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5681ORDINANCE NO. 5681 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SUBSECTIONS OF SECTIONS 17.28.030, 17.28.100, 17.28.130 AND 17.28.190 OF CHAPTER 17.28 OF TITLE 17 AND AMENDING SUBSECTION .075 OF SECTION 18.90.030 OF CHAPTER 18.90 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FLOOD HAZARD REDUCTION. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. - That new subsection .047 be, and the same is hereby, added to Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code to read as follows: 11.047 'Basement' means any area of a building having its floor subgrade (below ground level) on all sides." SECTION 2. That subsection .060 of Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 'Building Official' means the Chief Building Official of the City of Anaheim, or his or her designated representative." SECTION 3. That subsection .170 of Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".170 'Lowest floor' means the lowest floor of the lowest enclosed area including basement, as defined in subsection .047 hereof. An unfinished or flood resistant enclosure below the lowest floor of a non- residential structure 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 of a non-residential structure, provided it conforms to applicable non - elevation design requirements, including, but not limited to: (a) the wet flood proofing standards in subsection 17.28.130.033; (b) the anchoring standards in subsection 17.28.130.011; (c) the construction materials and methods standards in subsection 17.28.130.020; and (d) the standards for utilities in subsection 17.28.150. For residential structures, all subgrade enclosed areas, including below -grade garages and storage areas, are prohibited as they are considered to be basements." SECTION 4. That new subsection .195 be, and the same is hereby, added to Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code to read as follows: 11.195 Ordinance' means the provisions of Chapter 17.28 of the Anaheim Municipal Code." SECTION 5. That new subsections .250 and .260 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: ".250 'Violation' means the failure of a structure or other development to fully comply with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. .260 'Remedy a violation' 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 - 2 - provisions of the ordinance or otherwise determining future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development." SECTION 6. That subsection .020 of Section 17.28.100 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Proposed elevation in relation to mean sea level, to which any non-residential structure will be floodproofed;" SECTION 7. That subsection .032 of Section 17.28.130 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".032 New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM plus one foot, or at least three feet above the highest adjacent grade if no depth number is specified. Nonresidential structures may meet the standards in Section 17.28.130.030.033. Upon completion of the structure, a registered professional engineer shall certify that the elevation of the structure meets this standard and provide the certification to the official set forth in Section 17.28.120.030." SECTION 8. That subsections .060 and .070 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: ".060 The City Clerk shall maintain a record of all variance actions, including justifications for their issuance, and report such variances issued in the biennial report - 3 - submitted to the Federal Insurance Administration. 070 Conditions for Variances. .0701 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. .0702 Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. .0703 Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. upon: .0704 Variances shall only be issued (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. ".0705 Any applicant to whom a variance is granted shall be given written notice by the City Clerk that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to $25.00 for $100.00 of insurance coverage. A - 4 - copy of the notice shall be Floodplain Administrator in Orange County Clerk Recorder recorded in the title of the of land." SECTION 9. recorded by the the office of the and shall be affected parcel That subsection .075 of Section 18.90.030 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".075 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. Substantial damage also means flood -related damage sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 250 of the market value of the structure before the damage occurred." SECTION 10. 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 11. 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, shall be construed as restatements and continuations, and not as new enactments. - 5 - SECTION 12. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th day of May 1999. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 28499.2 - 6 - MAYOR OF THE CITY OF AHEIM 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. 5681 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of May, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of May, 1999, by the following vote of the members thereof: AYES: NOES: ABSENT MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5681 on the 11th day of May 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of May, 1999. 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. 5681 and was published once in the North County News on the 20th day of May, 1999. a CITY CLERK OF THE CITY OF ANAHEIM PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange, ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of twenty one years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 20, 1999 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Date May 20, , 19 99 Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 This space is for the County Clerk's Filing Stamp Proof of Publication of Ayes: ohd FOWFus, KrInQ, McCracken. TO111, Doty Noe;. None, Abstain: Noes Absent: None This ardtnagca'QMerlfli} KN S� t ns 0 1 Sectidrxi 17 5 17� 1(I 7 0 and 11 28. } sr 11. Of a 90 , B�Fa®pter 16.90 Ctf 'IX , Of AnOWMMuniclpol Code relating to flood H and keductlon, If you wish a fWl copy of the t1 1 of the Obob® Ordinance, pike ceak the dt'llce af;tf'k CC� Clerk of Anc)helm, 765 6'6. bet on 84 a.m, and 5:00 P.M. Monday thro Frld There is no charge for the copy. Publish: Anaheim Bulletin May 20, 1999 25-73'!1 5CU201100 PROOF OF PUBLICATION