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4136ORDINANCE NO. 4136 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING ., CHAPTER 17.28 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FLOOD HAZARD REDUCTION. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That new Chapter 17.28 be, and the same is hereby, added to Title 17 of the Anaheim Municipal Code to read as follows: "CHAPTER 17.28 FLOOD HAZARD REDUCTION 17.28.010 STATEMENT OF PURPOSE It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: .010 To protect human life and health; .020 To minimize expenditure of public money for costly flood control projects; .030 To minimize the need for rescue and relief efforts associated with flooding and generally under- taken at the expense of the general public; .040 To minimize prolonged business interruptions; .050 To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; .060 To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; .070 To insure that potential buyers are notified that property is in an area of special flood hazard; and -1- .080 To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. 17.28.020 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Chapter includes methods and provisions for: .010 Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; .020 Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; .030 Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; .040 Controlling filling, grading, dredging, and other development which may increase flood damage; and .050 Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 17.28.030 DEFINITIONS 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. .010 "Appeal" means a request for a review of the Building Official's interpretation of any provision of this Chapter or a request for a variance. .020 "Area of shallow flooding" means a designated AO or VO 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. .030 "Area of special flood hazard" means the land in the flood plain 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, AH, Al -30, VO, and V1-30 on the FIRM. -2- .040 "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. .050 "Breakaway walls" mean any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without 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. .060 "Building Official" means the Chief Building Inspector of the City of Anaheim, or his designated representative. .070 "City" means the City of Anaheim, California. .080 "Coastal high hazard area" means the area sub- ject to high velocity waters, including but not limited to coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V1-30. .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 located within the area of special flood hazard. .100 "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the con- struction of streets) is completed before the effective date of this Chapter. .110 "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). .120 "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: -3- (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. .130 "Flood Boundary Floodway Map" means the official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. .140 "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City. .150 "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. .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. The floodway is delineated on the Flood Boundary Floodway Map. .170 "Habitable floor" means any floor usable for liv- ing purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". .180 "Mobile home" means a structure that is transport- able in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. .190 "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. .200 "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities or servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the con- struction of streets) is completed on or after the effective date of this Chapter. -4- .210 "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construc- tion 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 erec- tion 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including), at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. .220 "Structure" means a walled and roofed building or mobile home that is principally above ground. .230 "Substantial improvement" means any repair, re- construction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "sub- stantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: -5- (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. .240 "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. 17.28.040 LANDS TO WHICH THIS CHAPTER APPLIES This Chapter shall apply to all areas of special flood hazards within the corporate limits of the City of Anaheim. 17.28.050 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineer- ing report entitled "The Flood Insurance Study for the City of Anaheim," dated June 4, 1980, with an accompanying Flood Insurance Rate Map (FIRM) is hereby adopted by reference and declared to be a part of this Chapter. Copies of said Flood Insurance Study and Map are on file in the offices of the Planning Director, City Engineer and Building Official of the City of Anaheim. 17.28.060 COMPLIANCE WITH CHAPTER No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. 17.28.070 ABROGATION AND GREATER RESTRICTIONS This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. om 17.28.080 INTERPRETATION In the interpretation and application of this Chapter, all provisions shall be: .010 Considered as minimum requirements; .020 Liberally construed in favor of the City; and .030 Deemed neither to limit nor repeal any other powers granted under the state constitution or applicable statutes. 17.28.090 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Anaheim, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result reliance on this Chapter or any administrative decision lawfully made thereunder. 17.28.100 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construc- tion or development 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 fore- going. Specifically, the following information shall be required: .010 Proposed elevation in relation to mean sea level, of the lowest habitable floor ( including basement) of all structures; in Zone AO elevation of existing grade and proposed elevation of lowest habitable floor of all structures. .020 Proposed elevation in relation to mean sea level to which any structure will be floodproofed; -7- .030 Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing --. criteria in Section 17.28.130.030.033; and .040 Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 17.28.110 ADMINISTRATOR OF CHAPTER The Building Official is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. 17.28.120 DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL Duties of the Building Official shall include, but not be limited to: .010 Permit Review .011 Review all development permits to determine that the permit requirements of this Chapter have been satisfied. .012 Review all permits to determine that the site is reasonably safe from flooding. .013 Review all development permits to determine if the proposed development ad- versely affects the flood carrying capacity of the area of special flood hazard. For purposes of this Chapter, "adversely affects" means that the cumulative effect of the pro- posed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. .020 When base flood elevation data has not been pro- vided in accordance with Section 17.28.050 hereof, the Building Official shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of this Chapter. .030 Information to be Obtained and Maintained Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: .031 the certified elevation required in Section 17.28.130.030.031. .032 the certification required in Section 17.28.130.030.032. .033 the floodproofing certification required in Section 17.28.130.030.033. .034 the certified elevation required in Section 17.28.160.020. .040 Alteration of Watercourses .041 Notify adjacent communities prior to any alteration or relocation of a water- course, and submit evidence of such notification to the Federal Insurance Administration. .042 Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. .050 Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 17.28.190 hereof. 17.28.130 STANDARDS OF CONSTRUCTION In all areas of special flood hazards the following standards are required: .010 Anchoring .011 All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. .012 All mobile homes shall meet the anchoring standards of Section 17.28.170.010. ME .020 Construction Materials and Methods .021 All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. .022 All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. .030 Elevation and Floodproofing .031 New construction and substantial improve- ment of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Non- residential structures may meet the standards in Section 17.28.130.030.033. Upon completion of the structure, the elevation of the lowest habitable floor including basement shall be certified by a registered professional engineer or surveyor and provided to the official set forth in Section 17.28.120.030. .032 New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated to or above the depth number specified on the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated one foot above the crown of the nearest street. Nonresi- dential 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 provided to the official set forth in Section 17.28. 120 .030. .033 Nonresidential construction shall either be elevated in conformance with Section 17.28.130.030.031 or 17.28.130.030.032 or together with attendant utility and sanitary facilities: (a) be floodproofed so that below the base flood level 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 -10- (c) be certified by a registered profes- sional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 17.28.120.030.033. .034 Mobile homes shall meet the above standards and also the standards in Section 17.28.170. 17.28.140 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT .010 The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. .020 Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 17.28.150 STANDARDS FOR UTILITIES .010 All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters; .020 On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 17.28.160 STANDARDS FOR SUBDIVISIONS .010 All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. .020 All final subdivision plans will provide the elevation of proposed structure(s) and pads. 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 official as set forth in Section 17.28.120.030.033. .030 All subdivision proposals shall be consistent with the need to minimize flood damage; -11- .040 All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; .050 All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 17.28.170 STANDARDS FOR MOBILE HOMES AND MOBILE HOME PARKS AND SUBDIVISIONS .010 Anchoring All mobile homes and additions to mobile homes shall be anchored to resist flotation, collapse, or lateral movement by one of the following methods: .011 by providing an anchoring system designed to withstand horizontal forces of 25 pounds per square foot and up lift forces of 15 pounds per square foot; .012 by providing over -the -top and frame ties to ground anchors. Specifically: (a) over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate loca- tions, with mobile homes less than 50 feet long require only one addi- tional tie per side; (b) frame ties be provided at each corner of the home with five addi- tional ties per side at intermediate points, with mobile homes less than 50 feet long require only four addi- tional ties per side; and (c) all components of the anchoring system be capable of carrying a force of 4,800 pounds. .020 Mobile Home Parks and Mobile Home Subdivisions The following standards are required for (a) mobile homes not placed in mobile home parks or subdiv- isions, (b) new mobile home parks or subdivisions, (c) expansions to existing mobile home parks or sub- divisions and, (d) repair, reconstruction, or improve- ments to existing mobile home parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. -12- .021 Adequate surface drainage and access for a hauler shall be provided. .022 All mobile homes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the mobile home is at or 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 feet apart; and (c) reinforcement shall be provided for pilings more than six feet above the ground level. .030 No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision. .040 No mobile home shall be placed in a coastal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. 17.28.180 FLOODWAYS Located within areas of special flood hazard established in Section 17.28.050 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, poten- tial projectiles, and erosion potential, the following provisions apply: .010 Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demon- strating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. .020 Prohibit the placement of any mobile homes except in an existing mobile home park or subdivision. -13- 17.28.190 VARIANCE PROCEDURE .010 The City Council of the City of Anaheim shall hear and decide appeals and requests for variances from the requirements of this Chapter. .020 The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this Chapter. .030 The City Council shall be final and conclusive. .040 In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter; and .041 the danger that materials may be swept onto other lands to the injury of others; .042 the danger to life and property due to flooding or erosion damage; .043 the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; .044 the importance of the services provided by the proposed facility to the community; .045 the necessity to the facility of a water- front location, where applicable; .046 the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; .047 the compatability of the proposed use with existing and anticipated development; .048 the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; .049 the safety of access to the property in times of flood for ordinary and emergency vehicles; .050 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 -14- .051 the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. .050 Upon consideration of the factors of Section 17.28.190.040 and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. .060 The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. .070 Conditions for Variances .010 Variances may be issued for the reconstruc- tion, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. .020 Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. .030 Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. .040 Variances shall only be issued upon: .041 a showing of good and sufficient cause; .042 a determination that failure to grant the variance would result in exceptional hardship to the applicant; and .043 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. -15- .050 Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation." SECTION 2. 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 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 3rd day of June, 1980. ATTEST: CITY)CLERK OF THE TY OF ANAHEIM JLW:jh -16- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk.of the City of Anaheim, do hereby certify that the foregoing Ordinance No..4136`was introduced.at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of May, 1980, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 3rd day of June, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL. MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4136 on the 3rd day of June, 1980.. IN WITNESS WHEREOF, I have hereunto set my hand and affixedtheofficial seal of the City of Anaheim this 3rd•day of June, 1980. CITY C�RKOF THE CI OF ANAHEIM (SEAL) 1, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4136 and was published once in the Anaheim Bulletin on the 13th day of June, 1980. CITY CLERK