This chapter may be referred to as Chapter 15.60, Flood Damage Prevention, or as the Flood Damage Prevention Ordinance.
(Ord. 10-87)
The Legislature of the State of California has in Government Code Sections 65302, 65561, 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 Council of the City of Orange does hereby adopt the following floodplain management regulations.
(Ord. 11-20, 2020)
A.
The flood hazard areas of the City of Orange are subject to periodic 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.
B.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(Ord. 10-87)
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 legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide or mudflow, or flood related erosion areas. These provisions are designed:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly flood control projects;
C.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
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;
F.
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;
G.
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 10-87; Ord. 11-20, 2020)
In order to accomplish its purposes, this chapter includes methods and provisions for:
A.
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;
B.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C.
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
D.
Controlling filling, grading, dredging, and other development which may increase flood damage; and
E.
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 10-87)
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.
means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.
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.
is the area subject to severe flood-related erosion losses. The area is designated as Zone E on the Flood Insurance Rate Map (FIRM).
is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).
means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
means any area of the building having its floor subgrade (below ground level) on all sides.
are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any 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. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
means any man-made change to improve or unimprove real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
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 before May 26, 1987.
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).
means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (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 a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the flood-way.
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.
means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
means any land area susceptible to being inundated by water from any source (see definition of "flooding").
means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
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.
means the channel of a river or other watercourse and the adjacent land areas necessary in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway."
means a margin of safety, expressed in feet above base flood elevation for purposes of floodplain management, to account for waves, debris, miscalculations, lack of data, or changes in climate.
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, but does not include long-term storage or related manufacturing facilities.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
means any structure that is:
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;
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;
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
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.
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 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. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)
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 floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
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.
means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community.
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 May 26, 1987.
means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.
means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
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 federal financial exposure with regard to the structure or other development.
means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
means an area having special flood or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or AH.
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 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.
means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
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.
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged, and is being restored, before the damage occurred.
For the purposes of this definition "substantial 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 dimension of the structure. The term does not, however, include either: | |
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. |
means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such times as that documentation is provided.
GENERAL PROVISIONS |
(Ord. 10-87; Ord. 8-99; Ord. 11-20, 2020)
This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the City of Orange.
(Ord. 10-87)
The areas of special flood hazard identified by the Federal Insurance Administration of the Federal Emergency Management Agency in the Orange County and incorporated areas Flood Insurance Study (FIS) dated January 3, 1997, and accompanying Flood Insurance Rate Map (FIRM), dated January 3, 1997, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS, with its attendant mapping, is the minimum area of applicability of this chapter and may be supplemented by studies for other areas that allow implementation of this chapter and are recommended to the City Council by the Floodplain Administrator. The FIS and FIRM are on file at the City Hall, 300 East Chapman Avenue, Orange, California, 92688.
(Ord. 10-87; Ord. 8-99)
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. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. 10-87)
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 10-87)
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, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) 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 Orange, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 10-87)
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 10-87)
A development permit shall be obtained before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) established in Section 15.60.070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not 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 foregoing. Specifically, the following information is required:
A.
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures.
B.
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
C.
All appropriate certifications listed in Section 15.60.150(D) of this chapter; and
D.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Ord. 10-87)
The City Engineer is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
(Ord. 10-87)
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
A.
Permit Review.
1.
Review all development permits, including manufactured homes, substantial improvement and substantial damage of existing structures, to determine that the permit requirements of this chapter have been satisfied.
2.
All other required state and federal permits required for floodplain management purposes have been obtained.
3.
The site is reasonably safe from flooding.
4.
Require, until a regulatory floodway is designed, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated 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 community.
5.
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.
B.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.60.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer the portion of the chapter concerning flood hazard reduction. Any such information shall be submitted to the City Council for adoption.
C.
Whenever a watercourse is to be altered or relocated:
1.
Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
2.
Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
For purposes of this section, a watercourse is any naturally occurring drainage channel which carries drainage runoff from upstream tributary areas as shown on Flood Insurance Rate Maps (FIRM). |
D.
Whenever base flood elevation changes due to physical alterations:
1.
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).
2.
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.
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. |
E.
Obtain and maintain for public inspection and make available as needed:
1.
The certified elevation required in Section 15.60.160(C)(1);
2.
The certification required in Section 15.60.160(C)(2);
3.
The certification required in Section 15.60.160(C)(3)(c);
4.
The certification required in Section 15.60.160(C)(4)(a) or 15.60.160(C)(4)(b);
5.
The certificated elevation required in Section 15.60.180(B);
6.
The certification required in Section 15.60.200(A); and
7.
The reports required in Section 15.60.210(D).
F.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (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 the variance procedure portion of this chapter.
H.
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.
PROVISIONS FOR FLOOD HAZARD REDUCTION |
(Ord. 10-87; Ord. 25-87; Ord. 11-20, 2020)
A.
Anchoring.
1.
All new construction and substantial improvements, 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.
B.
Construction Materials and Methods. All new construction and substantial improvements, including manufactured homes, shall be constructed as follows:
1.
With materials and utility equipment resistant to flood damage;
2.
Using methods and practices that minimize flood damage;
3.
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
4.
If 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.
C.
Elevation and Floodproofing. (See Section 15.60.050 definitions for "freeboard," "lowest floor," "new construction," "substantial damage" and "substantial improvement.") All new, substantially improved, and substantially damaged structures, including manufactured homes, need to be elevated at a minimum to the base flood elevation, as shown on the effective Flood Insurance Rate Map, plus one-foot freeboard.
1.
Residential construction, new construction or substantial improvement, shall have the lowest floor, including basement:
a.
In an AO Zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM, by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified.
b.
In an A Zone, elevated at least one foot above the base flood elevation, as determined by this community.
c.
In all other zones, elevated at least one foot above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Flood-plain Administrator. |
2.
Nonresidential construction shall either be elevated to conform with Section 15.60.160(C)(1), or together with attendant utility and sanitary facilities:
a.
Be floodproofed below the elevation recommended under Section 15.60.160(C)(1) so that 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
c.
Be certified by a registered professional engineer or architect that the standards of this Section 15.60.160(C)(2) are satisfied. Such certification shall be provided to the Floodplain Administrator.
3.
All new construction and substantial improvement 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 exceed the following minimum criteria:
a.
Be certified by a registered professional engineer or architect; or
b.
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or
c.
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. The bottom of all openings shall be no higher than one foot above immediately adjacent grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
(Ord. 10-87; Ord. 25-87; Ord. 8-99; Ord. 11-20, 2020)
A.
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.
B.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Ord. 10-87)
A.
All preliminary subdivision proposals, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall identify the flood hazard area and the elevation of the base flood.
B.
All final subdivision plans will provide the elevation of the lowest floors of all proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator.
C.
All subdivision proposals shall be consistent with the need to minimize flood damage.
D.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
E.
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 10-87; Ord. 11-20, 2020)
A.
All manufactured homes within zones A1-30, AH, and AE 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 be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
B.
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 15.60.190(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
(Ord. 10-87; Ord. 11-20, 2020)
A.
All recreational vehicles placed in zones A1-30, AH, and AE will either:
1.
Be on the site for fewer than 180 consecutive days; or
2.
Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(Ord. 11-20, 2020)
Located within areas of special flood hazard established in Section 15.60.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A.
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B.
If Section 15.60.200(A) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of the chapter.
(Ord. 10-87)
A.
The Floodplain Administrator shall review permits for proposed construction or other development to determine if it is proposed within a mudslide area.
B.
Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:
C.
Within areas which have mudslide hazards, the following requirements apply:
1.
A site investigation and further review shall be made by persons qualified in geology and soils engineering;
2.
The proposed grading, excavation, new construction, and substantial improvements shall be adequately designed and protected against mudslide damages;
3.
The proposed grading, excavations, new construction, and substantial improvements do not aggravate the existing hazard by creating either on-site or off-side disturbances; and
4.
Drainage, planting, watering, and maintenance shall not endanger slope stability.
D.
Based on the Flood Insurance Rate Map, the following standards shall comply with the California Residential or Building Code as applicable:
1.
The location of foundation and utility systems of new construction and substantial improvements;
2.
The location, drainage, and maintenance of all excavations, cuts and fills and planted slopes;
3.
Protective measures, including, but not limited to, retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and
4.
Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils, engineering and geology reports.
(Ord. 10-87; Ord. 06-22, 2022)
A.
The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the City of Orange.
B.
Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazards.
C.
If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
D.
Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the lake, bay, riverfront, or other body of water, or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation, and wildlife habitat areas, and for other activities using temporary and portable structures only.
(Ord. 10-87)
A.
The City Council of the City of Orange shall hear and decide appeals and requests for variances from the requirements of this chapter.
B.
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 chapter.
C.
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:
1.
The danger that materials may be swept onto other lands to the injury of others;
2.
The danger of life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7.
The compatibility of the proposed use with existing and anticipated development;
8.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9.
The safety of access to the property in time of flood for ordinary and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and,
11.
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.
D.
Generally, variances may be issued for new construction and substantial improvements 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 items 15.60.230(C)(1) through 15.60.230(C)(11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
E.
Upon consideration of the factors of Section 15.60.230(C) and the purpose 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.
F.
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 Insurance Administration, Federal Emergency Management Agency.
(Ord. 10-87; Ord. 8-99)
A.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in 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.
B.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
C.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.
E.
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 15.60.240(A) through 15.60.240(D) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F.
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 regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 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.
G.
Upon consideration of the factors set forth in Section 15.60.230(C) and the purpose of this chapter, the legislative body may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
H.
Any applicant to whom a variance is granted shall be given written notice, over the signature of a community official, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for each $100.00 of insurance coverage.
(Ord. 10-87; Ord. 8-99)