4879FOLLOWS:
ORDINANCE NO. 4879
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 17.28.030, 17.28.1009 17.28.120,
17.28.130, 17.28.170; ADDING SUBSECTIONS
17.28.030.165, 17.28.030.185, 17.28.120.060,
17.28.130.035; AND REPEALING SUBSECTIONS
17.28.030.100, 17.28.030.1103, 17.28.030.200,
17.28.130.021, 17.28.130.030, 17.28.170.020
AND 17.28.170.040 OF CHAPTER 17.28 OF TITLE 17
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
FLOOD HAZARD REDUCTION.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 17.28.030 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsection 17.28.030.020 to read as follows:
".020 'Area of shallow flooding' means a
designated A0, AH or VO Zone, if applicable, on the
Flood Insurance Rate Map (FIRM). The base flood
depths range from one (1) to three (3) feet; a clearly
defined channel does not'exist; the path of flooding
is unpredictable and indeterminate; and velocity flow
may be evident."
SECTION 2.
That Section 17.28.030 of Chapter 7.28 of Title 17 of the
Anaheim Municipal Code be, and it is hereby, amended by amending
Subsection 17.28.030.120 to read as follows:
".120 'Flood' or 'flooding' means a
general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal
waters and/or
(2) The unusual and rapid accumulation
of runoff of surface waters from any source.
(3) The collapse or subsidence of land
along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in
natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as flash
flood, or by some similarly unusual and unforeseeable
event which results in flooding as defined in this
definition."
SECTION 3.
That Section 17.28.030 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by adding
Subsection 17.28.030.165 to read as follows:
".165 'Highest adjacent grade' means the
highest natural elevation of the ground surface prior
to construction next to the proposed walls of a
structure."
SECTION 4.
That Section 17.28.030 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsection 17.28.030.170 to read as follows:
".170 'Lowest Floor' means the lowest
floor of the lowest enclosed area (including
basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a
basement area, is not considered a building's lowest
floor, provided that such enclosure is not built so as
to render the structure in violation of the applicable
nonelevation design requirements of this chapter."
SECTION 5.
That Section 17.28.030 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsection 17.28.030.180 to read as follows:
".180 'Manufactured Home' means a
structure, transportable in one or more sections,
which is built on a permanent chassis and is designed
for use with or without a permanent foundation when
connected to the required utilities. For flood plain
management purposes the term 'manufactured home' also
includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than one
hundred eighty (180) consecutive days. For insurance
purposes the term 'manufactured home' does not include
park trailers, travel trailers, and other similar
vehicles."
SECTION 6.
That Section 17.28.30 of Chapter 17.28 of Title 17 of the
Anaheim Municipal Code be, and it is hereby, amended by adding
Subsection 17.28.030.185 to read as follows:
IVAM
".185
Subdivision' means
land divided into
for rent or sale."
SECTION 7.
'Manufactured Home Park or
a parcel (or contiguous parcels) of
two or more manufactured home lots
That Section 17.28.030 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsection 17.28.030.210 to read as follows:
".210 'Start of Construction' includes
substantial improvement, and means the date the
building permit was issued, provided the actual start
of construction, repair, reconstruction, placement, or
other improvement was within one hundred eighty (180)
days of the permit date. The actual start means
either the first placement of permanent construction
of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the
construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not
include land preparation, such as clearing, grading
and filling; nor does it include the installation of
streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor
does it include the installation on the property of
accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main
structure."
SECTION 8.
That Section 17.28.030 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsection 17.28.030.220 to read as follows:
".220 'Structure' means a walled and roofed
building or manufactured home that is principally above
ground."
SECTION 9.
That Section 17.28.100 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsection 17.28.100.010 to read as follows:
11.010 Proposed elevation in relation to mean sea
level, of the lowest floor (including basement) of all
structures; in Zone AO elevation of existing grade and
proposed elevation of lowest floor of all structures."
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SECTION 10.
That Section 17.28.120 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsection 17.28.120.041 to read as follows:
".041 Notify, in riverine situations,
adjacent communities and the State Department of Water
Resources prior to any alteration or relocation of a
water course, and submit copies of such notification
to the Federal Insurance Administration."
SECTION 11.
That Section 17.28.120 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by adding
Subsection 17.28.120.060 to read as follows:
".060 Review proposed development to
assure that all necessary permits have been received
from those governmental agencies from which approval is
required by Federal or State law, including Section 404
of the Federal Water Pollution Control Act Amendments
of 1972."
SECTION 12.
That Section 17.28.130 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsections 17.28.130.011 and 17.28.130.012 to read as
follows:
11.011 All new construction and
substantial improvements shall (i) be designed (or
modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, (ii) be
constructed with materials resistant to flood damage,
(iii) be constructed by methods and practices that
minimize flood damages, and (iv) be constructed with
electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities
that are designed and/or located so as to prevent
water from entering or accumulating within the
components during conditions of flooding.
.012 All manufactured homes shall meet
the anchoring standards of Subsection 17.28.170.010."
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SECTION 13.
That Section 17.28.130 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsections 17.28.130.030.031 and 17.28.130.030.032 to
- read as follows:
".031 New construction and substantial
improvement of any structure shall have the lowest
floor, including basement, elevated to or above the
base flood elevation. Nonresidential structures may
meet the standards in Subsection 17.28.130.030.033.
Upon completion of the structure, the elevation of the
lowest floor including basement shall be certified by
a registered professional engineer or surveyor and
provided to the official set forth in Subsection
17.28.120.030.
.032 New construction and substantial
improvement of any structure in Zone AO shall have the
lowest floor, including basement, elevated above in
feet the depth number specified on the FIRM above the
highest adjacent grade. If there is no depth number
on the FIRM, the lowest floor, including basement,
shall be elevated two (2) feet above the highest
adjacent grade. Nonresidential structures may meet
the standards in Section 17.28.130.030.033. Upon
completion of the structure, a registered professional
engineer shall certify that the elevation of the
structure meets this standard and provided to the
official set forth in Section 17.28.120.030."
SECTION 14.
That Section 17.28.130 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by adding
Subsection 17.28.130.035 to read as follows:
".035 All new construction and
substantial improvements with fully enclosed areas
below the lowest floor that are subject to flooding
shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a
registered professional engineer or architect or meet
or exceed the following minimum criteria: A minimum
of two (2) openings having a total net area of not
less than one (1) square inch for every square foot of
enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one
(1) foot above grade. Openings may be equipped with
screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry
and exit of floodwaters."
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SECTION 15.
That Section
Anaheim Municipal Code
read as follows:
"17.28.170
SECTION 16.
17.28.170 of Chapter 17.28 of Title of the
be, and it is hereby, amended in title to
STANDARDS FOR MANUFACTURED HOMES
AND MANUFACTURED HOME PARKS AND
SUBDIVISIONS."
That Section 17.28.170 of Chapter 17.28 of Title of the
Anaheim Municipal Code be, and it is hereby, amended by amending
Subsection 17.28.170.010 to read as follows:
11.010 Anchoring. All manufactured homes
and additions to manufactured homes shall be anchored
to resist flotation, collapse, or lateral movement by
one of the following methods:
(a) by providing an anchoring system
designed to withstand horizontal forces of twenty-five
(25) pounds per square foot and up -lift forces of
fifteen (15) pounds per square foot;
(b) by providing over -the -top and
frame ties to ground anchors. Specifically:
(i) Over -the -top ties be
provided at each of the four (4) corners of the
manufactured home, with two (2) additional ties per
side at intermediate locations, with manufactured
homes less than fifty (50) feet long require only one
(1) additional tie per side;
(ii) Frame ties be provided at
each corner of the home with five (5) additional ties
per side at intermediate points, with manufactured
homes less than fifty (50) feet long require only four
(4) additional ties per side; and
(iii) All components of the
anchoring system be capable of carrying a force of
4,800 pounds."
SECTION 17.
That Section 17.28.170 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by adding
new Subsection 17.28.170.015 to read as follows:
11.015 All manufactured homes placed or
substantially improved within Zones Al -30, AH, and AE
shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at or
above the base flood elevation, and be securely
anchored to an adequately anchored foundation system
in accordance with Subsection 17.28.170.010 above."
SECTION 18.
That Section 17.28.170 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
renumbering 17.28.170.021 as 17.28.170.018.
SECTION 19.
That Section 17.28.170 of Chapter 17.28 of Title 17 of
the Anaheim Municipal Code be, and it is hereby, amended by
amending Subsections 17.18.170.022 and 17.18.170.030 to read as
follows:
".022 All manufactured homes shall be
placed on pads or lots elevated on compacted fill, or
on pilings so that the lowest floor of the
manufactured home is at or above the base flood
level. If elevated on pilings:
(a) The lots shall be large enough to
permit steps;
(b) The pilings shall be placed in
stable soil no more than ten (10) feet apart; and
(c) Reinforcement shall be provided
for pilings more than six (6) feet above the ground
level.
.030 No manufactured home shall be
placed in a floodway, except in an existing
manufactured home park or existing manufactured home
subdivision."
SECTION 20.
That Subsections 17.28.030.100, 17.28.030.110,
17.28.030.200, 17.28.130.021, 17.28.170.020 and 17.28.170.040 of
Sections 17.28.030, 17.28.130 and 17.28.170, respectively, of
Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and
they are hereby, repealed.
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SECTION 21. PENALTY
It shall be unlawful for any person, firm or corporation
to violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply
with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
SECTION 22. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 23. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions of
this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 1st day of December, 1987.
V-oZL4
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MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JWF:fm
1968L
081787
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4879 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 17th day of November, 1987,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 1st day of December, 1987, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4879 on the 1st day of December, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 1st day of December, 1987.
CITY CLERK OF THE CITY OF ANAHEI
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4879 and was published once in the
Anaheim Bulletin on the 11th day of December, 1987.
CITY CLERK