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09.02 Second Reading FEMA Flood Damage Prevention ORD 11-2003 1. SUBJECT ORDINANCE SECOND READING May 12, 2020 Second Reading and adoption of 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 The Introduction and First Reading of the above -entitled Ordinance was approved at a Regular Council Meeting on April 14, 2020. The Ordinance is now presented for Second Reading by title only, and adoption. Vote at First Reading: AYES: Alvarez, Murphy, Nichols, Monaco NOES: None ABSENT: None 3. RECOMMENDED ACTION Adopt Ordinance No. 11-20. 4. ATTACHMENT Ordinance No. 11-20 ITEM q - 9- 1 5/12/2020 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 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 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 Il: 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 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 buyers are notified that property is in an area of special flood hazard; and 2 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 more 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 HUNDRED 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 for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before May 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 affixed (including the installation of utilities, the construction of streets, and either final site grading or 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. 3 HISTORIC STRUCTURE means any structure that is: Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 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 inventory 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 SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 26, 1987. RECREATIONAL VEHICLE means a vehicle which is: 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: 4 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 Al-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 VIL• 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 15.60.150.13 shall read as follows: D. Whenever Base Flood Elevation changes due to physical alterations: 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. 5 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 VIIL• 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. 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: 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. 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. 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 Administrator. 2. Nonresidential construction shall either be elevated to conform with Section 15.60.160.C.1, or 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. 7 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 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 padts). 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 Al-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 or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is 8 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 Al-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: 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: 15.60.195 - Standards for Recreational Vehicles. A. All recreational vehicles placed in Zones Al-30, AH, and AE will either: 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. 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 7 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 14th day of April 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 lv