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4261FOLLOWS: ORDINANCE NO. 4261 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.90 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A FLOODPLAIN OVERLAY (FP) ZONE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Chapter 18.90 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code, to read as follows: "CHAPTER 18.90 FLOODPLAIN OVERLAY (FP) ZONE SECTION 18.90.010 DESCRIPTION AND PURPOSE. The Floodplain Overlay (FP) Zone is intended to be applied to those areas within the City of Anaheim which, under present conditions, are subject to periodic flooding and accompanying hazards. The objectives of the Floodplain Overlay (FP) Zone are as follows: .010 Prevention of loss of life and property and to minimize economic loss caused by flood flows. .020 Establishment of criteria for land management and land use in flood -prone areas that are consistent with the criteria promulgated by the Federal Insurance Administration for the purpose of pro- viding flood insurance eligibility for property owners. .030 Prohibition of encroachments, new construction, or other improvements or development that would obstruct or divert the flow of floodwaters within a regulatory floodway. .040 Regulation and control of 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 flood plain management regulations. -1- SECTION 18.90.020 DELINEATION OF (FP) ZONE BOUNDARIES. Areas of the City of Anaheim hereby designated as being within the Floodplain Over- lay (FP) Zone are as specified herein: .010 Areas of the 'regulatory flood - way' shown as 'floodway' on the Flood Boundary and Floodway Maps for the City of Anaheim, as the same may now or hereinafter exist, as official maps of the Federal Insurance Administration. .020 Other areas not shown as a 'regulatory floodway' on the Flood Boundary and Floodway Maps but in which any governmental agency has determined that a 'floodway' as defined herein exists and as are indicated by the zoning overlay designation of (FP) on any zoning map or ordinance now or hereinafter adopted by the City of Anaheim. .030 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 regula- tions, the requirements and restrictions of the (FP) Overlay Zone shall take precedence over the requirements of the base or underlying zone. SECTION 18.90.030 DEFINITIONS. For the purposes of this Chapter, the following words and terms shall be construed and de- fined as specified in this section: .010 'Base flood' means the flood having a one (1) percent chance of being equalled or ex- ceeded in any given year. .020 'Design flood' means that flood against which protection is to be provided by means of land use regulation, flood protective or flood control works. When a federal flood control project has been authorized, the design flood will be that defined by the cognizant agency. In all other cases, the design flood shall be either at the 100 -year recurrence inter- val (base flood) or, when determined applicable by the City of Anaheim, the standard project flood. -2- .030 'Designated flooding' means the channel of a stream and that portion of the adjoining floodplain required to reasonably provide for the con- struction of a project for passage of the design flood including the lands necessary for construction of project levees. .040 'Flood hazard area' means an area having flood, mudslide (i.e. mudflow) and flood - related erosion hazards, or as shown on the zoning map, Flood Insurance Rate Map (FIRM) or Flood Boundary and Flooding Maps. .050 'Floodplain' means the area adja- cent to a watercourse and other land areas susceptible to being inundated by a design flood. .060 'Regulatory floodway' means the areas shown as 'floodway' on the official Federal Insurance Administration 'Flood Boundary and Floodway Maps' for the City of Anaheim. .070 'Structure' means anything con- structed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improve- ments of a minor character. .080 'Substantial improvement' means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of the definition 'substan- tial improvement' is considered to occur when the first alteration of any wall, ceiling, floor, or other struc- tural part of the building commences, whether or not that alteration affects th e.external dimensions of the structure. .090 Other words and terms not speci- fically defined in this section shall, for purposes of this Chapter, be construed and defined as set forth in Section 17.28.030 of the Anaheim Municipal Code. SECTION 18.90.040 PERMITTED USES IN THE FP ZONE. .010 Flood control channels, levees, spreading basins and grounds, roads, bridges, storm drains and other flood control facilities and devices where the Planning Director has determined that the design has been approved by the governmental agencies having jurisdiction. MI .020 General agricultural uses includ- ing 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 des- ignated floodway. .030 picnic grounds, trails, and similar public open controlled by the City EM and conduits. SECTION 18.90.050 Public park projects including wildlife and natural preserves, space uses all as developed and or other public agency. Public utility transmission lines CONDITIONAL USES AND STRUCTURES. The following uses shall be per- mitted in this zone subject to a conditional use permit and subject to all conditions thereof and required find- ings as set forth in Sections 18.03.030 and 18.90.060 of the Anaheim Municipal Code. .010 Any permanent structures or buildings excepting those necessary for conveyance of flood and drainage waters and for transit of public utili- ties and roads. .020 Dwellings. .030 Private recreation areas includ- ing 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 not including any permanent struc- tures or improvements. .040 Excavation and removal of rock, sand, gravel and other materials, provided that the integ- rity of the watercourse is preserved such that the permit- ted excavation areas continue to receive and release flood waters 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. m SECTION 18.90.060 REQUIRED FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMITS. In addition to the findings re- quired by Section 18.03.030 of the Anaheim Municipal Code, no conditional use permit shall be approved for any use specified as a conditional use in the FP Overlay Zone un- less the approving body finds that the proposed project, alone or in combination with any existing developments, will not endanger life, will not significantly restrict the carrying capacity of the regulatory floodway, will not increase flood heights and will not increase the velocity of floodwaters. SECTION 18.90.070 SPECIFICALLY PROHIBITED USES. .010 Landfills, excavations, improve- ments, developments, or encroachments that would obstruct or create debris -catching obstacles to passage of a design flood, or cause a cumulative increase in the elevation of the design floodwater profile at any point, or would tend to broaden the floodplain or divert flood flows out of the regulatory floodway or in any way impair the design flood conveyance capacity of the regulatory floodway or cause a potential hazard to life or property resulting from flood flows. .020 Storage or disposal of floatable substances or materials, dangerous chemicals, explosives, flammable liquids or other toxic materials. .030 All uses not specifically permit- ted by Sections 18.90.040 and 18.90.050 of this Code. SECTION 18.90.080 REQUIRED PROCEDURES AND DEVELOP- MENT STANDARDS. .010 Procedures. .011 The Public Works Department shall review projects proposed in areas subject to the FP Overlay Zone regulations to determine that all neces- sary permits and certificates have been obtained. It may make recommendations concerning conditional use per- mit applications prior to hearing and approval by the Planning Commission or City Council to assure compliance with the requirements of this Chapter and Chapter 17.28 of this Code. -5- .012 All development, subdivision, structure and substantial improvement proposals shall include submittal of detailed drainage studies and plans indicating how site grading, in conjunction with any necessary drainage conveyance systems including appli- cable swales, watercourses, channels, street flows, catch basins, storm drains and .floodwater retarding, will provide building pads and lowest floor elevations that are safe from flood flows which may be expected from floods up to and including the design flood. The grading plan shall include identified on-site finished grade elevations and the 'design flood' elevations, both related to mean sea level. Structural plans submitted for building permits shall show the height of the first floor of such structures as related to mean sea level. Said plans and floor height information shall be main- tained on file by the Planning Department for flood insurance reference purposes. .013 The Director of the Planning Department shall notify adjacent communities prior to approval of any project which would alter or relocate a watercourse having an effect on the flood hazard areas shown on the Flood Insurance Rate Maps and submit evi- dence of such notification to the appropriate federal agency. Any approval action for such project shall re- quire that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity of the watercourse is not diminished. .020 Conditions. The approval of a conditional use permit application shall_ include the following conditions, as appropriate, in addition to any other conditions the approving authority finds to be necessary or appropriate: .021 Structural floodproofing for nonresidential structures only. Structural flood - proofing as permitted herein shall be in compliance with the provisions of the Anaheim Building Code. Prior to clearance for issuance of any building or grading permit or prior to final determination, a civil engineer or architect registered in the State of California shall certify that the floodproofing methods are adequate to withstand the flood depths, velocities, hydrostatic and hydrodynamic loads, and effects of buoyancy and other factors associated with the design flood. Copies of such certificates indicating the specific height above mean sea level elevation to which the structure is flood - proofed shall be _filed with the Planning Department. Em .022 All new construction and substan- tial improvements shall be anchored to prevent .flotation, collapse, or lateral movement of the structure in accord- ance with plans prepared by a registered civil engineer or architect and approved by the Building Department as complying with the provisions of Chapter 17.28 of this Code prior to clearance for issuance of any building or grading permit. .030 Utilities. Prior to clearance for issuance of any building or grading permit, the Building Department shall verify that; .031 All new and replacement water supply systems are designed to minimize or eliminate in- filtration of floodwaters into the system. .032 New and replacement sanitary sewage systems are designed to minimize or eliminate in- filtration of floodwaters. .033 On-site waste disposal systems are located to avoid impairment to them or contamination from them during flooding. .034 Utilities are designed to resist destruction from flood scour and the hydrostatic and hydrodynamic loads and effects of buoyancy. SECTION 18.90.090 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 17.28 of the Anaheim Municipal Code or any other provision of law, the more restrictive development provision shall prevail." SECTION 2. Flood Boundary and Floodway Map, Community Panel 060213 0005B effective June 4, 1980, as published by the Federal Insurance Administration, and Santa Ana River Right -of -Way Maps pre- pared by the Orange County Environmental Management Agency, more particularly described as Maps No. 14, 17 and 21 dated June 1979; Maps No. 18, 19 and 20 dated July 1979; and Maps No. 22, 23 and 24 dated May 1979, are hereby adopted as zoning maps of the City of Anaheim for purposes of application of the Floodplain Overlay (FP) -- Zone regulations only and said regulations are hereby made appli- cable to those certain areas designated as "floodway" or "FP Zone on said maps. -7- SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter 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 chapter independent of the elimination here.from of any such portion as may be declared invalid. SECTION 4. The City Clerk shall certify to the passage of this or- dinance 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 1st day-,pf September, 1981. ATTEST: (:;4� ob CITY CLERK OF THE ('-'STY OF ANAHEIM JLW:fm we OF THE-CIT%"OF ANAHEIM 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. 4261 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of August, 1981, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 1st day of September, 1981, 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. 4261 on the 1st day of September, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of September, 1981. CITY CLERK OF THE CITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4261 and was published once in the Anaheim Bulletin on the 11th day of September, 1981. A CITY CLERK