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.
means a request for a review of the Floodplain Administrator’s
interpretation or decision of any provision of this chapter.
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.
is the area subject to severe flood-related erosion losses.
The area is designated as Zone E on the flood insurance rate map (FIRM).
See “Special flood hazard area.”
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.
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.
means any area of the building having its floor subgrade
(below ground level) on all sides.
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:
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.
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.
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.
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: (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.
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.
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 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.
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.
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.
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.”
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.
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.
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 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:
The flood openings standard in Section 8-11.115(c)(3)8-11.115(c)(3);
The anchoring standards in Section 8-11.115(a);
The construction materials and methods standards in Section 8-11.115(b); and
The standards for utilities in Section 8-11.116.
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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.
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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.”
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), 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
May 3, 1988.
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.
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.
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 agent, firm, partnership, association
or corporation, or agent of the aforementioned groups, or the state
or its agencies or political subdivisions.
means a vehicle which is:
Built on a single chassis;
Four hundred 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 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.
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.
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
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.
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.
means a walled or 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 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.
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
Any alteration of a “historic structure” provided
that the alteration will not preclude the structure’s continued
designation as a “historic structure.”
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.
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.
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.
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;
(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.
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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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(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.
(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).
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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.
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(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.
(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.
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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.
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(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
(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.
(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)
