3-97 Ordinance No. 2019 - Page 14 of 15 1. Certification by a registered engineer or land surveyor that a proposed structure complies with subsection (A) of this section; 2. The elevation (in relation to mean sea level) of the bottom of the lowest 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 12: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 13: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 14: The City Council finds and determines that the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 15: Except as expressly modified in this ordinance, all other titles, chapters, sections, subsections, terms, sentences, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 3-18 Ordinance No. 2019 - Page 15 of 15 Section 16: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of February, 2019, and adopted on the 26th day of February, 2019, by the following vote, to -wit - AYES: NAYS.- RECUSED: AYS: RECUSED: DIANE B. DIXON, MAYOR ATTEST: LEILANI 1. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY AfTORNEY 3-19 Attachment 6 Ordinance No. 2019-2, Redline of Ordinance 3-20 ORDINANCE NO. 2019- 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 15.05.090 OF CHAPTE 15.05, ADDING A SECTION TO CHAPTER 15.50 AND AMENDING CERTAIN SECTIONS OF CHAPTER 15.50 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO FLOODPLAIN MANAGEMENT. WHEREAS, the City of Newport Beach ("City") participates in the National Flood Insurance Program ("NFIP"), which is administered by the Federal Emergency Management Agency ("FEMA"). Under the NFIP, Federally -guaranteed flood insurance is made available by FEMA for properties in the City if the City does its part in making sure that development in its mapped floodplain meets certain floodplain management criteria; WHEREAS, when a flood study is completed by FEMA for the NFIP, the information and maps are assembled into a Flood Insurance Study ("FIS"). A FIS is a compilation and presentation of flood risk data for specific watercourses, lakes and coastal flood hazard areas within a community. The FIS report and associated maps, including the Flood Insurance Rate Map ("FIRM"), delineate Special Flood Hazard Areas ("SFHA") (i.e., areas that fall within the 100 -year flood boundary), designate flood risk zones, and establish base flood elevations used by NFIP for floodplain management, mitigation and insurance purposes. FIRMs are used by community officials for floodplain management, by lenders to determine the need for flood insurance, by insurance agents to rate policy applications, and by land surveyors, engineers, property owners and others to determine flood hazards in a given location; WHEREAS, NFIP underwrites flood insurance coverage only in those communities that adopt and enforce floodplain regulations that meet or exceed NFIP criteria. Buildings built in accordance with these regulations have a lower risk of flooding and can be insured at lower rates. A community's floodplain regulations are designed to ensure that new buildings will be protected from the flood levels shown on the FIRM and that development will not make the flood hazard worse; WHEREAS, the City is responsible for administering and enforcing the City's floodplain management regulations and has heretofore enacted and implements the floodplain regulations required for participation in the NFIP; 3-21 Ordinance No. 2019 -- Page 2 of 14— WHEREAS, as a result of an Open Coast Study for the entire California coast, FEMA has updated the Fleed Rate Map ("FIRM") for the City, as well as many other coastal communities, due to changes in geography, construction and mitigation activities, and meteorological events. FEMA requires that the City adopt the latest version of the FIRM and FIS and to adopt or show evidence of adoption of floodplain management regulations that meet the requirements of subparagraphs (d andT \�QeGtinn 60.3 of the NFIP regulations found in Part 60 of Chapter 44 of the Code of Federal Regulation -s; and WHEREAS, pursuant to the requirement of FEMA, the City Council desires to amend Chapter 15.50 of the Newport Beach Municipal Code to adopt the FIS and FIRM and to make corresponding revisions to certain sections of Chapter 15.50 and Section 15.05.090 of the Newport Beach Municipal Code. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 15.05.090 of Chapter 15.05 of Title 15 of the Newport Beach Municipal Code is hereby amended to read OR l as follows: 15.05.090 Amendment to Table R301.2(1) Footnote g. Table R301.2 R301.2(1) footnote g is amended to read as follows: Section Table R301.2(1) Footnote g. (1) The date of City's adoption of its first National Flood Insurance Program (NFIP) map was March 15, 1974. The date of City's adoption of its first Flood Insurance Rate Map (FIRM) was August 28, 1978. (2) The effective date of the current Flood Insurance Study (FIS) and FIRM is March 21, 2019, copies of which are on file in the Office of the City's Community Development Department. (3) The panel numbers of the currently effective FIRM are as follows:Refer to 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, and 404 S,�X (Community No. 060227; Map 06059); 3-22 Ordinance No. 2019 -- Page 3 of 14 Section 2: The table of contents for Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 15.50 FLOODPLAIN MANAGEMENT* Sections: 15.50.010 Statutory Authorization. 15.50.020 Findings of Fact. 15.50.030 Statement of Purpose. 15.50.040 Methods of Reducing Flood Losses. 15.50.050 Definitions. 15.50.060 Lands to Which this Chanter ADDlies. 15.50.070 Basis for Establishina the Areas of Special Flood Hazard. 15.50.080 Compliance. 15.50.090 Abroaation and Greater Restrictions. 15.50.100 Interpretation. 15.50.110 Warnina and Disclaimer of Liabilitv. 15.50.120 Severability. 15.50.130 Desianation of the Floodplain Administrator. 15.50.135 Permit Review 15.50.140 Review. Use of Other Base Flood Data. 15.50.145 Development of Substantial Improvement and Substantial Damage Procedures. 15.50.150 Documentation of Floodplain Development. 15.50.160 Notification of Other Aaencies. 3-23 Ordinance No. 2019 -- Page 4 of 14 15.50.170 Map Determinations. 15.50.180 Appeals and Variance Procedure. 15.50.190 Conditions for Variances. 15.50.200 Standards of Construction. 15.50.205 Recreational Vehicles. 15.50.210 Standards for Utilities. 15.50.220 Standards for Subdivisions. 15.50.230 Coastal Hiah Hazard Areas. 15.50.240 Mudslide Prone Areas. 15.50.250 Flood -Related Erosion -Prone Areas. * Prior ordinance history: Ords. 1779, 88-8 and 91-38. Section 3: Section 15.50.050 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to add the definition of "Adversely affect," which shall read as follows: "Adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. Section 42: The definitions of "Area of shallow flooding," "Area of special flood - related erosion hazard," "Area of special mudslide (i.e., mudflow) hazard," "Coastal high hazard area," "Existing manufactured home park or subdivision.,"; "Flood hazard boundary map,; Flood insurance rate map FIRM," "Flood insurance study," "Floodway" and "Regulatory floodway" contained in Section 15.50.050 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code are hereby amended to read in�as follows: "Area of shallow flooding" means a designated AO or AH zone on the FIRM. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such floodina is characterized by Dondina or sheet flow. 3-24 Ordinance No. 2019 -- Page 5 of 14— "Area of special flood -related erosion hazard" means the land within a community, is most likely to be subject to severe flood -related erosion losses. The area may be designated as Zone E on the FIRM. "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the FIRM. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on the FIRM as Zone VE, or V. "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 ar�ewere affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) +sand completed before August 28, 1978, which was the effective date of the floodplain management regulations adopted by a GOMMURitythe City. "Flood hazard boundary map" or THBM" means the official map on which the Federal Emergency Management Agency er Federal Incl henna and Mitigation 4.dministratiGn has delineated the areas of flood hazards. "Flood insurance rate map" or "FIRM" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" or "FIS" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as delineated on the FIRM. Also referred to as a "regulatory floodway." 3-25 Ordinance No. 2019 -- Page 6 of 14 "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as delineated on the FIRM. Section 53: Section 15.50.070 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read On full follows: 15.50.070 Basis for Establishing the Areas of Special Flood The areas of special flood hazard identified by the Fea°rcral IR66IFaRGe dMiRistratiOR of the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study kEIS for Orange County, California and lr,^^rperato Incorporated Area" dated December 3, 2009, with an accompanying rapsFlood Insurance Rate Maps (FIRMs), dated December 3, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part This fleed incl iraRGe study y is OR filo of 3300 Newport Boulevard, Newport o this chapter. ,-ani, ��,-r��aT�-a,�-r��� BeaGh, California X92659-176This fleed ORSUraRGe studVFIS, and all subsequent amendments and/or revisions, and attendant mapping is the minimum area of applicability of this chaptererdiRaRGe and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The FIS and the FIRMs are on file at the Office of the Community Development Department at 100 Civic Center Drive, Newport Beach, California 92660. Section 64: Section 15.50.140 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read in�as follows: 15.50.140 Review, Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.50.070 Basis f r Establishing the AreasOf Spe^ial Fleed Hazard, the Floodplain Administrator., or his or her designated representative, shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 15.50.200 through 15.50.250. Section 7-5: Section 15.50.180 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read On follows: 15.50.180 Appeals and Variance Procedure. 3-26 Ordinance No. 2019 -- Page 7 of 14 A. The B iildiRg and Ciro Reared of ppealcPlanninq Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator or his designated representative, in the enforcement or administration of this chapter. B. The Building and Ciro Board of °r,r,Planning Commission shall review and decide requests for variances. In ruling on such applications, the Building and Ciro Board ofopealsPlanning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations, for the proposed use, which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric, water systems, and streets and bridges. 3-27 Ordinance No. 2019 -- Page 8 of 14 C. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing all items in subseEt+en /�thisseGtienChapter 15.50 have been fully considered. As lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. D. Upon consideration of the factors set forth in of subse •+i^^ { Section 15.50.190 of +;;oGr-and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. E. Those aggrieved by the decision of the Planning Commission may appeal such decision to the City Council as provided in Title 20. A member of the City Council may call for review any decision of the Buildi„^ and Fore Board ^f °o ;TPlanning Commission under this chapter as provided in Title 20. F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal 'r,S„raRGe and Mi+igati^r, AdmiRistratiqR Federal Emergency Management Agency in the biennial report. Section 86: Section 15.50.200 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read On follows: 15.50.200 Standards of Construction. In all areas of special flood hazards, all new construction, all substantial improvements of structures, including but not limited to, a structure used for a residential or non-residential use, or any �" ovic+iri^ „^rte+ri �n+i^remanufactured home, shall meet the following standards: A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materials and Methods. 1. With materials and utility equipment resistant to flood damage; 2. Using methods and practices that minimize flood damage; 3-28 Ordinance No. 2019 -- Page 9 of 14 3. 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; and 4. ForWo+ es- AH or AO Zones, so that there are , so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing. 1. Residential construction shall have the lowest floor, including basement: a. In an AO Zzone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest grade if no depth number is specified_; b. In an A Zzone, elevated to or above the base flood elevation, as determined by the City of Newport Beach.; C. In all other zones, elevated to or above the base flood elevation per Section 15.50.070. d. Fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria: i. Be certified by a registered professional engineer or architect to comply with a local floodproofing standard approved by the Federal RGaraRGGe and Mitigating, odministratien, er Federal Emergency Management Agency; or ii. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other 3-29 Ordinance No. 2019 -- Page 10 of 14 coverings or devices; provided, that they permit the automatic entry and exit of floodwater. e. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. 2. Nonresidential Construction. Nonresidential construction shall either be elevated to conform with subsections (C)(1)(a), (b) and (c) of this section or together with attendant utility and sanitary facilities: a. Be floodproofed below the elevation recommended under subsections (C)(1)(a), (b) and (c) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be submitted to the Floodplain Administrator. 3. Manufactured Homes. Manufactured homes that are placed or substantially improved shall be elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. - _ r.Tsr_enr_*,Mrr4MINWAr_7.i NMI - 110 111101101-1 190. 0196- WIN FIN 111 W. III mr 12-0-6 I F -W -1 3-30 Ordinance No. 2019 -- Page 11 of 14 D. Required Submittals. Before construction begins within any area of special flood hazards established in Section 15.50.070, application for a building permit shall be made pursuant to the Newport Beach Administrative Code, adopted in Section 15.02.010. In addition to submittals required by the Newport Beach Administrative Code, drawings shall show the nature, location, dimensions, and elevations of each structure; existing and proposed grades, and drainage facilities. Specifically, the following information is required: 1. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; 2. Proposed elevation in relation to —(NAVD)I to which any structure will be floodproofed; 3. All appropriate certifications listed in Section 15.50.150; 4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and 5. Plans for any walls to be used to enclose space below the base flood levels. E. Floodways. Encroachments Onto fleo�'�ays—aTe prehibted, including fill, new construction substantial improvements, and other development within floodways are prohibited, unless it has been demonstrated to the satisfaction of the Floodplain Administrator through hydrologic and hydraulic analysis performed and certifiedGer-tifiGatien by a registered civil engineer in accordance with standard engineering practice is provided lYeYV ORstrO+ln/Y that the proposed encroachment shaftill not result in any increase in flood levels during the occurrence of the base flood discharge. Section 97: Section 15.50.20520 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby added amid to read OR follows: 15.50.205 Recreational Vehicles In all areas of special flood hazards. all recreational vehicles shall: A. Be on the site for fewer than one hundred eiahtv (180) consecutive days: or B. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions). 3-31 Ordinance No. 2019 -- Page 12 of 14 Section 10: Section 15.50.220 of Chanter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.50.220 Standards for Development and Subdivisions. A. All preliminary development and subdivision proposals shall identify the flood hazard area and elevation of the base flood.; B. All final development and subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.-- C. dministrator.; C. All development and subdivision proposals shall be consistent with the need to minimize flood damage_; D. All development and subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage_; E. All development and subdivisions shall provide adequate drainage to reduce exposure to flood hazards.; F. A development permit shall be obtained before anter construction begins on aer development on—or a subdivision, including manufactured homes, 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 or her designated representative and shall include but not be limited to: plans in duplicate., drawn to scale showing: the ire, location, dimensions, and elevations of each existing or proposed structure within the development or subdivision; existing and proposed grades, and drainage facilities. Specifically, the following information is required.; 1. Proposed locations of water supply, sanitary sewer, and other utilities; 2. Location of the regulatory floodway when applicable; 3. Base flood elevation information as specified in Section 15.50.070: 4-4. Proposed elevation, in relation to NAVD, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; 3-32 Ordinance No. 2019 -- Page 13 of 14- 5. Proposed elevation, in relation to NAVD, of the lowest (including basement all structures; 6. Proposed elevation in relation to NAVD)1 to which any nonresidential structure will be flood proofed as required under Subsection 15.50.200(C)(2) and detailed in FEMA Technical Bulletin TB 3-93, which Bulletin is incorporated herein by this reference as though fully set forth; 2-.7. Certification from a registered civil engineer or architect that the nonresidential flood -proofed building meets the floodproofing criteria in Subsection 15.50.200(C)(2)(c); 3-8. All appropriate certifications listed in Section 15.50.150 of this chapter; 4-9. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; Plans for any walls to be used to enclose space below the base flood level; and 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. G. The Floodplain Administrator 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 to determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated;_. FOr ^„rpGse . ^f LI -•- -1--_1-- 46A_1 -II__ ))- _- - - --- ll__1 -- --------I-1---- _II__1 _I 11-- -----------1 3-33 Ordinance No. 2019 -- Page 14 of 14 4. Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage; 5. Review all development permits to determine whether proposed building sites will be reasonably safe from flooding; and 6. Take action to remedy violations of this chapter. Section 118: Section 15.50.230 of Chapter 15.50 of Title 15 of the Newport Beach Municipal Code is hereby amended to read Onus follows: 15.50.230 Coastal High Hazard Areas. Within coastal high hazard areas, Zones V, V1-30, and VE, as establisher! Under Con+,�„ 15.50.070 delineated in the FIS and FIRM, the following standards shall apply.-_ A. All new residential and non-residential construction, including substantial improvement/damages, ;nGlud all —exiSt+ng-Ee„StFUGtie and manufactured homes, 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 Pertien of the -structural members of the lowest floor (excluding the pilings and columns) is elevated to or above the base flood level. The pile ef-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 the California Building Code.; B. All new construction and other development shall be located on the landward side of the reach of mean high tide.; C. All new construction and sSubstantial improvements; ;nc'udiRg all exiSt+ng GGRGtFYEtk)R—,shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.50.050 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access of d -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_; 3-34 Ordinance No. 2019 -- Page 15 of 14 F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or land surveyor that a proposed structure complies with subsection (A) of this section; 2. The elevation (in relation to mean sea level) of the bottom of the lowest 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 125: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 138: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 144: The City Council finds and determines that the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 152: Except as expressly modified in this ordinance, all other titles, chapters, sections, subsections, terms, sentences, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 163: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. 3-35 Ordinance No. 2019 -- Page 16 of 14 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of , February, 2019, and adopted on the 26th day of , February, 2019, by the following vote, to -wit: AYES: NAYS: RECUSED: DIANE B. DIXON, MAYOR ATTEST: LEILANI I. BROWN. CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP. CITY ATTORNEY 3-36