09.03 FEMA Flood Damage Prevention Ordinance Amendmenty`,
O PO`
1:.
AGENDA ITEMx
N
F Q a s . .
P° Apri l 14, 2020
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Christopher Cash, Public Works Director
REVIEW: City Manage Finance
1 . SUBJECT
An Ordinance of the City Council of the City of Orange Amending Chapter 15.60 of Title
15 of the Orange Municipal Code to meet the minimum standards and requirements of
the Federal Emergency Management Agency relating to Flood Damage Prevention.
2. SUMMARY
Ordinance No. 11-20 would amend Chapter 15.60 of Title 15 of the Orange Municipal
Code in order to meet the minimum standards and requirements of the Federal
Emergency Management Agency. Approval of Federal Emergency Management
Agency's recommended changes to the current ordinance will meet the requirements of
the National Flood Insurance Program and maintain the City of Orange's continued
eligibility to participate in the National Flood Insurance Program.
3. RECOMMENDED ACTION
Approve Ordinance No. 11-20 for first reading and set the May 12, 2020, Regular City
Council meeting as the time and place for the Second Reading and adoption.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1. Provide for a safe community
c. Enhance the emergency management system to provide public safety during
times of disaster.
d. Assure the development of the City occurs in a fashion that maximizes public
safety.
e. Develop and implement effective community outreach services and programs to
promote public safety.
Goal 2. Be a fiscally healthy community
e. Create an environment to attract, retain and expand economic opportunities.
ITEM , 1 4/14/2020
6. DISCUSSION AND BACKGROUND
The City of Orange (City) has been a participant in the National Flood Insurance Program
NFIP) since May 1, 1987. The City's participation provides its residents eligibility for flood
insurance, federal grants and loans, federal disaster assistance, federal mortgage
insurance, and loan guarantees. As a participating community, the City is required to
adopt and enforce adequate floodplain management regulations that meet the minimum
NFIP requirements. Federal Emergency Management Agency(FEMA)frequently reviews
the City's Floodplain Management Ordinance through Community Assistance Visit
CAV") and provides comments if there is a need for ordinance updates to meet the
minimum NFIP requirements. The last CAV took place on March 13, 2019 and FEMA
provided necessary revisions to the City's Floodplain Management Ordinance. FEMA has
recommended using the latest (2006) California Model Floodplain Management
Ordinance maintained by the California Department of Water Resources to update the
City's ordinance. City staff prepared a draft of the amended ordinance and sent it to FEMA
on September 3, 2019 and did not receive any further comments.
There is no impact to any properties currently participating in NFIP. Here is a summary
of major changes recommended by FEMA:
1. Add or revise the definitions (like Floodway, Historic Structure...etc.) in Section
15.60.050
2. Add requirement that FEMA be notified within 6 months of any changes to the
Base Flood Elevation as required per 44 CFR Part 65.3.
3. Add the Citation of Statutory Authorization as required per 44 CFR Part
59.22(a)(2).
4. Add Recreational Vehicle standards as required per 44 CFR Part 60.3(c)(14).
5. Revise 15.60.150(A)(1) as follows:
Review all development permits, including manufactured homes, substantial
improvements, and substantial damaged of existing structures, to determine that
the permit requirements of this chapter have been satisfied;
6. Add the following as a new 15.60.150 (A)(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.
7. Add the following as a new 15.60.150 (G):
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.
8. Add `including manufactured homes' in 15.60.160 (A1) and (B).
9. Revise 15.60.160 (C) (3) (c) to state `immediately adjacent natural grade'; and
that the two openings should be on different sides of the structure.
10.Add the following to 15.60.180:
All preliminary subdivision proposals, including proposals for manufactured home
parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser,
shall identify the special flood hazard area and the elevation of the base flood.
All subdivision plans will provide the elevation of the lowest floors of all proposed
structure(s) and pad(s). If the site is filled above the base flood elevation, the final
ITEM 2 4/14/2020
first floor and pad elevations shall be certified by a registered professional civil
engineer or surveyor and provided as part of an application for a Letter of Map
Revision Based on Fill (LOMR-F) to the Floodplain Administrator.
11.Add the following in Section 15.60.190:
All manufactured homes that are placed or substantially improved on sites
located:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred "substantial damage" as the
result of a flood, shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated at least one foot
above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse and
lateral movement.
The lowest floor of the manufactured home is at least one foot above the base
flood elevation; or
The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than thirty-six
inches in height above grade.
7. ATTACHMENTS
1. Ordinance No. 11-20 (clean)
2. Draft Ordinance Amendment (redlined)
ITEM 3 4/14/2020
ORDINANCE NO. 11-20
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 15.60 OF
TITLE 15 OF THE ORANGE MUNICIPAL CODE TO
MEET THE MINIMUM STANDARDS AND
REQUIREMENTS OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY RELATING TO FLOOD
DAMAGE PREVENTION
APPLICANT: CITY OF ORANGE
WHEREAS, the National Flood Insurance Program ("NFIP") was established with the
passage of the National Flood Insurance Act of 1968; and
WHEREAS, the NFIP is a federal program enabling property owners in participating
communities to purchase insurance as a protection against flood losses in exchange for state and
community floodplain management regulations that reduce future flood damages; and
WHEREAS, the City of Orange entered the NFIP on May 1, 1987 through the Regular
Program; and
WHEREAS, Chapter 15.60 of Title I S of the Orange Municipal Code contains the City's
Flood Damage Prevention Ordinance; and
WHEREAS, the City is required to update the Flood Damage Prevention Ordinance to
meet the NFIP requirements; and
WHEREAS,modifications to the Flood Damage Prevention Ordinance as provided in the
subject ordinance amendment is intended to reduce the risk of flooding and meet or exceed federal
requirements; and
WHEREAS, the City Council believes the proposed ordinance amendment will serve the
public health, safety and welfare of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The CEQA Guidelines, Section 15308, categorically exempts actions taken by regulatory
agencies, as authorized by state or local ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves procedures
for protection of the environment. The subject ordinance amendment is exempt from CEQA
because it involves updating the City's existing floodplain management ordinance to address the
revisions requested by FEMA to meet additional requirements as a condition of continued
eligibility to participate in the National Flood Insurance Program.
SECTION II:
Section 15.60.015 is hereby added to Chapter 15.60 of the Orange Municipal Code to read
as follows:
15.60.015 — Statutory Authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65561,
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 Orange does hereby adopt the following floodplain management regulations.
SECTION III:
Section 15.60.030 of the Orange Municipal Code is hereby amended in its entirety to read
as follows:
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 legally
enforceable regulations applied uniformly throughout the community to all publicly and privately
owned land within flood prone, mudslide or mudflow, or flood related erosion areas. These
provisions are 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 far 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;
G. To ensure that potential buyers are notified that property is in an area of special
flood hazard; and
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H. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
SECTION IV:
Section 15.60.050 of the Orange Municipal Code, "Definitions,"is hereby amended in part
to revise the following definitions:
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded
in any given year(also called the "100-year flood").
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 mare than one foot. Also referred to as "Regulatory Floodway."
MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum(NGVD)of 1929,North American Vertical Datum(NAVD) of
1988 or other datum, to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
ONE HiJNDRED YEAR FLOOD or 100-YEAR FLOOD means a flood which has a one
percent annual probability of being equaled or exceeded. It is identical to the "base flood", which
will be the term used throughout this chapter.
SECTION V:
Section 15.60.050 of the Orange Municipal Code, "Definitions,"is hereby amended in part
to add the following definitions:
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a
manufactured home park or subdivision far which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed(including, at a minimum, the installation
of utilities,the construction of streets,and either final site grading or the pouring of concrete pads)
is completed before May 26, 1987.
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 af xed(including the installation of
utilities, the construction of streets, and either final site grading ar the pouring of concrete pads).
FREEBOARD means a margin of safety, expressed in feet above base flood elevation for
purposes of floodplain management,to account for waves, debris,miscalculations, lack of data,or
changes in climate.
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HISTORIC STRUCTURE means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) ar preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
2. 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;
3. Individually listed on a state inventary of historic places in states with
historic preservation programs which have been approved by the Secretary
of Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or
directly by the Secretary of the Interior in states without approved programs.
NEW MANUFACTURED HOME PARK OR SUBDNISION means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed(including at a minimum,the installation of utilities,the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after May 26, 1987.
RECREATIONAL VEHICLE means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational,camping, travel, or seasonal use.
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.
SECTION VI:
Section 15.60.150.A of the Orange Municipal Code, "Duties and Responsibilities of the
Floodplain Administrator," is hereby amended in its entirety to read as follows:
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A. Permit review.
1. Review all development permits, including manufactured homes,
substantial improvement and substantial damage of existing structures, 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.
4. Require, until a regulatory floodway is designed, that no new construction,
substantial improvements, or other development (including fill) shall be
permitted within Zones A1-30 and AE on the community's FIRM, unless it
is demonstrated 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 within the community.
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.
SECTION VII:
Section 15.60.150 of the Orange Municipal Code, "Duties and Responsibilities of the
Floodplain Administrator," is hereby amended to add new Subsection D, and former Subsections
D and E shal] be re-labelled as E and F accordingly. New Section 15.60.150.D shall read as
follows:
D. Whenever Base Flood Elevation changes due to physical alterations:
1. 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).
2. All LOMRs for flood control projects are approved prior to the issuance of
building permits. Building Permits must not be issued based on Conditional
Letters of Map Revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation as
specified in the"start of construction"definition.
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Such submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements are based on current data.
SECTION VIII:
Section 15.60.150 of the Orange Municipal Code, "Duties and Responsibilities of the
Floodplain Administrator," is hereby amended to add new Subsection H to read as follows:
H. 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.
SECTION IX:
Section 15.60.160 of the Orange Municipal Code, "Standards of Construction," is hereby
amended in its entirety to read as follows:
A. Anchoring.
1. All new construction and substantial improvements, 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.
2. All manufactured homes shall meet the anchoring standards of Section
15.60.190.
B. Construction Materials and Methods.
All new construction and substantial improvements, including manufactured
homes, shall be constructed as follows:
l. With materials and utility equipment resistant to flood damage;
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 andlor located so as
to prevent water from entering or accumulating within the components
during conditions of flooding; and
4. If 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.
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C. Elevation and Floodproofing. (See Section 15.60.050 definitions for
FREEBOARD," "LOWEST FLOOR," "NEW CONSTRUCTION,"
SUBSTANTIAL DAMAGE" and "SUBSTANTIAL IMPROVEMENT.")
All new, substantially improved, and substantially damaged structures, including
manufactured homes,need to be elevated at a minimum to the base flood elevation,
as shown on the effective Flood Insurance Rate Map,plus one-foot freeboard.
l. Residential construction, new construction or substantial improvement,
shall have the lowest floor, including basement:
a. In an AO Zone,elevated above the highest adjacent grade to a height
exceeding the depth number specified in feet on the FIRM, by at
least one foot, ar elevated at least three feet above the highest
adjacent grade if no depth number is specified.
b. In an A Zone, elevated at least one foot above the base flood
elevation, as determined by this community.
c. In all other zones, elevated at least one foot above the base flood
elevation.
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 inspectar to be properly
elevated. Such certification or verification shall be provided to the
Floodplain Administrator.
2. Nonresidential construction shall either be elevated to conform with Section
15.60.160.C.1, ar together with attendant utility and sanitary facilities,
a. Be floodproofed below the elevation recommended under Section
15.60.160.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 professional engineer or architect that
the standards of this section 15.60.160.C.2 are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. All new construction and substantial improvement with fully enclosed areas
below the lowest floor (excluding basements) that are usable solely for
parking of vehicles, building access or storage, and which are subject to
flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater.
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Designs far meeting this requirement must exceed the following minimum
criteria:
a. Be certified by a registered professional engineer or architect; or
b. Be certified to comply with a local floodproofing standard approved
by the Federal Insurance Administration, Federal Emergency
Management Agency; or
c. 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. The bottom of all openings shall
be no higher than one foot above immediately adjacent grade.
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwater.
4. Manufactured homes shall also meet the standards in Section 15.60.190.
SECTION X:
Subsections A and B of Section 15.60.180 of the Orange Municipal Code, "Standards for
Subdivisions," are hereby amended to read as follows:
A. All preliminary subdivision proposals, including proposals for manufactured home
parks and subdivisions,greater than 50 lots or 5 acres,whichever is the lesser, shall
identify the flood hazard area and the elevation of the base flood.
B. All final subdivision plans will provide the elevation of the lowest floors of all
proposed structure(s)and pad s. If the site is filled above the base flood elevation,
the final first floor and pad elevations shall be certified by a registered professional
engineer or surveyor and provided as part of an application for a Letter of Map
Revision based on Fill(LOMR-F) to the Floodplain Administrator.
SECTION XI:
Section 15.60.190 of the Orange Municipal Code, "Standards for Manufactured Homes,"
is hereby amended in its entirety to read as follows:
A. All manufactured homes within Zones A1-30, AH, and AE 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 ar 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 be elevated on a
permanent foundation such that the lowest floor of the manufactured home is
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elevated at least one foot 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 A1-30,AH, and AE
on the community's Flood Insurance Rate Map that are not subject to the provisions
of Section 15.60.190.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:
l. Lowest floor of the manufactured home is one foot 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.
SECTION XII:
Section 15.60.195 is hereby added to Chapter 15.60 of the Orange Municipal Code to read
as follows:
l 5.60.195 - Standards for Recreational Vehicles.
A. All recreational vehicles placed in Zones A1-30, 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 15.60.130 of this ordinance and
the elevation and anchoring requirements for manufactured homes in
Section 15.60.190.
5ECTION XIII:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof
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would have been prepared,proposed, approved and ratified irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION XIV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a
summary of the same to be published as required by law. This Ordinance shall take effect thirty
30)days from and after the date of its final passage.
ADOPTED this day of 2020.
Mark A. Murphy, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, 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
day of 2020, and thereafter at the regular meeting of said City Council duly
held on the_day of 2020, was duly passed and adopted by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
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ORDINANCE NO. 11-20
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 15.60 OF
TITLE 15 OF THE ORANGE MUNICIPAL CODE TO
MEET THE MINIMUM STANDARDS AND
REQUIREMENTS OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY RELATING TO FLOOD
DAMAGE PREVENTION
APPLICANT: CITY OF ORANGE
WHEREAS, the National Flood Insurance Program ("NFIP") was established with the
passage of the National Flood Insurance Act of 1968; and
WHEREAS, the NFIP is a federal program enabling property owners in participating
communities to purchase insurance as a protection against flood losses in exchange for state and
community floodplain management regulations that reduce future flood damages; and
WHEREAS, the City of Orange entered the NF1P on May 1, 1987 through the Regular
Program; and
WHEREAS, Chapter 15.60 of Title 15 of the Orange Municipal Code contains the City's
Flood Damage Prevention Ordinance; and
WHEREAS, the City is required to update the Flood Damage Prevention Ordinance to
meet the NFIP requirements; and
WHEREAS, modifications to the Flood Damage Prevention Ordinance as provided in the
subject ordinance amendment is intended to reduce the risk of flooding and meet or exceed federal
requirements; and
WHEREAS, the City Council believes the proposed ardinance amendment will serve the
public health, safety and welfare of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The CEQA Guidelines, Section 15308, categorically exempts actions taken by regulatory
agencies, as authorized by state or local ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves procedures
for protection of the environment. The subject ordinance amendment is exempt from CEQA
because it involves updating the City's existing floodplain management ordinance to address the
i
revisions requested by FEMA to meet additional requirements as a condition of continued
eligibility to participate in the National Flood Insurance Program.
SECTION II:
Section 15.60.015 is hereby added to Chapter 15.60 of the Orange Municipal Code to read
as follows:
15.60.015 — Stahitor Authorization.
The Le islature of the State of California has iu Government Code Seetions 65302, 65561,
and 65800 confcrred upon local roveinmcnts the atithority to adopt re<7ulations desi rncd to
romote the public health safety and;eneral welfarc of its citizenry. Therefore the City Council
of the City of Oran e doe5 herebv ad t the followin flood lain mana ement re ulations.
SECTION III:
Section 15.60.030 of the Orange Municipal Code is hereby amended in its entirety to read
as follows:
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 le<_;a
enforccable-e ulations a lied unifonnly throi ghout the comm mity to a1l publicly and privatcly
owned lat d within flood prone mudslide or inudflow or flood related erosion areas. These
provisions are 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;
G To ensure that potential btryers arc notified tl at property is in an area of st ecial
flood hazard; and
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I-I. To ensiue that those who occupy the areas of special flood hazard assume
responsibility for•their actions.
SECTION IV:
Section 15.60.050 of the Orange Municipal Code, "Definitions,"is hereby amended in part
to revise the following definitions:
BASE FLOOD means the flood having a one percent chance of being e ak e e iqialedor
exceeded in any given year(also called the "100-year flood").
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. Also refen ed to ts "ReriulatorX Flood vay."
MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the
National Geodetie Vertical Datum(NGVD) of 1929, Not-th American Vertical Datum(NAVD of
19KK or other datum, to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
ONE HiJNDRED YEAR FLOOD or 100-YEAR FLOOD means a flood which has a one
percent annual probability of being c tEa}ec i7taledorexceeded. It is identical to the"base flood",
which will be the term used throughout this chapter.
SECTION V:
Section 15.60.050 of the Orange Municipal Code, "Definitions,"is hereby amended in part
to add the following definitions:
EXISTLNG MANUFACTURED HOME PARK OR SUBDIVISION ineans a
manufactured bome park or subdivision for which the consti-uction of facilities for servicin the
lots on which the manufactured homes ar to be affxed (includin at a minimum, thc installation
of utilities the constltiiction of streets and either final site radina or the ourin of concrete pads)
is completed before Ma,y 26, 1987.
EXPANSION TO AN EXIST[NG MANUFACTURED HOME PARK OR
SUBDIVISION means the pre aration of additional sites by the conshliction of facilities for
servicing tlie lots on which the manufactured homes are to be affixed (includin the installation of
utilities the construction of streets and either final site radin or the pourin of concrete pads)
FREEBOARD neans a mar in of safety exUressed in feet above base flood elev tion for
purposes of floodplain maliaQement to account for waves debris miscalculatious lack of data or
chanaes in climate.
HISTORIC STRUCTURE means any structure that is:
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E
t
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1. Listed individually iu the National Ref ister of Historic Places (a listin
i7iaintained bv the De artment of Interior or preliminarilv detecmined by
thc SecrctarX of the Interior as mceting thc requirements for individual
listin on the National Re istei;
2. Certified o reliminarily deternuned by tl e Secretary of tlle Interior as
contributin to the historical si;nificance of a re istered historie district or
a dish•ict preliminarily detei7nined by the SecT etal y to qualify as a re istered
historic district;
3. Individually listed on a state inventory of historic places in statcs with
historic preservation ro;rams which have been approved by the Secretary
of Interioi; or
4. Individually listed on a local inveutory of historic placcs in communities
with historic r•eservation proarams that have been certitied either bv an
proved state program as deterinined by tlie Secretary of the Interior or
directly b,v the Secretary of the Interiar in states without approved pro rams.
NEW MANUFACTURED HOME PARK OR SUBDIViSION means a manufactured
homepark or subdivision for which the construction of facilities for servicin the lots on which
the mauufactiu-ed hoines are to be affixed(incl udin at a minim un the installatiou of utilities, the
constniction of streets and either final site radin or the pourin r of concrete pads) is completed
on or after May 26, 1987.
RECREATIONAL VEHICLE means a vehicle wllich is:
l. Built on a sin le chassis;
2. 400 sc are feet or less when m asured at the lar est horizoutal proiection;
3. Designed to be Self'-pro elled or et nancntly towable b hg; t-duty t lick•
and
4. Desi igledrimarilyuotforuseasaennaneutdwellinpbutastemporary
living quartcrs for recreational campina, travel, or seasonal use.
SUBSTANTIAL DAMAGE iueans dama e of any ori in sustaiued bv a structure wherebv
the cost of restorine the struchire to its before-damaRed condition would eaual or exceed 50 percent
of thc market value of the structure before thc dama;e occun-ed.
SECTION VI:
Section 15.60.150.A of the Orange Municipal Code, "Duties and Responsibilities of the
Floodplain Administrator," is hereby amended in its entirety to read as follows:
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A. Permit review.
1. Review all development permits, includin _ manufact u-ed homes,
substanti l improvement and substantial damage of existin structures. 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.
4. Require, until a regulatory floodway is designed, that no new construction,
substantial improvements, or other development (including fill) shall be
permitted within Zones A1-30 and AE on the community's FIRM, unless it
is demonstrated 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 within the community.
5 All Letters of Map Revision (LOMK's) for flood control projects are
a n •oved prior to tl e issuance of buildiu permits. Buildin Permits must
uot be issued based on Gonditioilal Letters of Map Revision (CLOMR's).
Approved CLOMR's allow construction of the proposed flood control
project and land pre aration as s ecified in thc "start of const liction"
detinition.
SECTION VII:
Section 15.60.150 of the Orange Municipal Code, "Duties and Responsibilities of the
Floodplain Administrator," is hereby amended to add new Subsection D, and former Subsections
D and E shall be re-labelled as E and F accordingly. New Section 15.60.150.D shall read as
follows:
D Whenever Base Flood Elevatiou chan es due to phvsical alterations:
1. Within 6 months of information becoming available or project completion,
wl ichever comes first the iloodplain administrator shall submit or assiu•e
that the pei7nit applicant submits technical or scientific data to FEMA for a
Letter of Map Revision (LOMR).
2. All LOMRs for flood control proiects are ap roved prior to the issuance of
buildin permits Buildin Pen uts uiust not be issued based on Conditioual
Letters of Map Revision (CLOMRs). Approved CLOMRs allow
construction of the pro osed flood control roject and land preparation as
ecified in the "start of construction" detinition.
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S ich submissions are necEssary so that upon confiilnation of those physical
chan es affectiii floodin conditions risk premiu n rates aud floodplain
maua ement rec uirements are based on carrent data.
SECTION VIII:
Section 15.60.150 of the Orange Municipal Code, "Duties and Responsibilities of the
Floodplain Administrator," is hereby amended to add new Subsection H to read as follows:
H Notify FEMA in writinr whenever the corporate boundaries have beeli modif ed
by anncxation or other meaus and inchide a co y of a map of the communit c v
delineatin the new corporate limits.
SECTION IX:
Section 15.60.160 of the Orange Municipal Code, "Standards of Construction," is hereby
amended in its entirety to read as follows:
A. Anchoring.
1. All new construction and substantial improvements, includin
inanufactured Iioi7ies 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.
2. All mauufactnred homes shall meet the auchoring standards of Section
15.60.190.
B. Construction Materials and Methods.
All new construction and substantial improvements includin manufactured
homes, shall be constructed as follows:
1. With materials and utility equipment resistant to flood damage;
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. If 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.
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C. Elevation and Floodproofing. (See Section 15.60.050 definitions for
FREEBOARD," "LOWEST FLOOR," "NEW CONSTRUCTION,"
SUBSTANTIAL DAMAGE" and "SUBSTANTIAL IMPROVEMENT.")
11 new subst intial inipl oved and substantially dama ed structures, includin
nanufactured homes need to be elevated at a nlinimum to the base flood elevation,
as shown on thc cffective Flood Insw-ance Rate Map, plus one-foot fi ecboard.
1. Residential construction, new construction or substantial improvement,
shall have the lowest floor, including basement:
a.In an AO Zone,elevated above the highest adjacent grade to a height
exceeding the depth number specified in feet on the FIRM, by at
least one foot, or elevated at least three feet above the highest
adjacent grade if no depth number is specified.
b. In an A Zone, elevated at least one foot above the base flood
elevation, as determined by this community.
c. In all other zones, elevated at least one foot above the base flood
elevation.
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 Administratar.
2. Nonresidential construction shall either be elevated to conform with Section
15.60.160.C.1, ar together with attendant utility and sanitary facilities,
a.Be floodproofed below the elevation recommended under Section
15.60.160.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 professional engineer or architect that
the standards of this section 15.60.160.C.2 are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. All new construction and substantial improvement 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
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flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must exceed the following minimum
criteria:
a. Be certified by a registered professional engineer or architect; or
b. Be certified to comply with a local floodproofing standard approved
by the Federal Insurance Administration, Federal Emergency
Management Agency; or
c. Have a minimum of two openings on different side; having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding. The bottom of all openings shall
be no higher than one foot above immediate ad acent grade.
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwater.
4. Manufactured homes shall also meet the standards in Section 15.60.190.
SECTION X:
Subsections A and B of Section 15.60.180 of the Orange Municipal Code, "Standards for
Subdivisions," are hereby amended to read as follows:
A. All preliminary subdivision proposals.includin„,= proposals for iYianufactured hon e
arks and ubdi isions. i-ater than SO lots or 5 aeres,vhichevcr is the lesser, shall
identify the flood hazard area and the elevation of the base flood.
B. All final subdivision plans will provide the elevation of the lowest floors of all
proposed structure(s) and pad s. If the site is filled above the base flood elevation,
the final first tloor and pad elevations shall be certified by a registered professional
engineer or surveyor and provided as part of an a lication for Letter of Map
Revision based on Fill (LOMR-F) to the Floodplain Administrator.
SECTION XI:
Section 15.60.190 of the Orange Municipal Code, "Standards for Manufactured Homes,"
is hereby amended in its entirety to read as follows:
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A. All nanufactured homes within Zones A 1-30 AH, and AE that are placed or
subst ntially impro ed on sites located: (1) outside of a mauilfactured home park.
or subdivision• (2) in a new manufacri red hoine park or subdivision; (3) in an
expansion to an existin m nufachu-ed home park or subdivision; or (4) iu an
existin manufactured home park or subdi ision u on which a manufactured home
has iucurred "substantial dama e" as the result of a flood shall be elevated on a
permanent foundation such that the lowest floor of the mautlfachn•ed home is
elevated at least one foot above the base flood elevation and be secui-ely fastened
to au adequately auchoi•ed foundation system to resist flotation,collapse,and lateral
movemcnt.
B. All manufactured homes to be laccd or substantially itnproved on sites in an
existiu manufachired home park or subdivision within Zones A1-30,AH, and AE
on the community's Flood Insurance Rate Map that are not subject to Chc provisions
of Section 15.60.190.A will be securely fastened to an adequatelv anchored
foimdation systcm to resist flotation collapse, and lateral movement, and be
elevated so that either the:
L Lowest floor of tlie manufactured home is one foot above the base flood
elevation; or
2. Mamifactured home cl assis is su ported by reinfol-ced piers or other
fouudation elements of at least e ivalent streil th t11at are uo less than 36
incl es in heigllt above rr, ade•
SECTION XII:
Section 15.60.195 is hereby added to Chapter 15.60 of the Orange Municipal Code to read
as follows:
15.60.1)5 - Standards for Recreational Vehicles.
A All recreational vehicles placed i i Zones A1-30 AH and AE ill ither:
1. Be on the site for fewer than 180 consecutive days; or
Be fully liceused and read for higl way use. A recreational vehiele is ready
for highwav usc if it is on its whecls or jackin syste n, is attached to the
site only by quick di coi nect ty e utilities and security devices, and l as uo
permanently attached additions; or
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3 Meet the perniit requiremeuts of Sectiou 15.60.130 of this ordinauce
and the elevation and anchorin ree uirements for inanufactured
homes in Section 15.60.1)0.
SECTION XIII:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof
would have been prepared, proposed, approved and ratified irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION XIV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a
summary of the same to be published as required by law. This Ordinance shall take effect thirty
30)days from and after the date of its final passage.
ADOPTED this day of 2020.
Mark A. Murphy, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, 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
day of 2020, and thereafter at the regular meeting of said City Council duly
held on the_day of 2020, was duly passed and adopted by the following vote,
to wit:
AYES: COUNCILMEMBERS:
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NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
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