ORD-10-87 URGENCY MEASURE CONCERNING FLOOD PLAIN MANAGEMENTORDINANCE NO. 10-
87 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE TO REPEAL AND
REPLACE INTERIM ORDINANCE NO. 14-87
ADOPTED AS AN URGENCY MEASURE
CONCERNING FLOOD-
PLAIN MANAGEMENT.WHEREAS, on April 28, 1987, the city
Council adopted Ordinance No. 14-87 as an
urgency measure; and WHEREAS, the recital portion of Ordinance
No. 14-87 set forth fully the purposes
for establishing a floodplain management program and the methods to
be used to
accomplish those purposes; and WHEREAS, the text of this Ordinance
No. 10-87 is the same as the operative
portion (Section I) of Ordinance No. 14-87: therefore,
the reasons for adoption of this Ordinance are the same as
set
forth in Ordinance No. 14-87;and
WHEREAS, Ordinance No. 14-87 became effective immediately after waiver
of reading and the required affirmative vote of the
Council, this Ordinance No. 10-87 shall become effective
only after the
regular procedure for adopting ordinances has been satisfied:
and WHEREAS, when this Ordinance No. 10-87 becomes effective,
Ordinance No. 14-87 shall
be null and void without further action of the City
Council.NOW, THEREFORE, THE CITY
COUNCIL OF
THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:Section
I:Title 15 of the Orange Municipal Code is
hereby amended to
add Chapter 15.
60 to read as follows:Chapter 15.60 FLOOD DAMAGE PREVENTION
15.60.010 Name. This Chapter may be referred to
as Chapter 15.
L _~___..-15.
60.020 Findings of Fact. A. The flood hazard areas of
the City of Orange are subject to periodic inundation which
results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood pro-tection
and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
B.
These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inad-equately
anchored, damage uses in other areas. Uses that are
inadequately floodproofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.15.
60.030 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 provisions 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.15.
60.040 Methods of Reducin Flood Losses.to
accomplls ltS purposes, thls Chapter lncludes and
provisions for:In
order methods
A.
Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards,
or which result in damaging increases in erosion or in
flood heights or velocities;ORD
NO. 10-87 2 -II
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other
development which may increase flood damage; and
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which
may increase flood hazards in other areas.
15.60.050 Definitions. Unless specifically defined
below, words or phrases used in this Chapter shall be
interpreted So as to give them the meaning they have in
common usage and to give this Chapter its most reasonable
application.
Appeal" means a request for a review of the Floodplain
Administrator's interpretation of any provision of this
Chapter or a request for a variance.
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.
Area of special flood-related erosion hazard" is
the area sUbject to severe flood-related erosion
losses. The area is designated as Zone E on the Flood Insurance
Rate
Map FIRM) .Area of special mudslide (i.e., mudflow)
hazard" is the area subject to severe mudslides (i.e.,
mudflows). The area is designated as Zone M on the Flood Insurance
Rate
Map FIRM) .Base flood" means the flood having a
one percent chance of being equalled or exceeded in any given
year (also called the "
lOO-year flood").Basement" means any area of the
building having its floor subgrade (below ground level)
on all sides.Breakaway walls" are any type of
walls, whether solid or lattice, and whether constructed
of concrete, masonry,wood, metal, plastic, or any other
suitable building material 3 -ORD NO.
which is not part of the structural support of the building
and which is designed to break away under abnormally high
tides or wave action without causing any damage to the
structural integrity of the building on which they are used
or any buildings to which they might be carried by flood
waters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty
pounds per square .foot. Use of br~ay walls must be
certified by a registered engineer or architect and shall
meet the following conditions:
1. Breakaway wall collapse shall result from a water
load less than that which would occur during the base flood;
and
2. The elevated portion of the building shall not
incur any structural damage due to the effects of wind and
water loads acting simultaneously in the event of the base
flood.
Development" means any man-made change to improve
or unimprove real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading,paving, excavation, or drilling
operations.Flood or flooding" means a general and
temporary condition of partial or complete inundation of normally
dry land areas from (1) the overflow of flood waters, (2)
the unusual and rapid accumulation or runoff of surface
waters from any source, and/or (3) the collapse or subsidence
of land along the shore of a lake or other body of water as
a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in this
definition.Flood Boundary and Floodway Map" means the
official map on which the Federal Emergency Management Agency
or Federal Insurance Administration has delineated both
the areas of flood hazard and the
floodway.Flood Insurance Rate Ma (FIRM)" means the
official map on wh~c the Fe eral 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.ORD NO. 10-87 4 -
Flood Insurance Study" means the official report
provided by the Federal Insurance Administration that includes
flood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
Floodplain or flood-prone area" means any land
area susceptible to being inundated by water from any source (
see definition of "
flooding").Floodplain management" means the operation of
an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works, and
floodplain management
regulations.Floodplain management regulations" means
zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance, and erosion control
ordinance)and other applications of police power. The term
describes such state or local regulations in any combination
thereof,which provide standards for the purpose of flood
damage prevention and
reduction.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.Floodway" means the channel of a river or
other watercourse and the adjacent land areas necessary in
order to discharge the base flood without cumulatively
increasing the water surface elevation more than one
foot.Functionally dependent use" means a use which
cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and
ship building and ship repair facilities, but does not
include long-term storage or related
manufacturing facilities.Highest adjacent grade" means the
highest natural elevation of the ground surface prior to
construction next to the proposed walls of
a structure.Lowest floor" means the lowest floor of
the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable soley for parking
of vehicles,5 -ORD NO. 10-
87
building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided,
that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements
of this Chapter.
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 foun-
dation when connected to the required utilities. For flood-
plain management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive
days.
Manufactured home ark or subdivision" means a parcel
or cont~guous parcels of land div~ded into two or more
manufactured home lots for sale or rent.
Mean sea level" means, for purposes of the National
Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map
are referenced.
New construction" means, for floodplain management
purposes, structures for which the "start of construction"
commenced on or after the effective date of a floodplain
management regulation adopted by this community.
One hundred year flood" or "lOO-year flood" means
a flood which has a one percent annual probability of
being equalled or exceeded. It is identical to the "base
flood",which will be the term used throughout this
Chapter.Person" means an individual or his agent,
firm,partnership, association or corporation, or agent of
the aforementioned groups, or this state or its agencies
or political
subdivisions.Remedy a violation" means to bring the structure
or other development into compliance with State or local
flood-plain management regulations, or, if this is not
possible,to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure
or other affected development from flood damages,
implementing the enforcement provisions of the ordinance or
otherwise deterring future similar violations, or reducing
Federal financial exposure with regard to the structure or
other
development.ORD NO. 10-87 6 -
Riverine" means
relating to, formed by, or resembling a river (
including tributaries), stream, brook, etc.Sand dunes"
mean naturally occurring accumulations of sand in
ridges or mounds landward of the beach.Special flood
hazard area" means an area having special flood or
flood-related erosion hazards, and shown on an FHBM or
FIRM as Zone A, AO, Al-30, AE, A99, or AH.
Start of Construction" includes substantial improvement,
and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the
permit date. The actual start means either the first place-
ment of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure.
Structure" means a walled and roofed building, including
a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Substantial improvement" means any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure
either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged, and is being
restored, before the damage occurred.
For the purposes of this definition "substantial
improvement" is considered to occur when the first alter-
ation of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term
does not, however, include either:
7 -ORD NO. 10-87
L,,~_.__
1. Any project for improvement of a structure to
comply with existing state or local health, sanitary. or
safety code specifications which are solely necessary to
assure safe living conditions; or
2.
Register
Places.
Any alteration of a structure listed on the National
of Historic Places or a State Inventory of Historic
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 the community's
floodplain management regulations. A structure or other
development without the elevation certificate, other certi-
fications, or other evidence of compliance required in this
Chapter is presumed to be in violation until such times as
that documentation is provided.
GENERAL PROVISIONS
15.60.060 Lands to Which this Ordinance Applies. This
ordinance shall apply to all areas of special flood hazards,
areas of flood-related erosion hazards and areas of
mudslide i.e., mudflowl hazards within the jurisdiction of the
City of
Orange.15.60.070 Basis for Establishing the Areas of
Special Flood Hazard. The areas of special flood hazard, areas
of flaad-relatAd Arasion hazards and areas of mudslide (
i.e.,mudflowl hazards identified by the Federal
Emergency Manage-ment Agency or the Federal Insurance Administration
in a scientific and engineering report entitled "
Flood Insurance Study for the City of Orange, California,
dated September 30, 1982, with an accompanying Flood Insurance Rate
Map is hereby adopted by reference and declared to be a
part of this ordinance. This Flood Insurance Study is on
file at 300 East Chapman Avenue, Orange, CA 92666.
This Flood Insurance Study 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 Council by the
Floodplain Administrator.15.60.080 compliance. No structure or
land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms
of this ORD NO. 10-87
Chapter and other applicable regulations. Violations of the
provisions of this Chapter by failure to comply with any of
its requirements (including violations of conditions and
safeguards established in connection with conditions) shall
constitute a misdemeanor. Nothing herein shall prevent the
City Council from taking such lawful action as is necessary
to prevent or remedy any violation.
15.60.090 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 ordinance, chapter, easement,
covenant. or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
15.60.100 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 governing body;
and,
C. Deemed neither to limit nor repeal any other powers
granted under state statutes.
15.60.110 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 hazards, areas of flood-related erosion hazards,
and areas of mudslide (i.e., mudflow) hazards or uses
permitted within such areas will be free from flooding or
flood damages.This Chapter shall not create liability on the part
of the City of Orange, any officer or employee thereof,
or the Federal Insurance Administration, for any flood
damages that result from reliance on this Chapter or
any administrative decision lawfully
made thereunder.15.60.120 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 unconstitu-tional
or invalid.9 -ORD NO. 10-
ADMINISTRATION
15.60.130 Establishment of Development Permit. A
Development Permit shall be obtained before construction or
development begins within any area of special flood hazards,
areas of flood-related erosion hazards or areas of
mudslide i.e., mudflow) established in Section 15.60.070.
Application for a Development Permit shall be made on forms furnished
by the Floodplain Administrator and may include, but not
be limited to: plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevation of the area
in question: existing or proposed structures, fill, storage
of materials, drainage facilities: and the location of
the foregoing. Specifically, the following information
is
required:A. Proposed elevation in relation to mean sea
level,of the lowest floor (including basement) of all
structures:in Zone AO, elevation of highest adjacent grade and
proposed elevation of lowest floor of all
structures.B. Proposed elevation in relation to mean sea level
to which any structure will be
floodproofed:C. All appropriate certifications listed in
Section 15.60.150D of this Chapter:
and D. Description of the extent to which any
watercourse will be altered or relocated as a result of proposed
development.15.60.140 Designation of the Floodplain
Administrator.The City Engineer is hereby appointed to administer
and implement this Chapter by granting or denying
development permits in accordance with its
provisions.15.60.150 Duties and Responsibilities of the
Floodplain Administrator. The duties and responsibilities of
the Floodplain Administrator shall include, but not be
limited
to:A. Permit
review.1. Review all development permits to
determine that the permit requirements of this Chapter have
been
satisfied:2. All other required state and federal
permits required for floodplain management purposes have been
obtained.3. The site is reasonably safe from
flooding.ORD NO. 10-87 - 10 -
4. The proposed development does not adversely
affect the carrying capacity of the floodway. 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.
B. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with
Section 15.60.070, the Floodplain Administrator shall obtain,
review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state, or other
source, in order to administer the portion of the Chapter
concerning flood hazard reduction. Any such information
shall be submitted to the City Council for adoption.
C. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California
Department of Water Resources prior to such alteration or
relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
2. Require that the flood carrying capacity of the
altered or relocated portion of said watercourse is maintained.
For purposes of this Section, a watercourse is any
naturally occurring drainage channel which carries drainage
runoff from upstream tributary areas as shown on Flood
Insurance Rate Maps (FIRM).
D. Obtain and maintain for public inspection and make
available as needed:
1. The certified elevation required in Section
15.60.160Cl;
2. The certification required in Section 15.60.160C2;
3. The certification required in Section 15.60.160C3c;
4. The certification required in Section 15.60.160C4a
or 15.60.160C4b;
5. The certificated elevation required in Section
15.60.180B;
11 -ORD NO. 10-87
6. The certification required in Section 15.60.200A;
and
7. The reports required in Section 15.60.210D.
E. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood
hazards, areas of flood-related erosion hazards or areas
of mudslide (i.e., mudflow) (for example, where there
appears to be a conflict between a mapped boundary and actual
field conditions). The person contesting the location of
the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in the Variance
Procedure portion of this
Chapter.F. Take action to remedy violations of this Chapter
as specified in Section 15.60.080
herein.PROVISIONS FOR FLOOD HAZARD
REDUCTION 15.60.160 Standards of Construction. In all areas
of special flood hazards the following standards are
required:A.
Anchoring.1. All new construction and substantial
improve-ments shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of
buoyancy.2. All manufactured homes shall meet the
anchoring standards of Section 15.60.
190.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.ORD NO. 10-87 12 -
4. Require within Zones AH or AO adequate drainage
paths around structures on slopes to guide flood waters
around and away from proposed structures.
C. Elevation and Floodproofing.
1. New construction and substantial improvement of
any structure shall have the lowest floor, including basement,
elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in Section 15.60.l60C3.
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 City building inspector to be properly elevated. Such
certification or verification shall be provided to the
Floodplain Administrator.
2. New construction and substantial improvement of
any structure in Zone AH or AO shall have the lowest floor,
including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet
on the FIRM, or at least two feet if no depth number is
specified. Nonresidential structures may meet the standards
in Section 15.60.l60C3. 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.
3. Habitable nonresidential construction shall
either be elevated in conformance with Section 15.60.160Cl
or 15.60.160C2 together with attendant utility and sanitary
facilities:
a. Be floodproofed so that below the base
flood level the structure is watertight with walls sub-
stantially 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. Require, for all new construction and substantial
improvements, that fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to
13 -ORD NO. 10-87
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
a. Either a minimum of two openings having a
total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher
than one foot above grade. Openings may be equipped with
screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of
floodwaters; or
b. Be certified to comply with a local flood-
proofing standard approved by the Federal Insurance Adminis-
tration.
5. Manufactured homes shall also meet the standards
in Section 15.60.190.
15.60.170 Standards for Utilities. A. All new and
replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood
waters into the system and discharge from systems into flood
waters.
B. On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them
during
flooding.15.60.180 Standards for Subdivisions. A. All
pre-liminary subdivision proposals shall identify the
flood hazard area and the elevation of the base
flood.B. All final subdivision plans will provide the
eleva-tion of proposed structure(s) and pads. If the site
is filled above the base flood, the final pad elevation
shall be certified by a registered professional engineer or
surveyor and provided to the Floodplain
Administrator.c. All subdivision proposals shall be consistent
with the need to minimize flood
damage.D. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood
damage.ORD NO. 10-87 14 -
E. All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
15.60.l90 Standards for Manufactured Homes. All new
and replacement manufactured homes and additions to manu-
factured homes shall:
A. Be elevated so that the lowest floor is at or above
the base flood elevation; and
B. Be securely "anchored to a foundation system designed
to resist flotation, collapse, or lateral movement.
15.60.200 Floodways. Located within areas of special
flood hazard established in Section 15.60.070 are areas
designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which
carry debris, potential projectiles, and erosion potential,
the following provisions apply:
A. Prohibit encroachments, including fill, new con-
struction, substantial improvements, and other development
unless certification by a registered professional engineer
or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
B. If Section 15.60.200A is satisfied, all new con-
struction and substantial improvements shall comply with all
other applicable flood hazard reduction provisions of the
Chapter.
15.60.2l0 Mudslide (i.e., Mudflow)-Prone Areas.
A. The Floodplain Administrator shall review permits
for proposed construction or other development to determine
if it is proposed within a mudslide area.
B.
proposed
hazards.
mination
Permits shall be reviewed to determine that the
development is reasonably safe from mudslide
Factors to be considered in making this deter-
include but are not limited to:
1. The type and quality of soils;
2. Evidence of ground water or surface water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will
impose on the slope.
l5 -ORD NO. 10-87
C. Within areas which have mudslide hazards, the
following requirements apply:
1. A site investigation and further review shall
be made by persons qualified in geology and soils engineering;
2. The proposed grading, excavation, new con-
struction, and substantial improvements shall be adequately
designed and protected against mudslide damages;
3. The proposed grading, excavations, new con-
struction, and substantial improvements do not aggravate the
existing hazard by creating either on-site or
off-site
disturbances; and 4. Drainage, planting, watering,
and maintenance shall not endanger
slope stability.D. Within Zone M on the Flood Insurance Rate
Map, the following standards shall comply with Chapter 70 of
the most recent amendment of the Uniform Building Code
published by the International Conference of Building
Officials as adopted by the City
of Orange.1. The location of foundation and
utility systems of new construction and
substantial improvements;2. The location, drainage, and maintenance
of all excavations, cuts and fills and
planted slopes;3. Protective measures including but
not limited to retaining walls, buttress fills,
subdrains, diverter terraces, benchings,
etc.; and 4. Engineering drawings and specifications
to be submitted for all corrective measures,
accompanied by supporting soils engineering and
geology reports.15.60.220 Flood-
Related Erosion-Prone Areas.A. The Floodplain
Administrator shall require permits for proposed construction and
other development within all flood-related erOSion-prone areas
as
known to the city of Orange.B. Such permits
shall be reviewed to determine whether the proposed
site alterations and improvements will be reasonably safe
from flood-related erosion and will not
cause flood-related
erosion hazards or otherwise aggravate the
C. If a proposed improvement is found to be in the
path of flood-related erosion or would increase the
erosion hazard, such improvement shall be relocated or
adequate protective measures shall be taken to avoid aggravating
the existing erosion
hazard.D. Within Zone E on the Flood Insurance Rate Map,
a setback is required for all new development from the
lake,bay, riverfront, or other body of water 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
charac-teristics 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.15.60.230 Appeal Board. A. The City Council of
the City of Orange shall hear and decide appeals and
requests for variances from the requirements of this
Chapter.B. The City Council shall hear and decide appeals
when it is alleged there is an error in any requirement,
decision,or determination made by the Floodplain Administrator in
the enforcement or administration of this
Chapter.C. In passing upon such applications, the City
Council shall consider all technical evaluations, all
relevant factors, standards specified in other sections of
this Chapter,
and:1. The danger that materials may be swept
onto other lands to the injury of
others;2. The danger of life and property due to
flooding or erosion
damage;3. The susceptibility of the proposed facility
and its contents to flood damage and the effect of such
damage on the individual
owner;4. The importance of the services provided by
the proposed facility to the
community;5. The necessity to the facility of a
waterfront location, where
applicable;17 -ORD NO. 10-87
6. The
availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
7. The
compatibility of the proposed use with existing and
anticipated development;8. The
relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
9. The
safety of access to the property in time of flood for
ordinary and emergency vehicles;of at
10.
rise,
and
the site;
The expected
heights,sediment transport
of and,velocity,
duration,
rate the flood
waters expected 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 con-struction and
substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below
the base flood level, providing items 15.60.230Cl through
l5.60.230Cll have been fully considered. As the lot size
increases beyond one-half acre, the technical justifi-
cation required for issuing the variance increases.
E. Upon consideration of the factors of Section l5.60.230C
and the purpose of this Chapter, the City Council may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this Chapter.
F. The Floodplain Administrator shall maintain the
records of all appeal actions and report any variances to
the Federal Insurance Administration upon request.
15.60.240 Conditions for Variances. A. Variances may
be issued for the reconstruction, rehabilitation, or restoration
of structures listed in the National Register of Historic
Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this
Section.
B. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
ORD NO. 10-87 18 -
i
C. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the
variance would result in exceptional hardship to the applicant;
and
3. A determination that the granting of a variance
will not result in increased flood heights, additional
threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of, the
public, or conflict with existing local laws or ordinances.
E. Variances may be issued for new construction and
substantial improvements and for other development necessary
for the conduct of a functionally dependent use provided
that the provisions of Sections 15.60.240A through 15.60.240D
are satisfied and that the structure or other development is
protected by methods that minimize flood damages during the
base flood and create no additional threats to public
safety.
F. Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted
to be built with a lowest floor elevation below the regu-
latory flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from
the reduced lowest floor elevation. A copy of the notice
shall be recorded by the Floodplain Administrator in the
Office of the Orange County Recorder and shall be recorded
in a manner so that it appears in the chain of title of the
affected parcel of land.
Section II:
Ordinance No. 14-87, adopted by the City Council
on April 28, 1987, as an urgency measure, is hereby
repealed and is without further force and
effect.Section
III:A summary of this Ordinance shall be published and
a certified copy of the full text of this Ordinance shall
be posted in the Office of the City Clerk at least five (
5)19 -ORD NO. 10-87
days prior to the City Council meeting at which this Ordi-
nance is to be adopted. A summary of this Ordinance shall
also be published once within fifteen (15) days after this
Ordinance's passage in the Orange City News, a newspaper of
general circulation, published and circulated in the City of
Orange. The City Clerk shall post in the Office of the city
Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members
voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final
passage.
ADOPTED this 26th day of May 1987.
ATTEST:
f
ty of
1'rA~) 9: ~e<<
City Clerk of th~Cit f Oran e
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ORANGE
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing ordinance
was introduced at the regular meeting of the City Council
held on the 19th day of May , 1987, and
thereafter at the regular meeting of said City Council duly
held on the 26th day of May, 1987, was duly
passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: SMITH, BARRERA, COONTZ, MAYOR PEREZ, BEYER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Cler of C~ of Orange
ORD NO. 10-87 20 -