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4879FOLLOWS: ORDINANCE NO. 4879 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.28.030, 17.28.1009 17.28.120, 17.28.130, 17.28.170; ADDING SUBSECTIONS 17.28.030.165, 17.28.030.185, 17.28.120.060, 17.28.130.035; AND REPEALING SUBSECTIONS 17.28.030.100, 17.28.030.1103, 17.28.030.200, 17.28.130.021, 17.28.130.030, 17.28.170.020 AND 17.28.170.040 OF CHAPTER 17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FLOOD HAZARD REDUCTION. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.030.020 to read as follows: ".020 'Area of shallow flooding' means a designated A0, AH or VO Zone, if applicable, on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not'exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident." SECTION 2. That Section 17.28.030 of Chapter 7.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.030.120 to read as follows: ".120 'Flood' or 'flooding' means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. (3) 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 natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition." SECTION 3. That Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by adding Subsection 17.28.030.165 to read as follows: ".165 'Highest adjacent grade' means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure." SECTION 4. That Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.030.170 to read as follows: ".170 'Lowest Floor' means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, 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 that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter." SECTION 5. That Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.030.180 to read as follows: ".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 connected to the required utilities. For flood plain management purposes the term 'manufactured home' also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term 'manufactured home' does not include park trailers, travel trailers, and other similar vehicles." SECTION 6. That Section 17.28.30 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by adding Subsection 17.28.030.185 to read as follows: IVAM ".185 Subdivision' means land divided into for rent or sale." SECTION 7. 'Manufactured Home Park or a parcel (or contiguous parcels) of two or more manufactured home lots That Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.030.210 to read as follows: ".210 'Start of Construction' includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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." SECTION 8. That Section 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.030.220 to read as follows: ".220 'Structure' means a walled and roofed building or manufactured home that is principally above ground." SECTION 9. That Section 17.28.100 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.100.010 to read as follows: 11.010 Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO elevation of existing grade and proposed elevation of lowest floor of all structures." -3- SECTION 10. That Section 17.28.120 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.120.041 to read as follows: ".041 Notify, in riverine situations, adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a water course, and submit copies of such notification to the Federal Insurance Administration." SECTION 11. That Section 17.28.120 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by adding Subsection 17.28.120.060 to read as follows: ".060 Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972." SECTION 12. That Section 17.28.130 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsections 17.28.130.011 and 17.28.130.012 to read as follows: 11.011 All new construction and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. .012 All manufactured homes shall meet the anchoring standards of Subsection 17.28.170.010." -4- SECTION 13. That Section 17.28.130 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsections 17.28.130.030.031 and 17.28.130.030.032 to - read as follows: ".031 New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Subsection 17.28.130.030.033. 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 official set forth in Subsection 17.28.120.030. .032 New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above in feet the depth number specified on the FIRM above the highest adjacent grade. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated two (2) feet above the highest adjacent grade. 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 provided to the official set forth in Section 17.28.120.030." SECTION 14. That Section 17.28.130 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by adding Subsection 17.28.130.035 to read as follows: ".035 All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (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, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters." -5- SECTION 15. That Section Anaheim Municipal Code read as follows: "17.28.170 SECTION 16. 17.28.170 of Chapter 17.28 of Title of the be, and it is hereby, amended in title to STANDARDS FOR MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND SUBDIVISIONS." That Section 17.28.170 of Chapter 17.28 of Title of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsection 17.28.170.010 to read as follows: 11.010 Anchoring. All manufactured homes and additions to manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by one of the following methods: (a) by providing an anchoring system designed to withstand horizontal forces of twenty-five (25) pounds per square foot and up -lift forces of fifteen (15) pounds per square foot; (b) by providing over -the -top and frame ties to ground anchors. Specifically: (i) Over -the -top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long require only one (1) additional tie per side; (ii) Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long require only four (4) additional ties per side; and (iii) All components of the anchoring system be capable of carrying a force of 4,800 pounds." SECTION 17. That Section 17.28.170 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by adding new Subsection 17.28.170.015 to read as follows: 11.015 All manufactured homes placed or substantially improved within Zones Al -30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system in accordance with Subsection 17.28.170.010 above." SECTION 18. That Section 17.28.170 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by renumbering 17.28.170.021 as 17.28.170.018. SECTION 19. That Section 17.28.170 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended by amending Subsections 17.18.170.022 and 17.18.170.030 to read as follows: ".022 All manufactured homes shall be placed on pads or lots elevated on compacted fill, or on pilings so that the lowest floor of the manufactured 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 (10) feet apart; and (c) Reinforcement shall be provided for pilings more than six (6) feet above the ground level. .030 No manufactured home shall be placed in a floodway, except in an existing manufactured home park or existing manufactured home subdivision." SECTION 20. That Subsections 17.28.030.100, 17.28.030.110, 17.28.030.200, 17.28.130.021, 17.28.170.020 and 17.28.170.040 of Sections 17.28.030, 17.28.130 and 17.28.170, respectively, of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and they are hereby, repealed. -7- SECTION 21. 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. SECTION 22. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, 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 23. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 1st day of December, 1987. V-oZL4 o+—\ MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JWF:fm 1968L 081787 CLERK 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. 4879 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 17th day of November, 1987, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 1st day of December, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ehrle AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4879 on the 1st day of December, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of December, 1987. CITY CLERK OF THE CITY OF ANAHEI (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4879 and was published once in the Anaheim Bulletin on the 11th day of December, 1987. CITY CLERK