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