HomeMy WebLinkAbout11A - ORD - FEDERAL FLOODPLAIN MGMTORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING AND READOPTING
CHAPTER 7 OF THE SANTA ANA MUNICIPAL CODE
UPDATING THE CITY'S FLOODPLAIN MANAGEMENT
REGULATIONS TO MEET CURRENT FEDERAL
REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City of Santa enforces regulations adopted by the Federal Emergency
Management Agency ("FEMA") in order that its residents may obtain
reasonable flood insurance and be eligible for federally insured loans.
B. FEMA has amended its regulations and requires the City to adopt those
amendments to comply with these new regulations in order for these
protections to continue for City property owners located in floodplains.
C. A small portion of the northwest area of the City and an area adjacent to
the Santiago Creek bed are subject to FEMA regulations as those areas
may experience shallow flooding.
Section 2. In accordance with the California Environmental Quality Act, the
proposed project is exempt from further review. Categorical Exemption 2009-81will be
filed for the project.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resources
or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to
Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and
Game Department filing fees is not required in conjunction with this project.
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Section 3. Chapter 7 of the Santa Ana Municipal Code, entitled "Floodplain
Management Regulations," together with all amendments thereto, and consisting of
Sections 7-1 through 7-56 inclusive, is hereby repealed.
Section 4. Santa Ana Municipal Code is hereby amended by adding a chapter,
numbered Chapter 7, to read in full as follows:
Chapter 7 -Floodplain Management Regulations
ARTICLE I. IN GENERAL
Sec.7-1. Authorization.
Pursuant to section 200 of its Charter, the City has the explicit authority to make and
enforce all laws and regulations in respect to, including all provisions of this chapter. In
addition, the Legislature of the State of California has in Government Code sections
65302, 65560 and 65800 conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the City Council of the City of Santa Ana does hereby adopt the
following floodplain management regulations.
Sec. 7-2. Findings of Fact.
(a) The flood hazard areas of the City of Santa Ana 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 flood losses.
Sec. 7-3. Statement of Purpose.
It is the purpose of this chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by legally enforceable regulations applied uniformly throughout the community to
all publicly and privately owned land within flood prone, mudslide, mudflow or flood
related erosion areas. These regulations are designed to:
(a) Protect human life and health;
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(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas
of special flood hazard;
(f) Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
blighted areas caused by flood damage;
(g) Ensure that potential buyers are notified that property is in an area of special
flood hazard; and
(h) Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Sec. 7-4. Methods of Reducing Flood Loss.
In order to accomplish its purposes, this ordinance includes regulations to:
(a) Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
(b) Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
(c) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
(d) Control filling, grading, dredging, and other development which may increase
flood damage; and
(e) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
Sec.7-5. Definitions.
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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.
"'A' zone" -see "Special flood hazard area."
"Accessory structure" means a structure that is either:
(a) Solely for the parking of no more than 2 cars; or
(b) A small, low cost shed for limited storage, less than 150 square feet and $1,500
in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of
the parcel of land on which it is located.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this chapter, where right to appeal is provided herein.
"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 hazard" -See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "100-year flood"). Base flood is the term
used throughout this chapter.
"Base flood elevation (BFE)" means the elevation shown on the Flood Insurance Rate
Map for Zones AE, AH, Al-30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a 1-percent or greater chance of being equaled
or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below
ground level - on all sides.
"Building" -see "Structure".
"Development" means any man-made 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.
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"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 November 1, 1979.
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
(a) A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (i.e.,
mudflows); and
(b) The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by
water from any source -see "Flooding."
"Floodplain Administrator" is defined in section 7-13.
"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
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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 grading and erosion control) and other application of police power which
control development in flood-prone areas. This term describes federal, state or local
regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins
TB 1-93, TB 3-93, and TB 7-93, or successor bulletins.
"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 in this
chapter as "Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Article IV of this chapter, means that the
floodplain variance granted must not cause fraud on or victimization of the public. In
examining this requirement, the City of Santa Ana will consider the fact that every newly
constructed building adds to government responsibilities and remains a part of the
community for fifty to one-hundred years. Buildings that are permitted to be constructed
below the base flood elevation are subject during all those years to increased risk of
damage from floods, while future owners of the property and the community as a whole
are subject to all the costs, inconvenience, danger, and suffering that those increased
flood damages bring. In addition, future owners may purchase the property, unaware
that it is subject to potential flood damage, and can be insured only at very high flood
insurance rates.
"Hardship" means the floodplain exceptional hardship that would result from a failure to
grant the requested floodplain variance. The request for floodplain variance be 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.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
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"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 the City's list of historic places, adopted pursuant to Chapter
30 of this Code.
"Levee" means aman-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are constructed
and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see definition of "Basement").
(a) An unfinished or flood resistant enclosure below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor provided it conforms to
applicable non-elevation design requirements, including, but not limited to:
(1) The flood openings standard in section 7-17,
(2) The anchoring standards in section 7-17(a),
(3) The construction materials and methods standards in section 7-17(b), and
(4) The standards for utilities in section 7-18.
(b) For residential structures regulated by this chapter, all subgrade enclosed areas
are prohibited as they are considered to be basements (see definition of
"Basement"). This prohibition includes below-grade garages and storage areas.
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"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"Market value" means the substantial damage/improvement procedures referenced in
section 7-14(b)(1).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
(NAND) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
"New construction", for floodplain management purposes, means structures for which
the "start of construction" commenced on or after November 1, 1979, and includes any
subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after November 1, 1979.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
"One-hundred-year flood" or "100-year flood" -see "Base flood."
"Program deficiency" means a defect in a community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
"Public safety and nuisance" as related to Article IV of this chapter, means that the
granting of a floodplain variance must not result in anything which is injurious to safety
or health of an entire community or neighborhood, or any considerable number of
persons, or unlawfully obstructs the free passage or use, in the customary manner, of
any navigable lake, or river, bay, stream, canal, or basin.
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"Recreational vehicle" means a vehicle which is:
(a) Built on a single chassis;
(b) 400 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 chapter 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 but not limited
to tributaries, streams and brooks.
"Sheet flow area" -see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1
percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, Al-A30, AE, A99, or, AH.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufacture 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
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of a building, whether or not that alteration affects the external dimensions of the
building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent 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 percent of the
market value of the structure before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations or state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
(b) Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
"Floodplain variance" means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited by this
chapter.
"Violation" means the failure of a structure or other development to be fully compliant
with this chapter. 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 (NAND) 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.
Sec. 7-6. Lands to which this chapter applies.
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11A-10
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the
City.
Sec. 7-7. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the "Flood Insurance Study (FIS) for the County of Orange dated
February 18, 2004, with accompanying Flood Insurance Rate Maps (FIRM's) dated
February 18, 2004, and all subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this chapter. This FIS 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 this chapter and which are
recommended to the City of Santa Ana by the Floodplain Administrator. The study and
FIRM's are on file at Building Safety Division of City of Santa Ana at 20 Civic Center
Plaza in the City.
Sec. 7-8. Compliance; violation.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards) shall
constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful
action as is necessary to prevent or remedy any violation.
Sec. 7-9. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another chapter,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Sec. 7-10. Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the City; and
(c) Deemed neither to limit nor repeal any other powers granted under this Code,
state or federal law.
Sec. 7-11. Warning and Disclaimer of Liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This chapter does not imply that land outside the areas of special flood
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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, any officer or employee thereof,
the State of California, or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this chapter or any administrative decision lawfully
made hereunder.
Sec.7-12. Severability.
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.
ARTICLE II: ADMINISTRATION
Sec. 7-13. Designation of the Floodplain Administrator.
Except as to Article V of this chapter, the Executive Director of Planning and Building
Agency shall be designated as the Floodplain Administrator and administer, implement,
and enforce this chapter by granting or denying development permits in accord with its
provisions. With respect to Article V of this chapter, the Executive Director of the Public
Works Agency shall be designated as the Floodplain Administrator and administer,
implement, and enforce said Article.
Sec. 7-14. Duties and Responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to the following:
(a) Permit review.
Review all development permits to determine:
(1) Permit requirements of this chapter have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
(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 areas where base flood elevations have been determined but a
floodway has not been designated. This means that the cumulative effect
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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 1 foot at any point within the City; and
(5) All Letters of Map Revision (LOMR's) 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 (CLOMR's).
Approved CLOMR's allow construction of the proposed flood control
project and land preparation as specified in the "start of construction"
definition.
(b) Development of substantial improvement and substantial damage procedures.
(1) Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings" as amended from time to time, develop
detailed procedures for identifying and administering requirements for
substantial improvement and substantial damage, to include defining
"Market Value."
(2) Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
(c) Review, use, and development of other base flood data.
When base flood elevation data has not been provided in accordance with
section 7-7, the Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal or
state agency, or other source, in order to administer Article III of this chapter.
NOTE: Abase flood elevation may be obtained using one of two methods from
the FEMA publication, FEMA 265, "Managing Floodplain Development in
Approximate Zone AAreas - A Guide for Obtaining and Developing Base (100-
year) Flood Elevations" dated July 1995, as amended from time to time.
(d) Notification of other agencies.
(1) Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
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(2) Base Flood Elevation changes due to physical alterations:
a. Within 6 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).
b. All LOMR's 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 (CLOMR's). Approved CLOMR's
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.
(3) Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of the
community clearly delineating the new corporate limits.
(e) Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the
following:
(1) Certification required by sections 7-17(c)(1) and 7-20 (lowest floor elevations);
(2) Certification required by section 7-17(c)(2) (elevation or floodproofing of
nonresidential structures);
(3) Certification required by section 7-14(c)(3) (wet floodproofing standard);
(4) Certification of elevation required by section 7-19(a)(3) (subdivisions and
other proposed development standards);
(5) Certification required by section 7-22(b) (floodway encroachments); and
(6) Maintain a record of all floodplain variance actions, including justification for
their issuance, and report such floodplain variances issued in its biennial
report submitted to the Federal Emergency Management Agency.
(f) Map Determination.
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Make interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazard, where there appears to be a conflict between a
mapped boundary and actual field conditions. Such determination may be
appealed by any interested person as provided in section 7-25.
(g) Remedial Action.
Take action to remedy violations of this chapter as specified in section 7-8.
(h) Biennial Report.
Complete and submit Biennial Report to FEMA.
(i) Planning.
Assure the City's General Plan is consistent with floodplain management
objectives herein.
Sec. 7-15. Development Permit.
A development permit shall be obtained before any construction or other development,
including manufactured homes, within any area of special flood hazard established in
section 7-7. Application for a development permit shall be made on forms furnished by
the City. The applicant shall provide the following minimum information:
(a) Plans in duplicate, drawn to scale, showing:
(1) Location, dimensions, and elevation of the area in question, existing or
proposed structures, storage of materials and equipment and their
location;
(2) Proposed locations of water supply, sanitary sewer, and other utilities;
(3) Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
(4) Location of the regulatory floodway when applicable;
(5) Base flood elevation information as specified in sections 7-7 and 7-14(c);
(6) Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
(7) Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in section 7-
17(c)(2) in FEMA Technical Bulletin TB 3-93, as it may be amended from
time to time.
(b) Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in section 7-17(c)(2).
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11 A-15 Page 15 of 27
(c) For scrawl-space foundation, location and total net area of foundation openings
as required in section 7-17(c)(3) of this chapter and detailed in FEMA Technical
Bulletins 1-93 and 7-93 as it may be amended from time to time.
(d) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
(e) All appropriate certifications listed in section 7-14(e) of this chapter.
ARTICLE III. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 7-17. Standards of construction.
In all areas of special flood hazards the following standards are required:
(a) Anchoring.
All new construction and substantial improvements of structures, including
manufactured homes, shall be adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
(b) Construction Materials and Methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
(1) With flood resistant materials, and utility equipment resistant to flood damage
for areas below the base flood elevation;
(2) Using methods and practices that minimize flood damage;
(3) With electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding; and
(4) Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
(c) Elevation and floodproofing.
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11A-16
(1) Residential construction.
All new construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
a. In AE, AH, Al-30 Zones, elevated to or above the base flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM,
or elevated at least 2 feet above the highest adjacent grade if no depth
number is specified.
c. In an A zone, without BFE's specified on the FIRM [unnumbered A
zone], elevated to or above the base flood elevation; as determined
under section 7-14(c).
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.
(2) Nonresidential construction.
All new construction or substantial improvements of nonresidential structures
shall either be elevated to conform with section 7-17(c)(1), or:
a. Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under section 7-17)(c)(1), so that
the structure is watertight with walls substantially impermeable to the
passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the
standards of section 7-17(c)(2)(a) & (b) are satisfied. Such certification
shall be provided to the Floodplain Administrator.
(3) 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
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11 A-17 Page 17 of 27
flood forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must meet the following minimum
criteria:
a. For non-engineered openings:
1. Have a minimum of two openings on different sides having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above
grade;
3. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwater; and
4. Buildings with more than one enclosed area must have openings
on exterior walls for each area to allow flood water to directly enter;
or
b. Be certified by a registered civil engineer or architect.
(4) Manufactured homes.
a. See section 7-20.
(5) Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed with the
garage floor slab below the BFE, must be designed to allow for the
automatic entry of flood waters. See section 7-17(c)(3). Areas of
the garage below the BFE must be constructed with flood resistant
materials (see section 7-17(b)).
2. A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on below
grade parking areas, see FEMA Technical Bulletin TB-6, as it may
be amended from time to time.
b. Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (2 car detached
garages or smaller) or limited storage (small, low-cost sheds), as
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11A-18
defined in section 7-5, may be constructed such that its floor is
below the base flood elevation (BFE), provided the structure is
designed and constructed in accordance with the following
requirements:
a. Use of the accessory structure must be limited to parking or
limited storage;
b. The portions of the accessory structure located below the
BFE must be built using flood-resistant materials;
c. The accessory structure must be adequately anchored to
prevent flotation, collapse and lateral movement;
a. Any mechanical and utility equipment in the accessory
structure must be elevated or floodproofed to or above the
BFE;
b. The accessory structure must comply with floodplain
encroachment provisions in section 7-22; and
c. The accessory structure must be designed to allow for the
automatic entry of flood waters in accordance with section 7-
17(c)(3).
2. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable
standards in section 7-17.
Sec. 7-18. Standards for utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
(1) infiltration of flood waters into the systems; and
a. Discharge from the systems into flood waters.
(b) On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
Sec. 7-19. Standards for subdivisions and other proposed development.
(a) All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or
5 acres, whichever is the lesser, shall:
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11 A-19 Page 19 of 27
(1) Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations
(BFE).
(2) Identify the elevations of lowest floors of all proposed structures and pads on
the final plans.
(3) If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil engineer
or licensed land surveyor and provided as part of an application for a Letter of
Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
(b) All subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
(c) 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.
(d) All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
Sec. 7-20. Standards for manufactured homes.
(a) 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:
(1) Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate
Map, be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation and be
securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(b) All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al-30, AH, and AE
on the community's Flood Insurance Rate Map that are not subject to the
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11 A-20
provisions of section 7-20(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.
Sec. 7-21. Standards for recreational vehicles.
(a) All recreational vehicles placed in Zones Al-30, AH, and AE will either:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use. A recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
(3) Meet the permit requirements of section 7-15 and the elevation and
anchoring requirements for manufactured homes in section 7-20(a).
Sec.7-22. Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood waters
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
Al-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 (1) 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
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11 A-21 Page 21 of 27
demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(c) If section 7-22(a) & (b) are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of this Article III.
ARTICLE IV. FLOODPLAIN VARIANCE PROCEDURE
Sec. 7-23. Nature of floodplain variances.
The issuance of a floodplain variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial risk and will
not be modified by the granting of a floodplain variance.
The floodplain variance criteria set forth in this section of the chapter are based on the
general principle of zoning law that floodplain variances pertain to a piece of property
and are not personal in nature. A floodplain variance may be granted for a parcel of
property with physical characteristics so unusual that complying with the requirements
of this chapter would create an exceptional hardship to the applicant or the surrounding
property owners. The characteristics must be unique to the property and not be shared
by adjacent parcels. The unique characteristic must pertain to the land itself, not to the
structure, its inhabitants, or the property owners.
Floodplain variances shall be approved only in rare circumstances. The long term goal
of preventing and reducing flood loss and damage can only be met if floodplain
variances are strictly limited. Therefore, the floodplain variance guidelines provided in
this chapter are more detailed and contain multiple provisions that must be met before a
floodplain variance can be properly granted. The criteria are designed to screen out
those situations in which alternatives other than a floodplain variance are more
appropriate.
Sec. 7-24. Conditions for floodplain variances.
(a) Generally, floodplain variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of
one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing that the procedures
of Articles II and III have been fully considered. As the lot size increases beyond
one-half acre, the technical justification required for issuing the floodplain
variance increases.
(b) Floodplain variances may be issued for the repair or rehabilitation of "historic
structures" (as defined in section 7-5) upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as
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11 A-22
an historic structure and the floodplain variance is the minimum necessary to
preserve the historic character and design of the structure.
(c) Floodplain variances shall not be issued within any mapped regulatory floodway
if any increase in flood levels during the base flood discharge would result.
(d) Floodplain variances shall only be issued upon a determination that the
floodplain 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
floodplain 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 finds will both
provide relief and preserve the integrity of this chapter.
(e) Any applicant to whom a floodplain variance is granted shall be given written
notice over the signature of a community official that:
(1) The issuance of a floodplain variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage, and
(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
Administrator in the County Recorder's Office of the County of Orange and
shall be recorded in a manner so that it appears in the chain of title of the
affected parcel of land.
(f) The Floodplain Administrator will
actions, including justification for
variances issued in its biennial
Management Agency.
maintain a record of all floodplain variance
their issuance, and report such floodplain
report submitted to the Federal Emergency
Sec.7-25. Appeals.
(a) In passing upon requests for floodplain variances, the City's Planning
Commission shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter, and the:
(1) Danger that materials may be swept onto other lands to the injury of others;
(2) Danger of life and property due to flooding or erosion damage;
(3) Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the existing individual owner and future owners of
the property;
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11 A-23 Page 23 of 27
(4) Importance of the services provided by the proposed facility to the
community;
(5) Necessity to the facility of a waterfront location, where applicable;
(6) Availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development;
(8) Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) Safety of access to the property in time of flood for ordinary and emergency
vehicles;
(10) Expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site; and
(11) 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.
(b) Floodplain variances shall only be issued upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the floodplain variance would result in
exceptional "hardship" to the applicant; and
(3) Determination that the granting of a floodplain variance will not result in
increased flood heights, additional threats to public safety, or extraordinary
public expense, create a nuisance (see "Public safety and nuisance"), cause
"fraud and victimization" of the public, or conflict with existing local laws or
chapters.
(c) Floodplain variances may be issued for new construction, substantial
improvement, and other proposed new development necessary for the conduct of
a functionally dependent use provided that the provisions of section 7-25 are
satisfied and that the structure or other development is protected by methods that
minimize flood damages during the base flood and does not result in additional
threats to public safety and does not create a public nuisance.
(d) Upon consideration of such factors, the Planning Commission may approve,
deny or approve with conditions any request for a floodplain variance.
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11 A-24
(e) The Planning Commission shall hear such other appeals as are authorized by
this chapter.
ARTICLE V.
PUBLIC WORKS MANAGEMENT STANDARDS
Sec. 7-26. General development standards.
The Floodplain Administrator shall review the following proposals for development in the
Special Flood Hazard Area
(a) All public works construction proposals;
(b) All tentative subdivision maps; and,
(c) All development proposals referred to him pursuant to section 7-25; and
shall approve, conditionally approve, or disapprove them based on his
determination of whether the following standards are satisfied:
(1) The proposed development must be consistent with the need to
minimize flood damage within the Special Flood Hazard Area.
(2) All public utilities and facilities, such as sewer, gas, electrical, and
water systems must be located and constructed to minimize or
eliminate flood damage.
(3) Adequate drainage must be provided to reduce exposure to flood
hazards. Within the Special Flood Hazard Area, adequate drainage
paths around structures on slopes must be provided to guide
floodwaters around and away from proposed structures.
Sec. 7-27. Base flood elevation data.
No tentative or final subdivision map which pertains to a proposed subdivision greater
than fifty (50) lots or five (5) acres, whichever is less, in the Special Flood Hazard Area
shall be approved unless base flood elevation data is included in or with the tentative
map.
Sec. 7-28. Water supply systems.
The Floodplain Administrator shall assure that new and replacement water supply
systems in the Special Flood Hazard Area are designed to minimize or eliminate
infiltration of floodwaters into the systems.
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Sec. 7-29. Sewerage systems.
The Floodplain Administrator shall assure that new and replacement sanitary sewerage
systems in the Special Flood Hazard Area are designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into the
floodwaters.
Sec. 7-30. Waste disposal systems.
The Floodplain Administrator shall assure that on-site waste disposal systems in the
Special Flood Hazard Area are located to avoid impairment to them or contamination
from them during flooding.
Sec. 7-31. Watercourse alterations.
The Floodplain Administrator shall notify adjacent communities and the state
coordinating office prior to any alteration or relocation of a watercourse in riverine
situations. He shall submit copies of such notifications to the federal insurance
administrator. He shall assure that the flood-carrying capacity within the altered or
relocated portion of any watercourse is maintained.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of , 2009
Miguel A. Pulido
Mayor
Ordinance No. NS-XXX
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11 A-26
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
11 A-27 Page 27 of 27
11 A-28