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5217ORDINANCE NO. 5217 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.28.0101 17.28.030, 17.28.050, 17.28.100, 17.28.130, 17.28.170 and 17.28.190 OF CHAPTER 17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE (FLOOD HAZARD REDUCTION) AND AMENDING SECTIONS 18.90.020, 18.90.030 AND 18.90.050 OF CHAPTER 18.90 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (FLOODPLAIN OVERLAY ZONE) THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Subsection .060 of Section 17.28.010 of Chapter 17.28 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.060 To help maintain a stable tax base by providing for the sound use and development of areas of a 'special flood hazard' so as to minimize future flood blight areas;" SECTION 2. That Subsection .040, .090, .160, .180, .190, .210, .220 and .230 of Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.040 'Base flood' means the amount of water generated from runoff of a storm and having a one percent chance of being equaled or exceeded in any given year (also called the 1100 -year flood')." 11.090 'Development' means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard." ".160 '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 (1) foot (also referred to as the 'Regulatory Floodway')." 11.180 'Manufactured home' 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'." 11.190 'New construction' means, for the purposes of determining insurance rates, structures for which the 'start of construction' commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent substantial improvements to such structures. For floodplain management purposes, 'new construction' means structures for which the 'start of construction' commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent substantial improvements to such structures." ".210 'Start of construction' includes substantial improvement, 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 (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include 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 dimension of the building." - 2 - Y ".220 'Structure' means a walled and roofed building, a gas or liquid storage tank and/or a manufactured home that is principally above ground and permanently affixed to a site." 11.230 'Substantial improvement' means any rehabilitation, reconstruction, addition, proposed new development, or other improvements, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the 'start of construction' of improvement. This term includes structures which have incurred 'substantial damage', regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a 'historic structure', provided that the alteration will not preclude the structure's continued designation as a 'historic structure'." SECTION 3. That new Subsections .015, .045, .100, .110, .155, .156, .166, .168, .200, .201 and .225 be and the same are hereby, added to Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code to read as follows: 11.015 'Accessory Use' means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located." 11.045 'Base Flood Elevation (BFE)' means the water surface elevation of the base flood in relation to the National Geodetic Vertical Datum (NGVD)." 11.100 '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 the - 3 - effective date of the floodplain management regulations adopted by a community." 11.110 'Expansion to an existing manufactured home park or subdivision' 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)." 11.155 'Floodplain' means any land area susceptible to 'flood or flooding'." 11.156 'Floodproofing' means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents." 11.166 'Historic Structure' means any structure that is: (a) 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; (b) 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; (c) 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 (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved State program as determined by the Secretary of the Interior; or (2) Directly by the Secretary of the Interior in States without approved programs." 11.168 'Insurable structure' means a roofed structure which has a minimum of two rigid walls in place. Silos and grain storage buildings, and buildings in the course of construction are insurable structures." - 4 - A 11.200 'Recreational vehicle' means a vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use." 11.201 'Special flood hazard area (SFHA)' means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year. This area is designated as Zone A, AE, AO, and AH on the FIRM." - ".225 'Substantial damage' 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 50 percent of the market value of the structure before the damage occurred." SECTION 4. That Section 17.28.050 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Anaheim dated September 15, 1989 and the Flood Insurance Rate Maps (FIRM) dated September 15, 1989 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Anaheim by the City Engineer. The study and FIRMS are on file in the offices of the Planning Director, City Engineer and Building Official of the City of Anaheim." SECTION 5. That Section 17.28.100 and subsection .010 thereto of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: - 5 - a "A Development permit shall be obtained before any construction, other development, or placement of a mobilehome begins within any area of special flood hazard established pursuant to Section 17.28.050, hereof. Application for a Development permit shall be made on forms furnished by the Building Official and may include, but not necessarily be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information shall be required: .010 Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of the highest adjacent grade and proposed elevation of lowest floor of all structures." SECTION 6. That subsection .031 and .035 of Section 17.28.130 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".031 New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at least one (1) foot above the base flood elevation. Nonresidential structures may meet the standards in Subsection 17.28.130.022. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and provided to the Building Official as set forth in Subsection 17.28.120.030." ".035 All new construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must be certified by a registered professional engineer within the State of California or meet or exceed the following minimum criteria: A minimum of two Y (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers or valves." SECTION 7. That subsections .015 and .022 of Section 17.28.170 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and they are hereby, amended to read as follows: ".015 All manufactured homes placed or substantially improved within Zones AH and AE on the FIRM on sites (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision in which a manufactured home has incurred 'substantial damage' as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement." ".022 All manufactured homes that are not subject to the provisions of Section 17.28.170.015 shall be placed on pads or lots elevated on compacted fill or pilings so that the lowest floor of the manufactured home is at least one foot above the base flood level. If elevated on pilings: (a) the lots shall be large enough to permit steps; (b) the pilings shall be placed in stable soil no more than ten (10) feet apart; and (c) reinforcement shall be provided for pilings more than six (6) feet above the ground level." SECTION 8. That subsection .040 be, and the same is hereby, added to Section 17.28.170 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code to read as follows: ".040 Require that recreational vehicles placed on sites within Zone AH and AE on the FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements in Section - 7 - 6 17.28.100 and the elevation and anchoring requirements for 'manufactured homes' in Section 17.28.170.015 above. 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 9. That subsection .070, and paragraph .010 thereto, of Section 17.28.190 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.070 Conditions for Variances .010 Variances may be issued for the repair or rehabilitation of historic structures upon a determination that (a) the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and (b) the variance is the minimum necessary to preserve the historic character and design of the structure." SECTION 10. That subsection .010 and .020 of Section 18.90.020 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.010 Areas of the 'regulatory floodway' as shown on the Flood Insurance Rate Maps (FIRM) for the City of Anaheim, as the same may now or hereinafter exist, as official maps of the Federal Insurance Administration." ".020 Other areas not shown as a 'regulatory floodway' or 'special flood hazard area' on the FIRM but in which FEMA or the City Engineer has determined that a 'special flood hazard' or 'floodway' condition as defined herein exists and is indicated by the zoning overlay designation of (FP) on any zoning map or ordinance now or hereinafter adopted by the City of Anaheim." SECTION 11. That new subsection .011 be, and the same is hereby, added to Section 18.90.020 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code to read as follows: Y 11.011 'Special flood hazard area (SFHA)' as shown on the FIRM and as defined herein." SECTION 12. That existing subsections .040 and .060 of Section 18.90.030 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, deleted in their entirety. SECTION 13. That subsections .010, .050, .070 and .080 of Section 18.90.030 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.010 'Base flood' means the amount of water generated from runoff of a storm and having a one percent chance of being equaled or exceeded in any given year (also called the 1100 -year flood')." 11.050 'Floodplain' means any land areas susceptible to 'flood or flooding'." 11.070 'Structure' means a walled and roofed building, a gas or liquid storage tank and/or a manufactured home that is principally above ground and permanently affixed to a site." ".080 'Substantial Improvement' means any reconstruction, rehabilitation, addition, other proposed new development of a structure or other improvements, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the 'start of construction' of the improvement. This term includes structures which have incurred 'substantial damage' regardless of the actual repair work performed. The term does not, however, include either (a) any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (b) any alteration of a 'historic structure', provided that the alteration will not preclude the structure's continued designation as a 'historic structure."' SECTION 14. That new subsections .015, .036, .040, .060, .065, .066, .067 and .075 be, and the same are hereby, added to Section u 18.90.030 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code to read as follows: ".015 'Base Flood Elevation (BFE)' means the water surface elevation of the base flood in relation to the National Geodetic Vertical Datum (NGVD)." ".036 'Flood Insurance Rate Map (FIRM)' 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." ".040 'Flood or flooding' means a general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of flood waters, (b) the unusual and rapid accumulation or runoff of surface waters from any source, or (c) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition." ".060 '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. Also referred to as the 'Regulatory Floodway."' ".065 'Manufactured home' 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."' 11.066 'Recreational vehicle' means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; 10 Y (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use." ".067 'Special flood hazard area (SFHA)' means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AE, or AH on the FIRM." ".075 'Substantial damage' means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred." SECTION 15. That new subsections .015 and .035 be, and the same are hereby, added to Section .050 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code to read as follows: 11.015 Accessory uses. For purposes of this Chapter, an 'accessory use' means a use which is incidental and subordinate to the proposed use of the parcel of land on which it is located." ".035 Recreational vehicles." SECTION 16. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 17. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, I:\DOCS\SMDOCS\FLOODI 11 Y shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 7th day of May , 1991. J%YOR OF THE tiTi n ATTEST:I ' ;�X� CITY CLERK OF THE CITY OF ANAHEIM ORDRES\042FLOOD.17 I:\DOCS\SMDOCS\FLOODI 12 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5217 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of April, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 7th day of May, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5217 on the 8th day of May, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of May, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5217 and was published once in the Anaheim Bulletin on the 17th day of May, 1991. CITY CLERK OF THE CITY OF ANAHEIM