5681ORDINANCE NO. 5681
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SUBSECTIONS OF SECTIONS 17.28.030,
17.28.100, 17.28.130 AND 17.28.190 OF CHAPTER
17.28 OF TITLE 17 AND AMENDING SUBSECTION
.075 OF SECTION 18.90.030 OF CHAPTER 18.90 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO FLOOD HAZARD REDUCTION.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
- That new subsection .047 be, and the same is hereby,
added to Section 17.28.030 of Chapter 17.28 of Title 17 of the
Anaheim Municipal Code to read as follows:
11.047 'Basement' means any area of a
building having its floor subgrade (below
ground level) on all sides."
SECTION 2.
That subsection .060 of Section 17.28.030 of Chapter
17.28 of Title 17 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".060 'Building Official' means the
Chief Building Official of the City of
Anaheim, or his or her designated
representative."
SECTION 3.
That subsection .170 of Section 17.28.030 of Chapter
17.28 of Title 17 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".170 'Lowest floor' means the lowest
floor of the lowest enclosed area including
basement, as defined in subsection .047
hereof. An unfinished or flood resistant
enclosure below the lowest floor of a non-
residential structure that is usable solely
for parking of vehicles, building access or
storage, in an area other than a basement
area, is not considered a building's lowest
floor of a non-residential structure,
provided it conforms to applicable non -
elevation design requirements, including, but
not limited to: (a) the wet flood proofing
standards in subsection 17.28.130.033; (b)
the anchoring standards in subsection
17.28.130.011; (c) the construction materials
and methods standards in subsection
17.28.130.020; and (d) the standards for
utilities in subsection 17.28.150. For
residential structures, all subgrade enclosed
areas, including below -grade garages and
storage areas, are prohibited as they are
considered to be basements."
SECTION 4.
That new subsection .195 be, and the same is hereby,
added to Section 17.28.030 of Chapter 17.28 of Title 17 of the
Anaheim Municipal Code to read as follows:
11.195 Ordinance' means the provisions
of Chapter 17.28 of the Anaheim Municipal
Code."
SECTION 5.
That new subsections .250 and .260 be, and the same are
hereby, added to Section 17.28.030 of Chapter 17.28 of Title 17
of the Anaheim Municipal Code to read as follows:
".250 'Violation' means the failure of a
structure or other development to fully
comply with this ordinance. A structure or
other development without the elevation
certificate, other certifications, or other
evidence of compliance required in this
ordinance is presumed to be in violation
until such time as that documentation is
provided.
.260 'Remedy a violation' means to bring
the structure or other development into
compliance with State or local floodplain
management regulations, or, if this is not
possible, to reduce the impacts of its
noncompliance. ways that impacts may be
reduced include protecting the structure or
other affected development from flood
damages, implementing the enforcement
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provisions of the ordinance or otherwise
determining future similar violations, or
reducing State or Federal financial exposure
with regard to the structure or other
development."
SECTION 6.
That subsection .020 of Section 17.28.100 of Chapter
17.28 of Title 17 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".020 Proposed elevation in relation to
mean sea level, to which any non-residential
structure will be floodproofed;"
SECTION 7.
That subsection .032 of Section 17.28.130 of Chapter
17.28 of Title 17 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".032 New construction and substantial
improvement of any structure in zone AO shall
have the lowest floor, including basement,
elevated above the highest adjacent grade to
a height exceeding the depth number specified
in feet on the FIRM plus one foot, or at
least three feet above the highest adjacent
grade if no depth number is specified.
Nonresidential structures may meet the
standards in Section 17.28.130.030.033. Upon
completion of the structure, a registered
professional engineer shall certify that the
elevation of the structure meets this
standard and provide the certification to the
official set forth in Section 17.28.120.030."
SECTION 8.
That subsections .060 and .070 of Section 17.28.190 of
Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and
the same is hereby, amended to read as follows:
".060 The City Clerk shall maintain a
record of all variance actions, including
justifications for their issuance, and report
such variances issued in the biennial report
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submitted to the Federal Insurance
Administration.
070 Conditions for Variances.
.0701 Variances may be issued for the
repair or rehabilitation of historic
structures upon a determination that (a) the
proposed repair or rehabilitation will not
preclude the structure's continued
designation as a historic structure, and (b)
the variance is the minimum necessary to
preserve the historic character and design of
the structure.
.0702 Variances shall not be issued
within any designated floodway if any
increase in flood levels during the base
flood discharge would result.
.0703 Variances shall only be issued
upon a determination that the variance is the
minimum necessary, considering the flood
hazard, to afford relief.
upon:
.0704 Variances shall only be issued
(1) A showing of good and
sufficient cause;
(2) A determination that failure
to grant the variance would result in
exceptional hardship to the applicant;
and
(3) A determination that the
granting of a variance will not result
in increased flood heights, additional
threats to public safety, extraordinary
public expense, create nuisances, cause
fraud on or victimization of the public,
or conflict with existing local laws or
ordinances.
".0705 Any applicant to whom a variance
is granted shall be given written notice by
the City Clerk that the issuance of a
variance to construct a structure below the
base flood level will result in increased
premium rates for flood insurance up to
$25.00 for $100.00 of insurance coverage. A
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copy of the notice shall be
Floodplain Administrator in
Orange County Clerk Recorder
recorded in the title of the
of land."
SECTION 9.
recorded by the
the office of the
and shall be
affected parcel
That subsection .075 of Section 18.90.030 of Chapter
18.90 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".075 Substantial damage, means damage
of any origin sustained by a structure
whereby the cost of restoring the structure
to its before damaged condition would equal
or exceed 50 percent of the market value of
the structure before the damage occurred.
Substantial damage also means flood -related
damage sustained by a structure on two
separate occasions during a 10 -year period
for which the cost of repairs at the time of
each such flood event, on the average, equals
or exceeds 250 of the market value of the
structure before the damage occurred."
SECTION 10. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 11. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
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SECTION 12. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 11th day of May
1999.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
28499.2
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MAYOR OF THE CITY OF AHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5681 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of May, 1999, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 11th day of May, 1999, by the following vote of
the members thereof:
AYES:
NOES:
ABSENT
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5681 on the 11th day of May 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 11th day of May, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Ordinance No. 5681 and was published once in the North County News on the 20th
day of May, 1999.
a
CITY CLERK OF THE CITY OF ANAHEIM
PROOF OF PUBLICATION
STATE OF CALIFORNIA, )
ss.
County of Orange, )
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of twenty
one years, and not a party to or interested in the
above entitled matter. I am the principal clerk of the
Anaheim Bulletin, a newspaper that has been
adjudged to be a newspaper of general circulation
by the Superior Court of the County of Orange,
State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County
of Orange, State of California; that the notice, of
which the annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
May 20, 1999
"I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct":
Date May 20, , 19 99
Signature
Anaheim Bulletin
1771 S. Lewis St.
Anaheim, CA 92805
(714) 634-1567
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Ayes: ohd FOWFus,
KrInQ, McCracken. TO111,
Doty
Noe;. None,
Abstain: Noes
Absent: None
This ardtnagca'QMerlfli} KN S� t ns 0
1
Sectidrxi 17 5 17� 1(I 7 0
and 11 28. } sr 11. Of a
90 , B�Fa®pter 16.90 Ctf 'IX , Of
AnOWMMuniclpol Code relating to flood H
and keductlon,
If you wish a fWl copy of the t1 1 of the Obob®
Ordinance, pike ceak the dt'llce af;tf'k CC�
Clerk of Anc)helm, 765 6'6. bet on 84
a.m, and 5:00 P.M. Monday thro Frld
There is no charge for the copy.
Publish: Anaheim Bulletin
May 20, 1999
25-73'!1
5CU201100
PROOF OF PUBLICATION