6512ORDINANCE NO. 6 512
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 17.28 (FLOOD HAZARD REDUCTION) OF TITLE
17 (LAND DEVELOPMENT AND RESOURCES) AND
CHAPTER 18.28 (FLOODPLAIN "FP" OVERLAY ZONE) OF
THE ANAHEIM MUNICIPAL CODE RELATING TO THE
IDENTIFICATION OF FLOOD HAZARD AREAS AND THE
REDUCTION OF FLOOD HAZARDS AND MAKING
FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, on June 27, 1975, the City first participated in the National Flood Insurance
Program (NFIP) through the Emergency Program of the Federal Emergency Management Agency
(FEMA); and
WHEREAS, the National Flood Insurance Program (NFIP) is based on an agreement
between the Federal Emergency Management Agency (FEMA) and participating communities that
have been identified to be flood prone; and
WHEREAS, the Federal Emergency Management Agency (FEMA), makes flood
insurance available to the residents of a participating community, provided the community adopts
and enforces adequate floodplain management regulations that meet the minimum National Flood
Insurance Program (NFIP) requirements; and
WHEREAS, on June 3, 1980, the Council adopted Ordinance No. 4138, thereby adding
Chapter 17.28 (Flood Hazard Reduction) to Title 17 (Land Development and Resources) of the
Anaheim Municipal Code with the purpose of protecting human life and health, and minimizing
public and private losses due to flooding in specific areas of the City; and
WHEREAS, on June 4, 1980, the City's Flood Insurance Rate Maps (FIRM) were first
issued by the Federal Emergency Management Agency (FEMA) through its Regular Program; and
WHEREAS, Chapter 17.28 (Flood Hazard Reduction) of the Anaheim Municipal Code
contains regulations that apply to all properties located within a Special Flood Hazard Area
(SFHA) as determined by the Federal Emergency Management Agency (FEMA) and identified in
the Flood Insurance Rate Maps (FIRM) of the National Flood Insurance Program (NFIP); and
WHEREAS, on February 5, 2021, representatives from the Federal Emergency
Management Agency (FEMA) conducted a Community Assistance Contact (CAC) with City staff
to maintain contact with the City as a participating community in the National Flood Insurance
Program (NFIP), provide any NFIP-related technical assistance, and assess the community's
enforcement of the NFIP requirements, and provided a report, dated on February 12, 2021, to the
City indicating potential deficiencies in the program and recommended amendments to Chapter
17.28 (Flood Hazard Reduction) and Chapter 18.28 (Floodplain "FP" Overlay Zone); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
Implementation of the California Environmental Quality Act.(commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents
for this ordinance; and
WHEREAS, the Planning Commission of the City of Anaheim, at its July 7, 2021 public
hearing, unanimously recommended, by motion, that the City Council determine that this
ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State
CEQA Guidelines and adopt this ordinance, because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment and is not a "project," as defined in Section
15378 of the State CEQA Guidelines; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA"), because adoption of this ordinance will not result
in a direct or reasonably foreseeable indirect physical change in the environment and therefore is
not a project as defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council")
has the authority to enact and enforce ordinances and regulations for the public peace, morals and
welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, the City Council determines that this ordinance is a matter of citywide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community and is a valid exercise of the local police power and in accord
with the public purposes and provisions of applicable State and local laws and requirements; and
WHEREAS, the City Council determines that this ordinance is in accord with the public
purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That the table of contents of Chapter 17.28 (Flood Hazard Reduction) of Title
17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same be
amended to read as follows:
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Chapter 17.28 FLOOD HAZARD REDUCTION
Sections:
17.28.010
Statement of purpose.
17.28.020
Methods of reducing flood losses.
17.28.030
Definitions.
17.28.040
Lands to which this chapter applies.
17.28.050
Basis for establishing the areas of special flood hazard.
17.28.060
Compliance with chapter.
17.28.070
Abrogation and greater restrictions.
17.28.080
Interpretation.
17.28.090
Warning and disclaimer of liability.
17.28.100
Establishment of development permit.
17.28.110
[Repealed].
17.28.120
Duties and responsibilities of the Planning Director.
17.28.125
Duties and responsibilities of the City Engineer.
17.28.130
Standards of construction.
17.28.140
Standards for storage of materials and equipment.
17.28.150
Standards for utilities.
17.28.160 Standards for subdivisions.
17.28.170 Standards for manufactured homes and manufactured home parks and
subdivisions.
17.28.180 Floodways.
17.28.190 Variance procedure.
17.28.195 Severability.
17.28.200 Compliance with other laws.
SECTION 2. That Section 17.28.010 (Statement of Purpose) of Chapter 17.28 (Flood
Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
17.28.010 STATEMENT OF PURPOSE.
.010 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:
.0101 To protect human life and health;
.0102 To minimize expenditure of public money for costly flood control projects;
.0103 To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
.0104 To minimize prolonged business interruptions;
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.0105 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;
.0106 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;
.0107 To insure that potential buyers are notified that property is in an area of
special flood hazard; and
.0108 To insure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
.020 Statutory Authorization. The Legislature of the State of California has in
Government Code Sections 65302, 65560, and 65800 conferred upon local governments
the authority to adopt regulations designed to promote the public health, safety, and general
welfare of its citizenry. Therefore, the City Council of the City of Anaheim does hereby
adopt the floodplain management regulations of this ordinance.
SECTION 3. That Section 17.28.030 (Definitions) of Chapter 17.28 (Flood Hazard
Reduction) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
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 City Engineer or Planning
Director's (or their designees) interpretation of any provision of this chapter or a request
for a variance.
.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.
.020 "Area of shallow flooding" means a designated AO, AH 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 flooding hazard" means the land in the flood plain within the
City subject to a one percent (1%) or greater chance of flooding in any given year. This
area is designated as Zone A, AE, Al -30, A99, AR, AO, AH, V, VO, VE, and V1-30 on
the FIRM.
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.040 'Base flood" means the amount of water generated from runoff of a storm and
having a one percent (1%) chance of being equaled or exceeded in any given year (also
called the 'one -hundred -year flood").
.045 'Base Flood Elevation (BFE)" means the elevation of the base flood, including
wave height, relative to the National Geodetic Vertical Datum (NGVD), North American
Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map
(FIRM).
.047 "Basement" means any area of a building having its floor subgrade (below
ground level) on all sides.
.050 "Breakaway wall" means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
.060 [Repealed].
.070 "City" means the City of Anaheim, California.
.080 "Coastal high hazard area" means the area subject 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.
.084 "Design Flood" means the flood associated with the greater of the following two
areas:
(1) Area with a flood plain subject to a 1 -percent or greater chance of flooding in
any year.
(2) Area designated as a flood hazard area on a community's flood hazard map,
or otherwise legally designated.
.085 "Design flood elevation" means the elevation of the "design flood," including
wave height, relative to the datum specified on the community's legally designated flood
hazard map. In areas designated as Zone AO, the design flood elevation shall be the
elevation of the highest existing grade of the building's perimeter plus the depth number
(in feet) specified on the flood hazard map. In areas designated as Zone AO where a
depth number is not specified on the map, the depth number shall be taken as being equal
to 2 feet (6 10 mm).
.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.
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.095 "Development permit" means for the purpose of Chapter 17.28 only, a building,
grading, conditional use permit or other permit relating to development as defined herein.
.098 'Elevation certificate" means the FEMA required elevation certificate.
.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 June 3, 1980, the effective date of the City's floodplain
management ordinance (Ordinance No. 4138).
.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).
.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 a 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.
.130 [Repealed].
.140 "Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Emergency Management Agency (FEMA) has delineated both the areas of
special flood hazards and the risk premium zones applicable to the City.
.150 "Flood Insurance Study" (FIS) means the official report provided by the Federal
Emergency Management Agency (FEMA) that includes flood profiles, the FIRM, the
Flood Hazard Boundary Map, and the water surface elevation of the base flood.
.155 "Floodplain" means any land area susceptible to "flood" or "flooding."
.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.
n
.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").
.165 "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
.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.
.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.
.169 "Letter of Map Change" means an official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map (FIRM) or Flood Insurance
Study (FIS).
(1) Letter of Map Amendment (LOMA): An amendment based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map
and establishes that a specific property, portion of a property, or structure is not
located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that
may show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a
structure or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer located within the special flood hazard area. In order
to qualify for this determination, the fill must have been permitted and placed in
accordance with the community's floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and
comment as to whether a proposed flood protection project or other project
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complies with the minimum NFIP requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR does not revise the effective
Flood Insurance Rate Map or Flood Insurance Study; upon submission and
approval of certified as -built documentation, a Letter of Map Revision may be
issued by FEMA to revise the effective FIRM.
.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.
.180 "Manufactured home" means a structure, transportable in one (1) 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."
.185 "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
.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 dated June 4, 1980, 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.
.191 "Mobile home" means a "mobilehome," as defined in Section 18008 of the
California Health and Safety Code, or any successor provisions thereto.
.192 "New 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 on or after June 3, 1980, the effective date of the City's floodplain
management ordinance.
.195 "Ordinance" means the provisions of Chapter 17.28 of the Anaheim Municipal
Code.
.200 "Recreational vehicle" means a vehicle which is: (a) built on a single chassis; (b)
four hundred (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.
.201 "Special flood hazard area (SFHA)" means the land in the floodplain within the
City subject to a one percent (1%) or greater chance of flooding in any given year. This
area is designated as Zone A, AE, Al -30, AO, AH, V, VO, VE, and V1-30 on the FIRM.
.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.
.220 "Structure" means a walled and roofed building, a gas or liquid storage tank
and/or a manufactured home that is principally above ground.
.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 fifty 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
(2) separate occasions during a ten (10) year period, for which the cost of repairs at the
time of each such flood event, on the average, equals or exceeds twenty-five percent
(25%) of the market value of the structure before the damage occurred.
.230 "Substantial improvement" means any rehabilitation, reconstruction, addition,
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 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 Planning Director and/or his/her designee 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."
.240 "Variance" means the grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited by this chapter.
.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 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 4. That Section 17.28.040 (Lands to which this Chapter Applies) of Chapter
17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
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.
SECTION 5. That Section 17.28.050 (Basis for Establishing the Areas of Special Flood
Hazard) of Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and
Resources) of the Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
17.28.050 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Anaheim dated June
4, 1980 and the Flood Insurance Rate Maps (FIRM) dated June 4, 1980 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 and/or City Engineer of the City of Anaheim.
SECTION 6. That Section 17.28.060 (Compliance with Chapter) of Chapter 17.28
(Flood Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
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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. Violation of the requirements (including violations of conditions and
safeguards) shall constitute a civil misdemeanor. Nothing herein shall prevent the City of
Anaheim from taking such lawful action as is necessary to prevent or remedy any
violation.
SECTION 7. That Section 17.28.090 (Warning and Disclaimer of Liability) of Chapter
17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
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 Emergency Management Agency (FEMA),
for any flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
SECTION 8. That Section 17.28.095 (Severability) of Chapter 17.28 (Flood Hazard
Reduction) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be,
and the same is hereby, added to read as follows:
17.28.095 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any part thereof, other than the part so
declared.
SECTION 9. That Section 17.28.100 (Establishment of Development Permit) of Chapter
17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
17.28.100 ESTABLISHMENT OF DEVELOPMENT PERMIT.
A development permit shall be obtained before any construction, subdivision, structure
and substantial improvement, other development, or placement of a mobile home begins
within any area of special flood hazard established pursuant to Section 17.28.050, hereof.
Application for a development permit shall include, but not necessarily be limited to,
plans in duplicate drawn to scale showing the nature, location, dimensions and elevation
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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 and prepared by a registered professional engineer or architect:
.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;
.020 Proposed elevation in relation to mean sea level, to which any non-residential
structure will be floodproofed;
.030 Certification by a registered professional engineer or architect that the
floodproofmg methods for any nonresidential structure meet the floodproofing criteria in
Section 17.28.130.030.033 and shall be noted on all plans and drawings submitted;
.040 Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development;
.050 Drainage studies and plans, indicating how site grading, in conjunction with any
necessary drainage conveyance systems, including applicable swales, watercourses,
channels, street flows, catch basins, storm drains, and floodwater retarding, will provide
building pads and lowest flood elevations that are safe from flood flows, which may be
expected from floods up to and including the design flood;
.060 Grading plans, including identified, on-site, finished grade elevations and the
design flood elevations, both related to mean sea level;
.070 Structural plans, including height of the lowest floor, including basement, related
to mean sea level;
.080 For development in Approximate Zone A areas, obtain, review, and reasonably
utilize any available Base Flood Elevation (BFE) data from federal, state, or other
sources in order for the Floodplains Administrator to establish a BFE; and
.090 Where BFE or floodway data are not included on the Flood Insurance Rate Map
(FIRM) or in the Flood Insurance Study (FIS), Base Flood Elevation data prepared by a
registered professional engineer in accordance with currently accepted engineering
practices. Such analyses shall be performed and sealed by a registered professional
engineer. Studies, analyses and computations shall be submitted in sufficient detail to
allow review and approval by the Planning Director, or designee. The accuracy of data
submitted for such determination shall be the responsibility of the applicant.
SECTION 10. That Section 17.28.110 (Administrator of Chapter) and 17.28.120 (Duties
and Responsibilities of the Planning Director) of Chapter 17.28 (Flood Hazard Reduction) of
Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is
hereby, deleted in its entirety.
SECTION 11. That Section 17.28.120 (Duties and Responsibilities of the Planning
Director) of Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and
12
Resources) of the Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
17.28.120 DUTIES AND RESPONSIBILITIES OF THE PLANNING DIRECTOR.
The Planning Director, or his/her designee, is hereby appointed to administer and
implement the regulations of this Chapter. Duties of the Planning Director, or designee,
shall include, but not be limited to:
.010 Development permit review and approval. Review all permits to determine:
.0101 Permit requirements of this ordinance have been satisfied, including
determination of substantial improvement and substantial damage of existing
structures;
.0102 All required state and federal permits have been obtained;
.0103 The site is reasonably safe from flooding;
.0104 Whether additional flood hazard data shall be obtained from other
sources or developed by the applicant;
.0105 All Letters of Map Change (LOMC) including Letters of Map Amendment
(LOMA) and Letters of Map Revision (LOMB) are approved and included in the
record prior to issuance of building permits. Building Permits shall not be issued
based on Conditional Letters of Map Amendment (CLOMA) or Conditional
Letters of Map Revision (CLOMR).
.020 Coordination with FEMA. The Planning Director shall
.0201 Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA, within six (6) months
of availability, the data and information necessary to maintain the Flood Insurance
Rate Maps when the analyses indicate changes in base flood elevations, flood
hazard area boundaries, or floodway designations;
.0202 Amend the floodplain management regulations and notify FEMA, within
six (6) months, in order to include all flood -prone areas within newly acquired
areas by means of annexation, incorporation, or otherwise, of another area to
enforce the provisions of this chapter; and
.0203 Submit or assure that the permit applicant submits technical or scientific
data to FEMA for a LOMB, within six (6) months of information becoming
available or project completion, whichever comes first.
.030 Maintenance of Records. In addition to the requirements of the building code
and these regulations, and regardless of any limitation on the period required for retention
of public records, the Planning Director, or designee, shall maintain and permanently
13
keep and make available for public inspection all records that are necessary for the
administration of these regulations and the flood provisions of the building codes,
including Flood Insurance Studies and Flood Insurance Rate Maps; documents from
FEMA that amend or revise FIRMS; records of issuance of permits and denial of permits;
determinations of whether proposed work constitutes substantial improvement or repair
of substantial damage; required certifications and documentation specified by the
building codes and these regulations; notifications to adjacent communities, FEMA, and
the State related to alterations of watercourses; assurance that the flood carrying capacity
of altered waterways will be maintained; records of lowest floor and floodproofmg
elevations for new construction and substantial improvements where base flood elevation
data are utilized, within Zone A on the City's FIRM; documentation related to variances,
including justification for issuance or denial; and records of enforcement actions taken
pursuant to these regulations and the flood resistant provisions of the building codes.
SECTION 12. That Section 17.28.125 (Duties and Responsibilities of the City Engineer)
of Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) of
the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
17.28.125 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.
.010 Development permit review and approval. Review all permit applications to
determine if the proposed development adversely 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 proposed 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 to any point.
020 Alteration of watercourses.
.0201 Notify, in riverain situations, adjacent communities and the State
Department of Water Resources prior to any alteration or relocation of a
watercourse, and submit copies of such notification to the Federal Emergency
Management Agency (FEMA).
.0202 Require that the flood carrying capacity of the altered or relocated
portion of said watercourse is maintained.
.030 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.
.031 Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary to
maintain the Flood Insurance Rate Maps when the analyses indicate changes in base
flood elevations, flood hazard area boundaries, or floodway designations; such
submissions shall be made within six (6) months of such data becoming available.
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SECTION 13. That Section 17.28.130 (Standards of Construction) of Chapter 17.28
(Flood Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
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 improvement 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 [Repealed].
.020 Construction materials and methods.
.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 improvement of any structure shall have the
lowest floor, including basement, elevated at least one foot above the base flood
elevation. Nonresidential structures may meet the standards in Section 17.28.130.022.
Prior to final building and zoning inspections, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor and an
elevation certificate completed and provided to the Planning Director, or his or her
designee.
.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 Planning
Director, or designee.
15
.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
(c) Be certified by a registered professional engineer or architect that the
standards of this subsection are satisfied. Such certification shall be provided to
the Planning Director, or designee.
.034 Mobile homes shall meet the above standards and also the standards in Section
17.28.170.
.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 openings having a total net area of not less than one 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 foot above grade.
Openings may be equipped with screens, louvers or valves.
.036 Within Zones AH and AO, adequate drainage paths shall be constructed around
structures on slopes to guide flood waters around and away from proposed structures.
SECTION 14. That Section 17.28.150 (Standards for Utilities) of Chapter 17.28 (Flood
Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
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.
.030 Utilities shall be designed to resist destruction from flood scour, and the
hydrostatic and hydrodynamic loads and effects of buoyancy.
16
SECTION 15. That Section 17.28.160 (Standards for Subdivision) of Chapter 17.28
(Flood Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
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 Planning Director, or
designee;
.030 All subdivision proposals shall be consistent with the need to minimize flood
damage;
.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.
SECTION 16. That Section 17.28.170 (Standards for Manufactured Homes and
Manufactured Home Parks and Subdivisions) of Chapter 17.28 (Flood Hazard Reduction) of
Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
17.28.170 STANDARDS FOR MANUFACTURED HOMES AND
MANUFACTURED HOME PARKS AND SUBDIVISIONS.
.010 Anchoring. All manufactured homes and additions to manufactured homes shall
be anchored and elevated to resist flotation, collapse, or lateral movement by one of the
following methods:
.0101 By providing an anchoring system designed to withstand horizontal
forces of twenty-five pounds per square foot and up -lift forces of fifteen pounds
per square foot;
.0102 By providing over -the -top and frame ties to ground anchors.
Specifically:
(i) Over -the -top ties be provided at each of the four corners of the
manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than fifty feet long require only
one additional tie per side;
17
(ii) Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured homes
less than fifty feet long require only four additional ties per side; and
components of the anchoring system be capable of carrying a force of four
thousand eight hundred pounds.
.020 Elevation. All manufactured homes that are placed, replaced, or substantially
improved on sites located: (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 upon which a manufactured home has incurred "substantial damage" as the
result of a flood, shall be elevated on a permanent foundation such that the lowest floor,
or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood
hazard area, is at or above the base flood elevation and securely anchored to an
adequately anchored foundation system to resist floatation, collapse, and lateral
movement.
.0201 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, shall be elevated on a
permanent foundation such that the lowest floor, or bottom of the lowest
horizontal member of 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.
.0202 In Zone Al -30, AH, and AE, all manufactured homes to be placed or
substantially improved on sites in an existing manufactured home park or
subdivision that are not subject to the provisions of 17.28.170.020, shall be
elevated so that the lowest floor is at or above the base flood elevation, or the
chassis is supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above grade and be
securely anchored to an adequately anchored foundation system to resist
floatation, collapse, and lateral movement.
.030 No manufactured home shall be placed in a floodway, except in an existing
manufactured home park or existing manufactured home subdivision;
.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 one hundred eighty consecutive days, (ii) be
fully licensed, operational, registered, and ready for highway use, or (iii) meet the permit
requirements in Section 17.28. 100 and the elevation and anchoring requirements for
"manufactured homes" in Section 17.28.170.020 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.
.050 Adequate surface drainage and access for a hauler shall be provided.
SECTION 17. That Section 17.28.190 (Variance Procedure) of Chapter 17.28 (Flood
Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
17.28.190 VARIANCE PROCEDURE.
The intent of section is to prohibit development that may increase flood levels which, in
turn, could increase potential flood damage to the development and to structures of other
property owners. In most cases, alternative locations for the proposed development are
available outside the limits of the special flood hazard area. Other actions may also be
taken or required as a condition of approval to compensate for increased flood levels. For
applications of Variances within the special flood hazard areas, the following provisions
apply:
.010 The City Engineer or Planning Director, or their designees, 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 in the enforcement or administration
of this chapter.
.030 The City Council decision shall be final and conclusive.
.040 In passing upon such applications, the City Engineer or Planning Director, or
their designees, shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter; and
.0401 The danger that materials may be swept onto other lands to the injury of
others;
.0402 The danger to life and property due to flooding or erosion damage;
.0403 The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
.0404 The importance of the services provided by the proposed facility to the
community;
.0405 The necessity to the facility of a waterfront location, where applicable;
.0406 The availability of alternative locations, for the proposed use which are
not subject to flooding or erosion damage;
19
.0407 The compatibility of the proposed use with existing and anticipated
development;
.0408 The relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
.0409 The safety of access to the property in times of flood for ordinary and
emergency vehicles;
.0410 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
.0411 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 City Clerk shall maintain a record of all variance actions, including
justifications for their issuance.
.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 While the granting of variances generally is limited to a lot size less than
one-half acre, deviations from that limitation may occur. However, as the lot size
increases beyond one-half acre, the technical justification required for issuing a
variance increases. Variances, in conformance with the procedures of .0704,
.0705, .0706, and .0707 of this section, may be issued by the City for new
construction and substantial improvements to be erected on a lot of one-half (1/2)
acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level. Variance requests on one or more lots
resulting in a project area larger than one-half (1/2) acre in size may require
certification of data by a registered professional engineer or architect
demonstrating that no technically feasible methods are available to alleviate or
mitigate drainage issues to the development or adjacent properties and structures
and justification demonstrating no alternative location is feasible.
20
.0704 Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
.0705 Variances shall only be issued upon:
(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.
.0706 Any applicant to whom a variance is granted shall be given written
notice by the Planning Director, or designee, 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 copy
of the notice shall be recorded by the Planning Director, or designee, in the office
of the Orange County Clerk Recorder and shall be recorded in the title of the
affected parcel of land.
SECTION 18. That Section 17.28.200 (Compliance with other laws) of Chapter 17.28
(Flood Hazard Reduction) of Title 17 (Land Development and Resources) of the Anaheim
Municipal Code be, and the same is hereby, added to read as follows:
17.28.200 COMPLIANCE WITH OTHER LAWS.
In the event of any conflict between any provision set forth in this chapter and any
provision set forth in Chapter 18.28 (Floodplain "FP" Overlay Zone) of the Anaheim
Municipal Code, or any other provision of law, the more restrictive provision shall
prevail.
SECTION 19. That the table of contents of Chapter 18.28 (Floodplain "FP" Overlay Zone)
of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same be amended to read as
follows:
Chapter 18.28 FLOODPLAIN (FP) OVERLAY ZONE
Sections:
18.28.010 Description and purpose.
18.28.020 Delineation of (FP) Overlay Zone boundaries.
18.28.030 Definitions.
18.28.040 Permitted uses.
18.28.050 Specifically prohibited uses.
18.28.060 [Repealed].
21
18.28.070 Compliance with other laws.
SECTION 20. That Section 18.28.010 (Description and Purpose) of Chapter 18.28
(Floodplain "FP" Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and
the same is hereby, amended to read as follows:
18.28.010 DESCRIPTION AND PURPOSE.
The Floodplain (FP) Overlay Zone is combined with existing zones in those areas
within the City of Anaheim which, under present conditions, are subject to periodic
flooding and accompanying hazards. The zoning designation for the property shall
constitute the base or underlying zone and the designation (FP) shall constitute an overlay
zone. In the event of conflicting provisions between the underlying zone and the (FP)
Overlay Zone regulations, the more restrictive regulations shall apply. The objectives of
the (FP) Overlay Zone are as follows:
.010 Prevent the loss of life and property, and minimize economic loss caused by
flood flows.
.020 Establish criteria for land management and land use in flood -prone areas that are
consistent with the criteria promulgated by the Federal Emergency Management Agency
(FEMA), for the purpose of providing flood insurance eligibility for property owners.
.030 Prohibit encroachments, new construction, or other improvements or
development that would obstruct or divert the flow of floodwaters within a regulatory
floodway.
.040 Regulate and control the use of land below the elevation of the design flood flow
within the remainder of the floodplain.
.050 Compliance with the Cobey-Alquist Floodplain Management Act requirements
for floodplain management regulations.
SECTION 21. That Section 18.28.020 (Delineation of (FP) Overlay Zone Boundaries) of
Chapter 18.28 (Floodplain "FP" Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
18.28.020 DELINEATION OF (FP) OVERLAY ZONE BOUNDARIES.
Areas of the City of Anaheim hereby designated as being within the Floodplain (FP)
Overlay Zone are specified as follows:
.01.0 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 Emergency Management Agency (FEMA) .
.020 "Special flood hazard area" ("SFHA"), as shown on the FIRM and as defined
herein.
22
.030 Other areas not shown as a "regulatory floodway" or "special flood hazard area"
on the FIRM, but in which the Federal Emergency Management Agency ("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 22. That Section 18.28.030 (Definitions) of Chapter 18.28 (Floodplain "FP"
Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
18.28.030 DEFINITIONS.
The purpose of this section is to set forth definitions of certain words, terms and
phrases used in this chapter in order to promote consistency and uniformity in their
usage, and thereby facilitate interpretation. Words, terms and phrases not specifically
defined in this section shall, for purposes of this chapter, be construed and defined as set
forth in Section 17.28.030 (Definitions) of Chapter 17.28 (Flood Hazard Reduction) of
the Anaheim Municipal Code.
.010 "B" Words, Terms and Phrases.
"Base Flood." The amount of water generated from runoff of a storm, and having a
one percent (1%) chance of being equaled or exceeded in any given year (also called the
"100 -Year Flood").
"Base Flood Elevation" ("BFE"). The elevation of the base flood, including wave
height, relative to the National Geodetic Vertical Datum (NGVD), North American
Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map
(FIRM)
.020 "D" Words Terms and Phrases.
"Design Flood" means the flood associated with the greater of the following two
areas:
(1) Area with a flood plain subject to a 1 -percent or greater chance of flooding
in any year.
(2) Area designated as a flood hazard area on a community's flood hazard
map, or otherwise legally designated.
.030 "F" Words, Terms and Phrases.
"Flood Insurance Rate Map" ("FIRM"). The official map on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
23
"Flood" or "Flooding." 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 herein.
"Floodplain." Any land areas susceptible to flood or flooding.
"Floodway." 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."
.040 "M" Words, Terms and Phrases.
"Manufactured Home." A structure, transportable in one (1) 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 recreational vehicle.
.050 [Repealed].
.060 "S" Words, Terms and Phrases.
"Special Flood Hazard Area" ("SFHA"). The land in the floodplain within the City
subject to a one percent (1%) or greater chance of flooding in any given year. This area
is designated as Zone A, AO, AE or AH on the FIRM.
"Structure." 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.
SECTION 23. That Section 18.28.040 (Permitted Uses) of Chapter 18.28 (Floodplain
"FP" Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
18.28.040 PERMITTED USES.
Where permitted or conditionally permitted in the underlying zone, the following uses
shall be permitted in the (FP) Overlay Zone.
.010 "Accessory Uses," which, for the purposes of this chapter, are uses that are
incidental and subordinate to the primary use of the parcel of land on which such use is
located.
FM
.020 Dwellings.
.030 Excavation and removal of rock, sand, gravel and other materials, provided that
the integrity of the watercourse is preserved, such that the permitted excavation areas
continue to receive and release floodwaters in a manner equal to that experienced prior to
any extraction. Further, such excavations shall not create a potential hazard to adjacent
properties, resulting from flood or erosion conditions.
.040 Flood control channels, levees, spreading basins and grounds, roads, bridges,
storm drains and other flood control facilities and devices, where the Director of the
Public Works Department or the Director of the Planning and Building Department, as
appropriate, has determined that the design has been approved by the governmental
agencies having jurisdiction.
.050 General agricultural uses, including farming, pastures or forestry projects;
provided there are no permanent structures, landfill, storage of materials or equipment, or
stream alterations that would result in any diversion or increase in flood levels within the
designated floodway.
.060 Permanent structures or buildings, including those necessary for conveyance of
flood and drainage waters and for transit of public utilities and roads.
.070 Public park projects, including picnic grounds, golf courses, athletic fields and
courts, playgrounds, riding and hiking trails, wildlife and natural preserves, and similar
public open space uses, as developed and controlled by the City or other public agency..
.080 Private recreation areas, including parks, campgrounds, playgrounds, fishing
lakes, riding and hiking trails, hunting clubs, parking lots, wildlife and natural preserves,
golf courses, athletic fields and similar open space uses.
.090 Public utility transmission lines and conduits.
SECTION 24. That Section 18.28.060 (Required Procedures and Development
Standards) of Chapter 18.28 (Floodplain "FP" Overlay Zone) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, deleted in its entirety.
SECTION 25. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
25
SECTION 26. CERTIFICATION
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, published and circulated in the City of Anaheim.
SECTION 27. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 10 day of Augt,ct , 2021, and thereafter
passed and adopted at a regular meeting of said City Council held on the 24 day of
August , 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Moreno, Valencia, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
[one City Council vacancy]
CIT
A
CITY CLER OF THE CITY OF ANAHEIM
142945v2
26
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6512 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 10th day of August, 2021, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 24th day of August, 2021, by the following
vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
[One City Council vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 25th of August, 2021.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin
1771 S. Lewis Street
Anaheim, CA 92805
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
FILE NO. ORDINANCE NO. 6512
AFFIDAVIT 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 eighteen 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:
09/02/2021
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct.
Executed at Anaheim, Orange County, California, on
Date: September 02, 2021.
(11 k �,- a �- C m):, j
Signature
PROOF OF PUBLICATION
Legal No. 0011483947
SUMMARY PUBLICATION
CITYOFANAHEIM
ORDINANCE NO. 6512
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 17.28 (FLOOD HAZARD REDUCTION) OF TITLE
17 (LAND DEVELOPMENT AND RESOURCES) AND CHAP-
TER 18.28 (FLOODPLAIN "FP" OVERLAY ZONE) OF THE
ANAHEIM MUNICIPAL CODE RELATING TO THE IDENTI-
FICATION OF FLOOD HAZARD AREAS AND THE REDUC-
TION OF FLOOD HAZARDS AND MAKING FINDINGS AND
DETERMINATIONS IN CONNECTION THEREWITH
This ordinance amends Chapter 17.28 (Flood Hazard Reduction) of Title
17 (Land Development and Resources) and Chapter 18.28 (Floodplain "F-
P" Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code and
adopts floodplain management regulations meeting the requirements of
the Federal Emergency Management Agency (FEMA) and the FEMA's
National Flood Insurance Program.
I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is a summary of Ordinance No. 6512, which ordinance was
introduced at a regular meeting of the City Council of the City of Ana-
heim on the loth day of August, 2021 and was duly passed and adopted at
a regular meeting of said Council on the 24th day of August, 2021 by the
following roll call vote of the members thereof:
AYES:
Mayor Sidhu and Council Members Faessel, Diaz,
Moreno, Valencia, and O'Neil
NOES:
None
ABSENT:
None
ABSTAIN:
None
[One City Council vacancy]
The above summary is a brief description of the subject matter contained
in the text of Ordinance No. 6512, which has been prepared pursuant to
Section 512 of the Charter of the City of Anaheim. This summary does not
include or describe every provision of the ordinance and should not be re-
lied on as a substitute for the ful I text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office
of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday
through Friday. There is no charge for the copy.
Published Anaheim Bulletin Sept.2, 2021 11483947
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6512 and was published in the Anaheim Bulletin on the 21d
day of September, 2021, pursuant to Section 512 of the City Charter of the City of
Anaheim.
CITY dLERK OF THE CITY OF ANAHEIM
(SEAL)