This article of the Code of the City of Cypress may be referred
to as the "Floodplain Management Ordinance" of the City of Cypress.
(Ord. No. 1112, § 1, 11-9-09)
The Legislature of the State of California has in Government
Code §§ 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 of Cypress of Orange County, California, does hereby adopt
the following floodplain management regulations.
(Ord. No. 1112, § 1, 11-9-09)
The flood hazard areas of the City of Cypress may potentially
be subject to inundation, which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
These potential flood losses are caused by uses that are inadequately
elevated, floodproofed, or protected from flood damage. The cumulative
effect of obstructions in areas of special flood hazards which increase
flood heights and velocities also contributes to flood losses.
(Ord. No. 1112, § 1, 11-9-09)
It is the purpose of this ordinance to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by legally enforceable regulations
applied uniformly throughout the community to all publicly and privately
owned land within flood prone, mudslide [i.e. mudflow] or flood related
erosion areas. These regulations are designed to:
Protect human life and health;
Minimize expenditure of public money for costly flood control
projects;
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
Minimize prolonged business interruptions;
Minimize damage to public facilities and utilities such as water
and gas mains; electric, telephone and sewer lines; and streets and
bridges located in areas of special flood hazard;
Help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future blighted areas caused by flood damage;
Ensure that potential buyers are notified that property is in
an area of special flood hazard; and
Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(Ord. No. 1112, § 1, 11-9-09)
In order to accomplish its purposes, this ordinance includes
regulations to:
Restrict or prohibit uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or flood heights or velocities;
Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
Control filling, grading, dredging, and other development which
may increase flood damage; and
Prevent or regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
(Ord. No. 1112, § 1, 11-9-09)
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application.
A zone.
See "special flood hazard area."
"Accessory structure"
means a structure that is either:
(a)
Solely for the parking of no more than two cars; or
(b)
A small, low cost shed for limited storage, less than 150 square
feet and $1,500 in value.
"Accessory use"
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
"Appeal"
means a request for a review of the floodplain administrator's
interpretation of any provision of this article.
"Area of shallow flooding"
means a designated AO or AH 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. Such flooding
is characterized by ponding or sheet flow.
"Base flood"
means a flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood"). Base flood is
the term used throughout this article.
"Base flood elevation (BFE)"
means the elevation shown on the flood insurance rate map
for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a 1% or greater chance of
being equaled or exceeded in any given year.
"Basement"
means any area of the building having its floor subgrade
i.e., below ground level on all sides.
"Development"
means any manmade 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.
"Encroachment"
means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a floodplain, which may impede or alter the flow capacity of a floodplain.
"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), was completed before June 9, 1997.
"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).
"Flood, flooding, or flood water"
means:
(a)
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from
any source; and/or mudslides (i.e., mudflows); and
(b)
The condition resulting from flood-related erosion.
"Flood boundary and floodway map (FBFM)"
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
"Flood insurance rate map (FIRM)"
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
"Flood insurance study"
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood insurance rate
map, the flood boundary and floodway map, and the water surface elevation
of the base flood.
"Floodplain administrator"
is the community official designated by title to administer
and enforce the floodplain management regulations.
"Floodplain management"
means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but
not limited to, emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
"Floodplain management regulations"
means this article and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police
power which control development in floodprone areas. This term describes
federal, state, or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
"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. For guidelines on dry
and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93,
and TB 7-93.
"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 foot. Also referred to as "regulatory floodway."
"Floodway fringe"
is that area of the floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
"Fraud and victimization"
as related to section
5-68 of this article means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Cypress will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
"Functionally dependent use"
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long-term storage
or related manufacturing facilities.
"Governing body"
is the local governing unit, i.e. county or municipality,
that is empowered to adopt and implement regulations to provide for
the public health, safety, and general welfare of its citizenry.
"Hardship"
as related to section
5-68 of this article means the exceptional hardship that would result from a failure to grant the requested variance. The City of Cypress requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade"
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"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 by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
"Levee"
means a manmade structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control, or divert the flow of water so as to provide
protection from temporary flooding.
"Levee system"
means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound engineering
practices.
"Lowest floor"
means the lowest floor of the lowest enclosed area, including
basement (see "basement" definition). An unfinished or flood resistant
enclosure below the lowest floor 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 provided it conforms
to applicable nonelevation design requirements, include, but not limited
to:
(a)
The flood openings standard in section 5-67.1;
(b)
The anchoring standards in section 5-67.1;
(c)
The construction materials and methods standards in section
5-67.1; and
(d)
The standards for utilities in section 5-67.2.
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see "basement"
definition). This prohibition includes below-grade garages and storage
areas.
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"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 attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
"Market value"
is defined in the City of Cypress "Development of Substantial
Improvement and Substantial Damage Procedures." See section 5-66.2.
"Mean sea level"
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, to which base flood
elevations shown on a community's flood insurance rate map are referenced.
"New construction,"
for floodplain management purposes, means structures for
which the "start of construction" commenced on or after June 9, 1997,
and includes any subsequent improvements to such structures.
"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 9,
1997.
"Obstruction"
includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse,
fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due
to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
"Program deficiency"
means a defect in a community's floodplain management regulations
or administrative procedures that impairs effective implementation
of those floodplain management regulations.
"Public safety and nuisance"
as related to section
5-68 of this article, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle"
means a vehicle which is:
(a)
Built on a single chassis;
(b)
Four hundred 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.
"Regulatory 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 foot.
"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 deterring future similar
violations, or reducing state or federal financial exposure with regard
to the structure or other development.
"Riverine"
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)"
means an area in the floodplain subject to a 1% or greater
chance of flooding in any given year. It is shown on an FHBM or FIRM
as zone A, AO, A1-A30, AE, A99, or, AH.
"Start of construction"
includes substantial improvement and other proposed new development
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 180 days from the date
of the permit. 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
dimensions of the building.
"Structure"
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
"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% of the market value of the structure before
the damage occurred.
"Substantial improvement"
means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
(a)
Any project for improvement of a structure to correct existing
violations or state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
(b)
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
"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 article.
"Violation"
means the failure of a structure or other development to
be fully compliant with this article. A structure or other development
without the elevation certificate, other certifications, or other
evidence of compliance required in this article is presumed to be
in violation, until such time as that documentation is provided.
"Water surface elevation"
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988,
or other datum, of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
"Watercourse"
means a lake, river, creek, stream, wash, arroyo, channel
or other topographic feature on or over which waters flow at least
periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
(Ord. No. 1112, § 1, 11-9-09)
(a) Lands to which this article applies. This article shall
apply to all areas of special flood hazards within the jurisdiction
of the City of Cypress.
(b) 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) dated
December 3, 2009, with accompanying flood insurance rate maps (FIRMs)
and flood boundary and floodway maps (FBFMs), dated December 3, 2009,
and all subsequent amendments and/or revisions, are hereby adopted
by reference and declared to be a part of this article. This FIS 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 article and which are recommended to the City of Cypress by
the floodplain administrator. The study, FIRMs and FBFMs are on file
with the public works department.
(c) Compliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with
the terms of this article and other applicable regulations. Violation
of the requirements (including violations of conditions and safeguards)
shall constitute a misdemeanor. Nothing herein shall prevent the City
of Cypress from taking such lawful action as is necessary to prevent
or remedy any violation.
(d) Abrogation and greater restrictions. This article is not
intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(e) Interpretation. In the interpretation and application of
this article, all provisions shall be:
Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted
under state statutes.
(f) Warning and disclaimer of liability. The degree of flood
protection required by this ordinance 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 manmade or natural causes. This article 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 article shall not create liability on the part of the City of
Cypress, any officer or employee thereof, the State of California,
or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
(Ord. No. 1112, § 1, 11-9-09)
(a) Designation of the floodplain administrator. The director
of public works or his/her designee is hereby appointed to administer,
implement, and enforce this ordinance by granting or denying development
permits in accord with its provisions.
(b) Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator
shall include, but not be limited to the following:
(1) Permit review. Review all development permits to determine:
Permit requirements of this article have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
All other required state and federal permits have been obtained;
The site is reasonably safe from flooding;
The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined
but a floodway has not been designated. This 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 at any point within the City
of Cypress; and
All letters of map revision (LOMRs) for flood control projects
are approved prior to the issuance of building permits. Building permits
must not be issued based on conditional letters of map revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood control project
and land preparation as specified in the "start of construction" definition.
(2) Development of substantial improvement and substantial damage procedures.
Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," develop detailed procedures for
identifying and administering requirements for substantial improvement
and substantial damage, to include defining "Market Value."
Assure procedures are coordinated with other departments/divisions
and implemented by community staff.
(3) Review, use and development of other base flood data.
When base flood elevation data has not been provided in accordance with section 5-65.2, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer section
5-67.
NOTE: A base flood elevation may be obtained using one of two
methods from the FEMA publication, FEMA 265, "Managing Floodplain
Development in Approximate Zone A Areas A Guide for Obtaining and
Developing Base (100-year) Flood Elevations" dated July 1995.
(4) Notification of other agencies. Alteration or relocation
of a watercourse:
Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
Submit evidence of such notification to the Federal Emergency
Management Agency; and
Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
Base flood elevation changes due to physical alterations:
Within six months of information becoming available
or project completion, whichever comes first, the floodplain administrator
shall submit or assure that the permit applicant submits technical
or scientific data to FEMA for a letter of map revision (LOMR).
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All LOMRs for flood control projects are approved
prior to the issuance of building permits. Building permits must not
be issued based on conditional letters of map revision (CLOMRs). Approved
CLOMRs allow construction of the proposed flood control project and
land preparation as specified in the "start of construction" definition.
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Such submissions are necessary so that upon confirmation
of those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements are based on current
data.
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Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries
have been modified by annexation or other means and include a copy
of a map of the community clearly delineating the new corporate limits.
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(5) Documentation of floodplain development. Obtain and maintain
for public inspection and make available as needed the following:
Certification required by section 5-67.1 and section 5-67.4
(lowest floor elevations);
Certification required by section 5-67.1 (elevation or floodproofing
of nonresidential structures);
Certification required by section 5-67.1 (wet floodproofing
standard);
Certification of elevation required by section 5-67.3 (subdivisions
and other proposed development standards);
Maintain a record of all variance actions, including justification
for their issuance, and report such variances issued in its biennial
report submitted to the Federal Emergency Management Agency.
(6) Map determination. Make interpretations where needed, as
to the exact location of the boundaries of the areas of special flood
hazard, 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 5-66.4.
(7) Remedial action. Take action to remedy violations of this
article as specified in section 5-65.3.
(8) Biennial report. Complete and submit biennial report to
FEMA.
(9) Planning. Assure community's general plan is consistent
with floodplain management objectives herein.
(c) Development permit. A development permit shall be obtained
before any construction or other development, including manufactured
homes, within any area of special flood hazard established in section
5-65.2. Application for a development permit shall be made on forms
furnished by the City of Cypress. The applicant shall provide the
following minimum information:
(1) Plans
in duplicate, drawn to scale, showing: Location, dimensions, and elevation
of the area in question, existing or proposed structures, storage
of materials and equipment and their location;
Proposed locations of water supply, sanitary sewer, and other
utilities;
Grading information showing existing and proposed contours,
any proposed fill, and drainage facilities;
Location of the regulatory floodway when applicable;
Base flood elevation information as specified in section 5-65.2 or section
5-66;
Proposed elevation in relation to mean sea level of the lowest
floor (including basement) of all structures; and
Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in section
5-67.1 of this article and detailed in FEMA Technical Bulletin TB
3-93.
(2) Certification
from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in section
5-67.1.
(3) For
a crawl-space foundation, location and total net area of foundation
openings as required in section 5-67.1 of this article and detailed
in FEMA Technical Bulletins 1-93 and 7-93.
(4) Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(5) All
appropriate certifications listed in section 5-66.2 of this article.
(d) Appeals. 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 floodplain administrator in the enforcement
or administration of this article.
(Ord. No. 1112, § 1, 11-9-09)
(a) Standards of construction. In all areas of special flood
hazards the following standards are required:
(1) Anchoring. All new construction and substantial improvements
of structures, including manufactured homes, shall be adequately anchored
to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
(2) Construction materials and methods. All new construction
and substantial improvements of structures, including manufactured
homes, shall be constructed:
a. With
flood resistant materials, and utility equipment resistant to flood
damage for areas below the base flood elevation;
b. Using
methods and practices that minimize flood damage;
c. 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; and
d. Within
zones AH or AO, so that there are adequate drainage paths around structures
on slopes to guide flood waters around and away from proposed structures.
(3) Elevation and floodproofing.
a. Residential construction. All new construction or substantial
improvements of residential structures shall have the lowest floor,
including basement:
1. In AE, AH, A1-30 zones, elevated to or above the base flood elevation.
2. In an AO zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM,
or elevated at least two feet above the highest adjacent grade if
no depth number is specified.
3. In an A zone, without BFEs specified on the FIRM [unnumbered A zone],
elevated to or above the base flood elevation; as determined under
section 5-66.2
4. Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and
verification shall be provided to the floodplain administrator.
b. Nonresidential construction. All new construction or substantial
improvements of nonresidential structures shall either be elevated
to conform with this section or:
1. Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under this section, so that the structure
is watertight with walls substantially impermeable to the passage
of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
3. Be certified by a registered civil engineer or architect that the
standards of this section is satisfied. Such certification shall be
provided to the floodplain administrator.
(4) Flood openings. All new construction and substantial improvements
of structures with fully enclosed areas below the lowest floor (excluding
basements) that are usable solely for parking of vehicles, building
access or storage, 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 floodwater. Designs for meeting
this requirement must meet the following minimum criteria:
a. For
nonengineered openings:
1. Have a minimum of two openings on different sides having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above
grade;
3. Openings may be equipped with screens, louvers, valves or other coverings
or devices provided that they permit the automatic entry and exit
of floodwater; and
4. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow floodwater to directly enter;
or
5. Be certified by a registered civil engineer or architect.
(5) Manufactured homes. See section 5-67.4.
(6) Garages and low cost accessory structures.
a. Attached
garages.
1. A garage attached to a residential structure, constructed with the
garage floor slab below the BFE, must be designed to allow for the
automatic entry of flood waters. See this section. Areas of the garage
below the BFE must be constructed with flood resistant materials.
See this section.
2. A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below grade parking
areas, see FEMA Technical Bulletin TB6.
b.
Detached garages and accessory structures.;ol3;1."Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in section
5-64, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to parking or limited
storage;
ii. The portions of the accessory structure located below the BFE must
be built using flood-resistant materials;
iii. The accessory structure must be adequately anchored to prevent flotation,
collapse, and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure must
be elevated or floodproofed to or above the BFE;
v. The accessory structure must be designed to allow for the automatic
entry of floodwaters in accordance with this section.
vi. Detached garages and accessory structures not meeting the above standards
must be constructed in accordance with all applicable standards in
this section.
(b) Standards for utilities. All new and replacement water supply
and sanitary sewage systems shall be designed to minimize or eliminate:
(1) Infiltration
of flood waters into the systems; and
(2) Discharge
from the systems into floodwaters.
On-site waste disposal systems shall be located to avoid impairment
to them, or contamination from them during flooding.
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(c) Standards for subdivisions and other proposed development. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than
50 lots or five acres, whichever is the lesser, shall:
(1) Identify
the special flood hazard areas (SFHA) and base flood elevations (BFE).
(2) Identify
the elevations of lowest floors of all proposed structures and pads
on the final plans.
(3) If
the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered
civil engineer or licensed land surveyor and provided as part of an
application for a letter of map revision based on fill (LOMR-F) to
the floodplain administrator:
Lowest floor elevation.
Pad elevation.
Lowest adjacent grade.
All subdivision proposals and other proposed development shall
be consistent with the need to minimize flood damage.
All subdivision proposals and other proposed development shall
have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage.
All subdivisions and other proposed development shall provide
adequate drainage to reduce exposure to flood hazards.
(d) Standards for manufactured homes. All manufactured homes
that are placed or substantially improved, on sites located:
(1) Outside
of a manufactured home park or subdivision;
(2) In
a new manufactured home park or subdivision;
(3) In
an expansion to an existing manufactured home park or subdivision;
or
(4) In
an existing manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood, shall:
Within zones A1-30, AH, and AE on the community's flood insurance
rate map, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
All manufactured homes to be placed or substantially improved
on sites in an existing manufactured home park or subdivision within
zones A1-30, AH, and AE on the community's flood insurance rate map
that are not subject to the provisions of section 5-67.4 will be securely
fastened to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement, and be elevated so that either the:
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Lowest floor of the manufactured home is at or above the base
flood elevation; or
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Manufactured home 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.
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(Ord. No. 1112, § 1, 11-9-09)
(a) Nature of variances.
(1) The
issuance of a variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial
risk and will not be modified by the granting of a variance.
(2) The
variance criteria set forth in this section of the ordinance are based
on the general principle of zoning law that variances pertain to a
piece of property and are not personal in nature. A variance may be
granted for a parcel of property with physical characteristics so
unusual that complying with the requirements of this article would
create an exceptional hardship to the applicant or the surrounding
property owners. The characteristics must be unique to the property
and not be shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its inhabitants,
or the property owners.
(3) It
is the duty of the City of Cypress to help protect its citizens from
flooding. This need is so compelling and the implications of the cost
of insuring a structure built below flood level are so serious that
variances from the flood elevation or from other requirements in the
flood ordinance are quite rare. The long term goal of preventing and
reducing flood loss and damage can only be met if variances are strictly
limited. Therefore, the variance guidelines provided in this ordinance
are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed
to screen out those situations in which alternatives other than a
variance are more appropriate.
(b) Conditions for variances.
(1) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections
5-66 and
5-67 of this article have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in section
5-64 of this article) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances
shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
(4) Variances
shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief.
"Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this article. For example, in the case of
variances to an elevation requirement, this means the City of Cypress
need not grant permission for the applicant to build at grade, or
even to whatever elevation the applicant proposes, but only to that
elevation which the City of Cypress believes will both provide relief
and preserve the integrity of the local ordinance.
(5)
Any applicant to whom a variance
is granted shall be given written notice over the signature of a community
official that:
a. 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 amounts as high as $25 for $100 of insurance coverage, and such
construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded
by the floodplain administrator in the Office of the Orange County
Recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
(6) The
floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Emergency Management
Agency.
(c) Appeal board.
(1)
In passing upon requests for variances,
the City of Cypress shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this article,
and the:
a. Danger
that materials may be swept onto other lands to the injury of others;
b. Danger
of life and property due to flooding or erosion damage;
c. Susceptibility
of the proposed facility and its contents to flood damage and the
effect of such damage on the existing individual owner and future
owners of the property;
d. Importance
of the services provided by the proposed facility to the community;
e. Necessity
to the facility of a waterfront location, where applicable;
f. Availability
of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
g. Compatibility
of the proposed use with existing and anticipated development;
h. Relationship
of the proposed use to the comprehensive plan and floodplain management
program for that area;
i. Safety
of access to the property in time of flood for ordinary and emergency
vehicles;
j. Expected
heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site; and
k. 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.
(2)
Variances shall only be issued
upon a:
a. Showing
of good and sufficient cause;
b. Determination
that failure to grant the variance would result in exceptional "hardship"
to the applicant; and
c. Determination
that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (see "public safety and nuisance"), cause
"fraud and victimization" of the public, or conflict with existing
local laws or ordinances.
(3) Variances
may be issued for new construction, substantial improvement, and other
proposed new development necessary for the conduct of a functionally
dependent use provided that the provisions of this section are satisfied
and that the structure or other development is protected by methods
that minimize flood damages during the base flood and does not result
in additional threats to public safety and does not create a public
nuisance.
(4) Upon
consideration of the factors of section 5-68.2 and the purposes of
this article, the City of Cypress may attach such conditions to the
granting of variances as it deems necessary to further the purposes
of this article.
(Ord. No. 1112, § 1, 11-9-09)