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