Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
means a structure that is either:
means a use that is incidental and subordinate to the principal
use of the parcel of land on which it is located.
means a geomorphologic feature characterized by a cone- or
fan-shaped deposit of boulders, gravel and fine sediments that have
been eroded from mountain slopes, transported by flood flows and then
deposited on the valley floors, and that is subject to flash flooding,
high velocity flows, debris flows, erosion, sediment movement and
deposition and channel migration.
means a point on an alluvial fan or similar landform below
which the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
means a designated AO or AH zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
See "Special flood hazard area."
See "Special flood hazard area."
means a flood that has a one percent chance of being equaled
or exceeded in any given year (also called the "one-hundred-year flood").
Base flood is the term used throughout this chapter.
means the elevation shown on the Flood Insurance Rate Map
for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a one percent or greater
chance of being equaled or exceeded in any given year.
means any area of the building having its floor subgrade,
i.e., below ground level, on all sides.
are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material that is not part of the structural support
of the building and that is designed to break away under abnormally
high tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any buildings
to which they might be carried by flood waters. A breakaway wall shall
have a safe design loading resistance of not less than ten and no
more than twenty pounds per square foot. Use of breakaway walls must
be certified by a registered engineer or architect and shall meet
the following conditions:
See "Structure."
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 a Flood Insurance Rate Map (FIRM) as zone V1-V30, VE or V.
means devices intended to seal structural openings, such
as doors and windows, from floodwaters. These measures include, but
are not limited to, flood shields, watertight doors, moveable floodwalls,
partitions, water-resistive sealant devices and other similar techniques.
These devices may be permanently installed or stored on-site for use
in the event of a flood. Temporary emergency measures such as sandbags,
plastic sheeting and similar devices are not classified as contingency
measures. An example of a flood shield used as a contingency floodproofing
measure is:
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means any man made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a floodplain that may impede or alter the flow capacity of a floodplain.
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) was completed before June 21, 1988.
means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
means:
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from
any source; and/or mudslides (i.e., mudflows); and
The condition resulting from flood-related erosion.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate
Map, the Flood Boundary and Floodway Map and the water surface elevation
of the base flood.
is the community official designated to administer and enforce
the floodplain management regulations.
means any land area susceptible to being inundated by water
from any source. See "Flooding."
means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but
not limited to emergency preparedness plans, flood control works,
floodplain management regulations and open space plans.
means this chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police
power that control development in flood-prone areas. This term describes
federal, state or local regulations in any combination thereof that
provide standards for preventing and reducing flood loss and damage.
means any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. For guidelines on dry
and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93,
and TB 7-93.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot. Also referred to as "regulatory floodway."
is that area of the floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
as related to Sections 25.38.060 through 25.38.062 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Laguna Beach city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
means a use that cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, and does not include long-term storage or related manufacturing
facilities.
is the local governing unit, i.e., county or municipality,
which is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
as related to Sections 25.38.060 through 25.38.062 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The Laguna Beach city council requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship.
All of these problems can be resolved through other means without
granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to
a different use than originally intended.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
for the purpose of this chapter means any structure that
is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
Individually listed on the Laguna Beach Historic Register.
means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
means a flood protection system that consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound engineering
practices.
means the lowest floor of the lowest enclosed area, including
basement (see "Basement" definition). An unfinished or flood resistant
enclosure below the lowest floor that is 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 it conforms
to applicable non-elevation design requirements, including, but not
limited to:
The flood openings standard in Section 25.38.050(C)(3);
The anchoring standards in Section 25.38.050(A);
The construction materials and methods standards in Section 25.38.050(B); and
The standards for utilities in Section 25.38.051.
means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include
a "recreational vehicle."
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
shall be determined by estimating the cost to replace the
structure in new condition and adjusting that cost figure by the amount
of depreciation that has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a
square-foot cost factor determined by reference to a building cost
estimating guide recognized by the building construction industry.
The amount of depreciation shall be determined by taking into
account the age and physical deterioration of the structure and functional
obsolescence as approved by the floodplain administrator, but shall
not include economic or other forms of external obsolescence.
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Use of replacement costs or accrued depreciation factors different
from those contained in recognized building cost estimating guides
may be considered only if such factors are included in a report prepared
by an independent professional appraiser and supported by a written
explanation of the differences.
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means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
for floodplain management purposes, means structures for
which the "start of construction" commenced on or after June 21, 1988,
and includes any subsequent improvements to such structures.
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 June 21,
1988.
includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse,
fill, structure, vegetation or other material in, along, across or
projecting into any watercourse that may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due
to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
See "Base flood."
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 the primary frontal dune occurs at the point where there
is a distinct change from a relatively mild slope.
means a defect in a community's floodplain management regulations
or administrative procedures that impairs effective implementation
of those floodplain management regulations.
as related to Sections 25.38.060 through 25.38.062 of this chapter, means that the granting of a variance must not result in anything that is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
means a vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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.
means to bring the structure or other development into compliance
with state or local floodplain management regulations, or if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of this chapter or otherwise deterring future similar violations,
or reducing state or federal financial exposure with regard to the
structure or other development.
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
mean naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
means a change in the mean level of the ocean. Accepted sea
level rise scenarios shall be based on best available science. As
a starting reference point, the current best available science is
the 2012 National Academy of Science Report, Sea-Level Rise for the
Coasts of California, Oregon and Washington: Past, Present and Future.
This report provides regional projections of sea level rise that includes
a vertical land motion component, including the Laguna Beach area,
from 5.0 inches up to 23.94 inches from 2000 to 2050 and from 17.4
inches up to 65.55 inches (5.46 feet) from 2000 to 2100.
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Full reference for the NAS Report – National Academy of
Sciences. 2012. Sea-Level Rise for the Coasts of California, Oregon
and Washington: Past, Present and Future, National Academies Press,
Washington, DC: http://dels.nas.edu/Report/Level-Rise-Coasts/13389.
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See "Area of shallow flooding."
means an area in the floodplain subject to a one percent
or greater chance of flooding in any given year. It is shown on a
FIRM as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within one hundred eighty days
from the date of the permit. 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 land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
means:
Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before-damaged condition would equal
or exceed fifty percent of the market value of the structure before
the damage occurred; or
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such event, on the average, equals or exceeds twenty-five
percent of the market value of the structure before the damage occurred.
This is also known as "repetitive loss."
means any reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds fifty
percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that
have incurred "substantial damage," regardless of the actual repair
work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
that have been identified by the local code enforcement official and
that are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
means a grant of relief from the requirements of this chapter
that permits construction in a manner that would otherwise be prohibited
by this chapter.
means the failure of a structure or other development to
be fully compliant with this chapter. A structure or other development
without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be
in violation until such time as that documentation is provided.
See "Coastal high hazard area."
means a lake, river, creek, stream, wash, arroyo, channel
or other topographic feature on or over which waters flow at least
periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988,
or other datum, of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
(Ord. 1576 § 1, 2013; Ord. 1670 § 7, 2022)
