The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon cities authority to adopt floodplain regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of San Juan Capistrano does hereby adopt the following floodplain management regulations.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
(a) 
The flood hazard areas of the City of San Juan Capistrano 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 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 the flood losses.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
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 provisions applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow) or flood related erosion areas, 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 caused by flood damage;
(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. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
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 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 floodwaters;
(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 floodwaters or which may increase flood hazards in other areas.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
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.
“Appeal”
means a request for a review of the Floodplain Administrator’s interpretation or decision of any provision of this chapter.
“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.
“Area of special flood-related erosion hazard”
is the area subject to severe flood-related erosion losses. The area is designated as Zone E on the flood insurance rate map (FIRM).
Area of Special Flood Hazard.
See “Special flood hazard area.”
“Base flood”
means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “one-hundred-year flood”). Base flood is the term used throughout this ordinance.
“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 one percent or greater chance of being equaled or exceeded in any given year.
“Basement”
means any area of the building having its floor subgrade (below ground level) on all sides.
“Breakaway walls”
means and includes 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 floodwaters. 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:
(A) 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(B) 
The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
“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) is completed before May 3, 1988.
“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” or “flooding”
means a general and temporary condition of partial or complete inundation of normally dry land areas from: (A) the overflow of floodwaters; (B) the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and/or (C) the condition resulting from flood-related erosion.
“Flood boundary and floodway map”
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard 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 FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.
“Floodplain or flood-prone area”
means any land area susceptible to being inundated by water from any source. See definition of “flooding.”
“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 chapter and other 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 which control development in flood-prone areas. The term describes Federal, State or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
“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 flood proofing, 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.”
“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, but does not include long-term storage or related manufacturing facilities.
“Hardship”
as related to Section 8-11.123 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City 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.
“Lowest floor”
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure below the lowest floor, 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 conforms to the applicable nonelevation design requirements of this chapter, including, but not limited to:
(A) 
The flood openings standard in Section 8-11.115(c)(3)8-11.115(c)(3);
(B) 
The anchoring standards in Section 8-11.115(a);
(C) 
The construction materials and methods standards in Section 8-11.115(b); and
(D) 
The standards for utilities in Section 8-11.116.
For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas.
“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 floodplain 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 consecutive days, and does not include a “recreational vehicle.”
“Manufactured home park or subdivision”
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
“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), or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.
“New construction”
means, for floodplain management purposes, structures for which the “start of construction” commenced on or after May 3, 1988.
“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 May 3, 1988.
“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 down-stream.
“One-hundred-year flood” or “100-year flood”
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.
“Person”
means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the state or its agencies or political subdivisions.
“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 having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V1-V30, VE, or V.
“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 one hundred eighty 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 state 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 or roofed building, including a gas or liquid storage tank, that is principally above ground, as well as 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 before the start of construction of the improvement.
(A) 
Any project for improvement of a structure to correct existing violations of or to comply with existing State or local health, sanitary, or safety code specifications which are solely 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 or relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
“Violation”
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 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. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards within the City of San Juan Capistrano.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
The areas of special flood hazard and areas of flood-related erosion hazards identified by the Federal Emergency Management Agency in the “Flood Insurance Study, City of San Juan Capistrano, Orange County, California” dated March 1979, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 14, 1979, and including all subsequent amendments and/or revisions thereof, are hereby adopted by reference and declared to be a part of the ordinance codified in this chapter. The Flood Insurance Study, FIRMs and FBFMs are on file at the Department of Community Planning and Development. This Flood Insurance Study and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of the ordinance codified in this chapter and which are recommended by the Floodplain Administrator.
In addition to this mapping, the Administrator shall also utilize the best available information in determining areas of flood hazard and erosion areas.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
No structure or land hereafter shall 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 an infraction. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. No. 1067, § 1, 2019)
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 manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard, areas of flood-related erosion 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 San Juan Capistrano, 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. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
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. No. 1067, § 1, 2019)
A grading permit, building permit or similar development permit, or a floodplain land use permit, whichever is applicable under this Code, shall be obtained before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards established in Section 8-11.107. Application for a grading, building, floodplain land use or other 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. In addition to any other requirements of this Code for the particular permit, 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 flood proofed;
(c) 
All appropriate certifications listed in Section 8-11.115 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. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
The Director of Public Works, or designee, is hereby designated as Floodplain Administrator to administer and implement this chapter by reviewing, granting or denying permits in accordance with its provisions.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(a) 
Permit review.
(1) 
Review all grading permits, building permits, and similar development permits to determine that the permit requirements of this chapter have been satisfied;
(2) 
All other required State and Federal permits have been obtained;
(3) 
The site is reasonably safe from flooding;
(4) 
The proposed development does not adversely affect the carrying capacity of the areas where base flood elevations have been determined, but a floodway has not been designated. For purposes of this chapter, “adversely affects” 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;
(5) 
Notwithstanding the above, all land use entitlements for development within areas of special flood hazard or flood-related erosion hazard, including floodplain land use permits or historical and cultural landmark site plan review, shall be reviewed and approved by either the City Council, Planning Commission, Cultural Heritage Commission, or the Director of Development Services, as more particularly set forth in Chapter 2 (Administration) of Title 9 (Land Use) of this Code.
(b) 
Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 8-11.107, 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 Section 8-11.115, et seq. Any such information shall be submitted to the City Council for adoption.
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.
(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 Emergency Management Agency;
(2) 
Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
(d) 
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 pursuant to Sections 8-11.115, 8-11.117, 8-11.118, and 8-11.119:
(1) 
The certification (lowest floor elevations);
(2) 
The certification (lowest floor elevations in areas of shallow flooding);
(3) 
The certification (elevation or floodproofing of nonresidential structures);
(4) 
The certification (wet floodproofing standard);
(5) 
The certified elevation (subdivision standards);
(6) 
The certification (floodway encroachments);
(7) 
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.
(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 (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The persons contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8-11.122.
(g) 
Take action to remedy violations of this chapter.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
In all areas of special flood hazards the following standards are required:
(a) 
Anchoring.
(1) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) 
All manufactured homes shall meet the anchoring standards of Section 8-11.118.
(b) 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) 
All new construction and substantial improvements shall 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.
(4) 
Require within Zones AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(c) 
Elevation and floodproofing.
(1) 
Residential structures. All new residential construction and substantial improvement of any structure shall have the lowest floor, including basement:
(A) 
In AE, AH and A1-30 Zones, elevated at least 1.0 foot above the base flood elevation.
(B) 
In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding 1.0 foot above 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.
(C) 
In an A Zone, without BFEs specified on the FIRM [unnumbered A zone], elevated at least 1.0 foot above the base flood elevation; as determined under Section 8-11.114(b).
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 Floodplain Administrator.
(2) 
New construction of substantial improvements of elevated buildings that include enclosed areas formed by foundation and other exterior walls shall be designed to preclude finished living space below 1.0 foot above the base flood elevation by providing openings in each wall having a total net area not less than 50% of the total wall area subject to flooding. At least one opening per wall shall be no higher than one foot above grade to allow for entry and exit of floodwaters to automatically equalize hydrostatic flood forces on the exterior walls.
(3) 
Nonresidential construction. All new nonresidential construction or substantial improvements of nonresidential structures shall either be elevated in conformance with this section:
(A) 
Be floodproofed 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;
(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 subsection are satisfied. Such certifications 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 floodwaters. Designs for meeting this requirement must meet or exceed the following minimum criteria:
(A) 
For non-engineered openings:
(i) 
Have a minimum of two openings on two different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding,
(ii) The bottom of all openings shall be no higher than one foot above grade,
(iii) Openings may be equipped with screens, louvers, valves, or other covering or devices provided that they permit that automatic entry and exit of floodwaters, and
(iv) Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
(B) 
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(5) 
Manufactured homes shall also meet the standards in Section 8-11.118.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
(a) 
All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
(b) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
(a) 
All preliminary subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, shall identify the special flood hazard area and the elevation of the base flood.
(b) 
All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood elevation, the final pad elevation, lowest floor elevation and lowest adjacent grade shall be certified by a registered professional engineer or surveyor and provided as part of an application for a letter of map revisions based on fill to the Floodplain Administrator.
(c) 
All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
(d) 
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.
(e) 
All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
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:
(a) 
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 at elevated to or above the base flood elevation; and
(b) 
Be securely fastened to an adequately anchored foundation system to resist flotation, collapse, or lateral movement; and
(c) 
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 subsection (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:
(1) 
Lowest floor of the manufactured home is at or above the base flood elevation; or
(2) 
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.
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.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
All recreational vehicles placed in Zones A1-30, AH, and AE will either:
(a) 
Be on the site for fewer than 180 consecutive days; or
(b) 
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
(c) 
Meet the permit requirements of Section 8-11.112 of this chapter and the elevation and fastening requirements for manufactured homes in Section 8-11.118.
(Ord. No. 1067, § 1, 2019)
Located within areas of special flood hazard established in Section 8-11.107 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(a) 
Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City.
(b) 
Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(c) 
If subsections (a) and (b) of this section are satisfied, all new construction and substantial improvements, and other proposed new development, shall comply with all other applicable flood hazard reduction provisions of Section 8-11.115, et seq.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
(a) 
The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community, as set forth in this Code.
(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 hazard.
(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 ocean, lake, bay, riverfront, 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. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
(a) 
The Floodplain Administrator shall act upon variance applications under this chapter with respect to grading permits, building permits and similar development permits. All other variance and minor exception applications from City land use standards, including those relating to a floodplain land use permit or historical and cultural landmark site plan review, shall be reviewed, acted upon, and appealed to the appropriate “reviewing authority” as specifically set forth in Sections 9-2.327 and 9-2.351 of this Code.
(b) 
The Planning Commission shall hear and decide appeals of decisions made by the Floodplain Administrator with respect to grading permits, building permits and similar development permits, and in the enforcement, interpretation or administration of this chapter. Appeals shall be heard pursuant to the appeal procedure set forth in Section 1-4.01.
(c) 
In passing upon such applications, the Floodplain Administrator and/or planning commission 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 or ordinary and emergency vehicles;
(10) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters 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 and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounding by lots with existing structures constructed below the base flood level, providing items of subsection (c) of this section 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 subsection (c) of this section, and the purposes of this chapter, the Floodplain Administrator or the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(f) 
The Floodplain Administrator shall maintain the records of all variance and appeal actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)
(a) 
Variances may be issued for the repair or rehabilitation of historic structures 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. The approving authority may refer a variance application to the City’s Cultural Heritage Commission for its review prior to making the determination.
(b) 
Variances shall not be issued within any designated floodway if any increase in flood level 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. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City 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 believes will both provide relief and preserve the integrity of the local ordinance.
(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 subsections (a) through (d) are satisfied and that the structure of other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety or a public nuisance.
(f) 
Any applicant to whom a variance is granted shall be given written notice over the signature of a City official that:
(1) 
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 amount as high as $25 for $100 of insurance coverage.
(2) 
Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Board 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.
(Ord. No. 627, § 1; Ord. No. 655, § 2; Ord. No. 1067, § 1, 2019)