HomeMy WebLinkAboutORD-61-80 ADDING CHAPTER 17.59 TO THE OMC CREATING A FLOOD PLAIN COMBINING DISTRICTS FOR THE CITY OF ORANGEORDINANCE NO. 61-
80 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 17.59
TO THE ORANGE MUNICIPAL CODE CREATING
A FLOOD PLAIN COMBINING DISTRICTS FOR
THE CITY OF
ORANGE.AMENDMENT
9-80 CITY
OF ORANGE WHEREAS, the Planning Commission heretofore has held
a duly advertised public hearing on the hereinafter
described amendment to the Orange Municipal Code and has recommended to
the City Council, by Resolution No. PC 94-
80, approval thereof.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES
ORDAIN AS
FOLLOWS:SECTION I:Chapter 17.59 shall be added to the Orange
Municipal Code to
read as follows:
CHAPTER 17.59 FP FLOOD
PLAIN COMBINING DISTRICT
17.59.010
17.59.020
17.59.030
17.59.040
Purpose
and Intent Application
FP-l Uses Permitted FP-l
Uses Permitted Subject
to a Conditional
Use Permit 17.
59.050 17.
59.
060
17.
59.070 FP-
l FP-
2 FP-2 Uses Specifically
Prohibited Uses Permitted
Uses Permitted Subject to
a Conditional Use Permit FP-
2 Uses Specifically
Prohibited Required Procedures
and Development Standards FP
NonconformingUses Technical
Adjustment Procedures Development
Standards for Mobilehomes
17.59.080
17.59.090
17.59.100 17.59.110
17.59.120 2.59.010 Purpose and Intent
i t (FP 1 and FP-2) is
intended to The FloodplainCombin~ng D~str c - d r resent conditions,he applied
to those areas oftheCitywhich, u~ e h~zards. The
object-re SUbject to periodic flooding and
accompany ng lVes oftheFloodplainDistrictshallbe:d t minimize economic IA)
To prevent loss of life
B) To establish criteria for land management and u . fl dse1n00 -proneareasthatar,:, ,?ons1s~ent w1th that promulgated by the Federal
Insurance Adl~U~l1~t~atlOn for the purpose of providing flood
insurance el1g1.b1.l1ty for property owners.
Ie) To prohibit encroachments, new construction
other improvements or developnent that would
of floodwaters within a regulatory floodway.
D) To regulate and control uses below the elevation of the design
flood flow wi thin the remainder of the floodplain.
substantial or
obstruct the flow
17.59.020 Application
In any base district where the district symbol is followed
by, as a part of such symbol, parenthetically enclosed letters "FP"
thus (FP), the additional requirements, limitations, and standards
contained in this Chapter shall apply. The district symbol shall
constitute the "base district" and the (FP) suffix shall constitute
the "combining district". In the event of conflicting provisions
of such a combined district, the requirements of the "FP" district
shall take precedence over the requirements of the base district.
Uses permitted by the FP District must in each instance be in com-
pliance with those uses permitted by the applicable base district
regulations and associated standards.
Where there is no base district, the FP" district shall constitute
a base district.
IAl These regulations shall apply to:
1)Regulatory Floodway designated as an overlay FP-l
Zoning
District;2)Floodway Fringe, Mudslide Prone Areas and other
areas determined to be areas of Special Flood Hazard or
Floodplain areas as designated by the City
Engineer.B) Floodway, Floodplain and Flood Hazard m;eas ~n~
Regulatory way and Floodway Fringe Areas shall be 1dent1fled,
mapped,designated based
upon:
Flood-
and The design flood as determined from engineering
studies satisfactory to the City Engineer and as approved by
the City
Council.e) In areas where the Floodways or Floodplains are mapped by
both the Federal Insurance Administration and the Department
of Public Works the regulatory requirements, shall apply to
the mapped area having the outermost
boundanes.
1 )l.'!.59.030 FP-l
Uses Permitted The following uses are permitted in the
FP-l Zone:I ) d trolchannels, levees, spreading A Flood and Road
Projects. Flo? con d
torm drains constructed rounds andbasins, roads, br::
dges an s roval of
the City Engineer.1n accordance with plans
meet1ng
B) Agri?ulture. All permitted gene~al agricultural uses includin
farm1ng, pas~ures or forestry wh1ch require no permanent struc~
tures, ~andf1ll, storage of m~terials or equipment, or stream
alte~at10n that would result 1n any increase in flood levels
with1n the regulatory floodway.
Ie) pub~ic pa:z;k p:z;ojects. Parks, campgrounds, picnic grounds,
tra1ls, wJ.ldlJ.fe and natural preserves, and similar open space
uses developed for operation by a public agency and approved by
the Director of Planning and Development Services.
17.59.040 FP-l Uses Permitted Subject to a Conditional Use
Permit A)
The
the
1)
2 )following uses shall be permitted in the FP-l zone
subject to issuance of a conditional
use permit.Public
utility facilities.Recreation areas, parks, campgrounds,
playgrounds, fishing lakes, hunting clubs, riding and hiking trails,
golf courses,athletic fields, parking lots, wildlife and
natural preserves,and similar open space uses without permanent
structures or improvements,
except restrooms.3)Excavation and removal of rock, sand, gravel,
and other materials, providing that the integrity of the
water course is preserved such that the permitted excavation
area shall continue to receive and release flood waters
in a manner equal to that experienced prior to
any excavation.Further, such excavations shall be contained
within the regulatory floodway (FP-l) area and shall
not create a potential hazard to adjacent properties
resulting
from flood conditions.
B) Required Findings No use permit shall be issued unless the
following finding is made by the City of
Orange Planning Commission:1 )The proposed project, alone or in combinati?n
with exist~ng developments will not endanger life,
restr1ct the carrY1ng capacity of ~he regulatory floodway,
increase flood heights or
increase flood velocities.17.59.050 FP-
l Uses Specifically prohibited A) The following uses are specifically prohibited
in the FP-l zone:1) Landfills,
excavations, improvements, developme~ts, or .encroachments that
will obstruct or create debr1s-catch1ng obstacles to passage of the design
flood, or th~t cause a cumulative increase in
the elevation ?f the des1gn flood water profile at any point,
or that w1ll tend to broaden or direct flood flows out
of
the regulat?r~ floodway, or ula-impair the
design
flood
conveyance caPtab1tl~;i ~;z;~~ ~~g life t fl
d therwise cause a
po en ~ory 00 way, or? f
flood flows within the
FP-l areas.
or property result1ng rom 2) Permanent
structures.3) Human habitations. terials which will
4) Storage of floatable substances or ma
1 d f a stream or
watercourse.add to the debr1s
oa 0 . 1 Storage of chemicals, explos-5)
Storage of Dangerous Mater1a h toxic
materials.ives, flammable
liquids or ot!r 17 59 030 6)
All uses not permitted by Sect ons . . ,
17.
7.59.060 FP-2 Uses
Permitted he following uses are permitted in the FP-
2 zone:A) All uses permitted in the
FP-l zone.
B) Tree crops.17.59.070 FP-2 Uses Permitted Subject to
a Conditional Use Permit A) The following uses shall be permitted in
the FP-2 zone subject to the issuance
of a conditional use permit:1) All uses permitted
by Section 17.59.040.2) Excavation and removal of
rock, sand, qravel and other materials, providing that the
integrity of the water course is preserved such
that the permitted excavation area shall continue to receive and
release flood waters in a manner equal to that
experienced prior to any excavation.Further, such excavations shall
be contained within the FP-2 area and shall not
create a potential hazard to
adjacent properties resulting from flood conditions.3) Landfills within the FP-2
area that do not encroach upon the regulatory floodway,
that do not cause floodwaters to be diverted onto adjacent
properties or out of the FP-2 areas,that
are protected against erosion from flood waters, and that do not
increase the elevation of the design flood by more than one foot
at any point, or that can fully provide for
the design flood by means
of watercourse improvements approved by the City Engineer.
4) New structures and substantial improvements, including the
placement of buildings located
within FP-2 areas, which meet the following requirements:
a) Designed (or modified) and adequately anchored to
prevent flotation,
collapse
or lateral movement of the struc-ture; and
5 )b) Constructed with materials
and utility equipment resist-ant to flood damage;
and c) Constructed
by methods and practices that minimize flood
damage; and .d) Residential Structures. The lowest floor, (includ1ng basement)
must be elevated at least one (1) foot above the design
flood level or
be protected by a flood pro-tection system;
and . .e) Non-residential Structures. The lowest floor (1ncludl.ng
basement) must be elevated to one (1) foot above the .design
flood level or be
protected by a flood protectl.on system or
flood proofin~.Mobilehomes meeting the requuements of
17.59.120.17.59.080 FP-
2 Uses Specifically Prohibited b't d in the FP-
2 zone'following uses
are ~pecif~
callY proh1 1d:velo ments, or Landfills, excavat1on~, 1mprovem~n~;,
create ~ebris-catching encroachments, that wl.
ll obstruc; flood or
that cause a obstacles to passage of the des1~~ of ~he design
flood cumulative increase in the e~ev~
l.~nany point or that will
water profile more t~an one o~
f~OWS out of ~he
natural tend to broaden or
dl.~ect flO~ a otential
hazard to life floodplain, or
oth7rwl.
Se ca~~
od
ilOWS
2)
3 )
Storage of floa~able substances or materials which
add to th~ debn.s load of a stream or watercourse.
will
Storage 0 Dangerous Material. Storage of h '
sives, flarrunable liquids or other toxic mat~r~:~~ai~' a;~~;
o-
o~
l
structur~s tha~ have not been made floodproof.
A uses no permHted by Sections 17,59.060, 17.59.070
and 17.59.100. '
4)
17,59,090 Required Procedures and Development Standards
The, establishment, operation and maintenance of the uses permitted
by SecHons 17.59.040 and 17.59.070 shall be in compliance with the
following procedures and standards:
A) Procedures:
1) The Department of Planning shall review projects proposed
in the FP District to determine that all necessary permits
and certificates have been obtained. It shall make recommen-
dations concerning Use Permit applications prior to hearing
and approval by the Planning Commission to assure compliance
with the requirements of this Chapter. It shall maintain
for public inspection all records pertaining to the provisions
of that section.
2) Development proposals require that all development, sub-
division, structure and substantial improvement proposals shall
include submittal of detailed drainage studies and plans indicating
how site grading, in conjunction with any necessary drainage
conveyance systems including applicable swales, water course
courses, channels, street flows, catch basins, storm drains
and flood water retarding, will provide building pads and/or
lowest floor elevations that are safe from flood flows,
which may be expected from floods up to and including the
design flood. The grading plan shall include identified
on-si te finished grade and "design flood" elevations,
both related to mean sea level. Structural plans submitted
for building permits shall show the first floor elevation
of such structures as related to mean sea level. Said
plans and elevation information shall be maintained on file
by the Department of Public Works for flood
insurance reference
purposes. , ,3) The Department of Public Works sh~ll not~fy adJ~
cent communities, prior to any alterat~on or relocat~on of a
water-course having an effect on the flood haza:d, are~s shown on
the F. I . R. M., and submit evidence of such not~hcat~c;>n to
the Federal Insurance Administration. It shall requ~re
that maintenance is provided within the altered or reloc~
ted portion of said watercourse so that the flood carry~
ng capacity is not
diminished.8)
Conditions l) Structural floodproofing for non-residential
structure~nOnlY,Structural floodproofing as perm, it,ted herein
shall be ld C de A
civil engineer accordance with ~he unifc;>rm
Bu~ wg ~ C~
lifornia shall or architect reg~stered ~n the
State 0 certify that the floodproofing methods are ~~:~~~
i~ ;~d withstand the flood depths, veloc~
t~es, ~~~ and
other factors hydrodynamic loads, and effects
0 uoya associated with the
design
2) Anchoring. All new constructi
shall be anchored to prevent
on and substantial improvementsflotation, c 11
movement of the structure
0 apse, or lateral
3) Utilities: .
al All new and replacement wat
designed to minimize or l,e7 supp~y ~ystems shall be
flood waters into the Sy:t~~
nate ~nf~ltration of
b) New and replacement sa 't '
designed to mini'
n~ a~y,sewag~ systems shall be
t d
m~ze or el~m~nate ~nfiltration of flood
wa ers~ an
cl On-~it~ wa~te disposal systems shall be located to
adv07d ~mpa~r~ent to them or contamination from them
ur~ng flood~ng; and
d) Utilities shall be designed to resist destruction from
flood scour and the hydrostatic and hydrodynamic loads
and effects of bouyancy.
el Findings. No uses shall be approved unless the foll' f' d'
are made:
ow~ng ~n ~ngs
1) TJ;e d~velopment will not produce a significant risk to human
l~fe ~n the event of the design flood.
2 l The development is designed and sited so as to offer minimal
obstruction to the flow of floodwater.
3) TJ;e development will not create a potential hazard or other-
se adversely affect property because of diversions
ncreased heights, or velocities of flood waters or '
because of ifolc~eased debris, or otherwise affect the safety.
us~, or stab~l~ty of any public way, drainage channel, or
adJacent property during a flood condition.
17.59.100 FP Nonconforming Uses
Any use lawfully existing on any premises that is made nonconforming
by th';! application of the FP District, or by any amendment of the FP
DlStnct regulations, shall be subject to the requirements provided in
Chapter 17.88
Within the areas designated as FP-l the following
exceptions shall
apply:1 l All nonconforming structures within the area designated
as FP-l "Floodway" District on the effective date of
application of the FP-J. District or any amendment of the
FP-l District regulations shall be removed subject to the following: If
the useful life of the structure has not expired by a date five (
5) years after the effective date of the application of the FP-
l zone, the life of the structure shall be
considered to have expired automatically,and
said structure shall be removed.2) Any enlargement, expansion, change
in use, or substant~a~improvements of nonconforming structures
shall be proh~b~ted.3 l Any owner of a use or structure
made nonconforming by the applica-tion of the FP-l district
may request the Planning Commission to grant an extension of
time. The planning Commission may grant an extension
of time beyond the five-year
period.2.59.ll0 Technical Adjustment Procedures This
section provides administrative procedures for making
certain
1) property has been inadvertently included l'n a FP dtizone ue to theerroneousransportaton ~f the curvilinear flood boundar linethela~d topography that lS readily identifiable for
y to
excluslon by reason of the existing physical f t f hrtyor
ea ures 0 t e
prope ;
2) Flood p~otecti ve or flood control work adequate to protect againstthedeslgnfloodhasbeencompleted.
Al procedures for correcting mapping deficiencies unrelated to
community-wide elevation determinations. Mapping
deficiencies caused by, inadvertent,inclusion of the property in the FP
zone or a phys1cal alterat10n to surrounding property which affects
the base flood level may be corrected without necessitating a
zone change if the following requirements are met as determined
by the planning
Commission:1) Inadvertent inclusion - review of the topographical map
showing ground elevation contours on the entire building
site area confirms that the property is not within the FP
zone; or
2) Completion of flood protection/controL work - evidence confirms that
subsequent stream, channel, storm drain, or landfill improvements
fully offset flood water surface elevations so as
to meet standards established by the Federal Insurance Administration
and the Environmental Management Agency. This shall
require that:a)
Completion of work be certified by the City Engineer:and
b)
If the area is included in the City's Flood Insurance rate
map, flood protection/controL measures must be approved by the
Federal Insurance Administration and the area removed from
the F.I.R.M. and Flood Boundary and Floodway Maps.B)
Appeals. Appeal of any determinations made by the Planning Commission,under
this section will be to the City Council.17.
59.120 Development Standards for Mobilehomes In
all areas of special flood hazards, the following standards applicable
to mobilehomes are required:A)
All mobilehomes shall be anchored to resist flotation, co~lapse,or
lateral movement by providing over-the-top and frame tles
to ground anchors. Specific requirements shall be
that:1) Over-the-top tiesshallbe provid,;,d at
each ~f, the four corners of the mobilehome, Wlt~
two addl~lonal ties per side at intermediate loc~tlOns.
MO~l~ehomes less than 50 feet long shall
requlre one addltlonal
tie per side;
f th h 2) Frame ties shall be provided at each c~rner 0,
e
Ol~e. s with five additional ties per side at
lnterme~late polnt .Mobilehomes less than 50 feet long
shall requlre four additional
ties
per side; able 3) All components of the anchoring system shall
be c pa of carrying a force of 4.
800 pounds; and "1 rly 4) Any additions to the mobilehome shall
be Slml aanchored. 'ubdi vision'B) For new mobilehome park~
and m~bllehome a~ks and
mobJ.lehome sub-for expansions
to existlng ~obllehome ~
nd mobilehome sub-divisions; for existing
mobllehome, par s ~
mprovement of the divisons where
repair,
streets, utilities and pads equals or exceeds 50 percent of
value of th,,: stree~s, utilities and pads before the repair.
reconstruct~on or. ~mprove~ent has commenced; and for mobile-
homes not J?laced ~n a ~ob~lehome park or mobilehome SUbdivision.
the follow~ng are requ~red:
1) Stands or lots shall be elevated on compacted fill or on
pilings so that the lowest floor of the mobilehome will
be at or above the base flood level;
2) Adequate surface drainage and access for a hauler shall be
provided; and
3) In the instance of elevation on pilings:
a) Lots must be large enough to permit steps;
b) Piling foundations must be placed in stable soil no
more than ten feet apart; and
c) Reinforcement must be provided for pilings more than
six feet above the ground level.
e) No mobilehome shall be placed in a floodway, except in an
existing mobilehome park or an existing mobilehome sub-
division.
SEcrrON II:
This ordinance shall be published one within fifteen (15)
days after i ts p~ssage in. the orange. City News~ a newspaper of
general circulat~on. publ~shed and c~rculated ln the City of
Orange, and shall take effect thirty (30) days from and after
the date of its final passage.
ADOPTED this 28th day of October 1980.
ATTEST:
C(;;~~
TPI~v9!:-t~
SS
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
k f the City of Orange, California,
I, MARILYN J. JENSEN, City Cler 0
was introduced at a regular
DO HEREBY CERTIFY that the foregoing ordina~C~
a of October, 1980, and
meeting of the City Council held on the 2i~ co~ncil duly held on the 28th
thereafter 'at a regular meeting of said C ~
t d by the following vote,
day of October, 1980, was duly passed and a op e
to wi t:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA,
NONE.
NONE.
SMITH, MAYOR BEAM, PEREZ, BEYER.
this 29th day of October, 1980.
WITNESS my hand and seal
Marilyn J. Jensen
City Clerk of the City of Orange
8-