Chapter 17.28 — FLOOD HAZARD REDUCTION

.010 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:

.0101 To protect human life and health;

.0102 To minimize expenditure of public money for costly flood control projects;

.0103 To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

.0104 To minimize prolonged business interruptions;

.0105 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;

.0106 To help maintain a stable tax base by providing for the sound use and development of areas of a "special flood hazard" so as to minimize future flood blight areas;

.0107 To insure that potential buyers are notified that property is in an area of special flood hazard; and

.0108 To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. .020 Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Anaheim does hereby adopt the floodplain management regulations of this ordinance. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 5127 § 1; May 7, 1991: Ord. 6512 § 2; August 24, 2021.)

In order to accomplish its purposes, this chapter includes methods and provisions for:

.010 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;

.020 Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

.030 Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

.040 Controlling filling, grading, dredging, and other development which may increase flood damage; and

.050 Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 4138 § 1 (part); June 3, 1980.)

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.

.010 "Appeal" means a request for a review of the City Engineer or Planning Director's (or their designees) interpretation of any provision of this chapter or a request for a variance.

.015 "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

.020 "Area of shallow flooding" means a designated AO, AH or VO 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.

.030 "Area of special flooding hazard" means the land in the flood plain within the City subject to a one percent

(1%) or greater chance of flooding in any given year. This area is designated as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, and V1-30 on the FIRM.

.040 "Base flood" means the amount of water generated from runoff of a storm and having a one percent (1%) chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").

.045 "Base Flood Elevation (BFE)" means the elevation of the base flood, including wave height, relative to the

National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

.047 "Basement" means any area of a building having its floor subgrade (below ground level) on all sides.

.050 "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

.060 [Repealed].

.070 "City" means the City of Anaheim, California.

.080 "Coastal high hazard area" means the area subject to high velocity waters, including but not limited to coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V1-30.

.084 "Design Flood" means the flood associated with the greater of the following two areas:

• (1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.

(2) Area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated. .085 "Design flood elevation" means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).

unity's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).

.090 "Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

.095 "Development permit" means for the purpose of Chapter 17.28 only, a building, grading, conditional use permit or other permit relating to development as defined herein.

.098 "Elevation certificate" means the FEMA required elevation certificate.

.100 "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 June 3, 1980, the effective date of the City's floodplain management ordinance (Ordinance No. 4138).

.110 "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).

.120 "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation of runoff of surface waters from any source;

(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 by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

.130 [Repealed].

.140 "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.

.150 "Flood Insurance Study" (FIS) means the official report provided by the Federal Emergency Management Agency (FEMA) that includes flood profiles, the FIRM, the Flood Hazard Boundary Map, and the water surface elevation of the base flood.

.155 "Floodplain" means any land area susceptible to "flood" or "flooding."

.156 "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.

.160 "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot (also referred to as the "regulatory floodway").

.165 "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

.166 "Historic structure" means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved State program as determined by the Secretary of the Interior; or (2) directly by the Secretary of the Interior in states without approved programs.

.168 "Insurable structure" means a roofed structure which has a minimum of two rigid walls in place. Silos and grain storage buildings, and buildings in the course of construction are insurable structures.

.169 "Letter of Map Change" means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS).

(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area.

In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

.170 "Lowest floor" means the lowest floor of the lowest enclosed area including basement, as defined in subsection .047 hereof. An unfinished or flood resistant enclosure below the lowest floor of a non-residential structure that is usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor of a non-residential structure, provided it conforms to applicable non-elevation design requirements, including, but not limited to: (a) the wet flood proofing standards in subsection 17.28.130.033; (b) the anchoring standards in subsection 17.28.130.011; (c) the construction materials and methods standards in subsection 17.28.130.020; and (d) the standards for utilities in subsection 17.28.150. For residential structures, all subgrade enclosed areas, including below-grade garages and storage areas, are prohibited as they are considered to be basements.

.180 "Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

.185 "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

.190 "New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM dated June 4, 1980, and includes any subsequent substantial improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent substantial improvements to such structures.

.191 "Mobile home" means a "mobilehome," as defined in Section 18008 of the California Health and Safety Code, or any successor provisions thereto.

.192 "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 June 3, 1980, the effective date of the City's floodplain management ordinance. .195 "Ordinance" means the provisions of Chapter 17.28 of the Anaheim Municipal Code.

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 June 3, 1980, the effective date of the City's floodplain management ordinance. .195 "Ordinance" means the provisions of Chapter 17.28 of the Anaheim Municipal Code.

.200 "Recreational vehicle" means a vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

.201 "Special flood hazard area (SFHA)" means the land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year. This area is designated as Zone A, AE, A1-30, AO, AH, V, VO, VE, and V1-30 on the FIRM.

.210 "Start of construction" includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first

placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimension of the building.

.220 "Structure" means a walled and roofed building, a gas or liquid storage tank and/or a manufactured home that is principally above ground.

.225 "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 fifty percent of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10) year period, for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

nt of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10) year period, for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

.230 "Substantial improvement" means any rehabilitation, reconstruction, addition, proposed new development of a structure or other improvements, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the Planning Director and/or his/her designee and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

.240 "Variance" means the grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

.250 "Violation" means the failure of a structure or other development to fully comply with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

.260 "Remedy a Violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise determining future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 4879 §§ 1—8, 20 (part); December 1, 1987: Ord. 4963 § 3; September 27, 1988: Ord. 5217 §§ 2, 3; May 7, 1991: Ord. 5547 § 5; December 19, 1995: Ord. 5681 § 1, 2, 3, 4, 5; May 11, 1999: Ord. 6512 § 3; August 24, 2021.)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Anaheim dated June 4, 1980 and the Flood Insurance Rate Maps (FIRM) dated June 4, 1980 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Anaheim by the City Engineer. The study and FIRMs are on file in the offices of the Planning Director and/or City Engineer of the City of Anaheim. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 5217 § 4; May 7, 1991: Ord. 5547 § 6; December 19, 1995: Ord. 6512 § 5; August 24, 2021.)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a civil misdemeanor. Nothing herein shall prevent the City of Anaheim from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 6512 § 6; August 24. 2021.)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 4138 § 1 (part); June 3, 1980.)

In the interpretation and application of this chapter, all provisions shall be:

.010 Considered as minimum requirements;

.020 Liberally construed in favor of the City; and

.030 Deemed neither to limit nor repeal any other powers granted under the state constitution or applicable statutes. (Ord. 4138 § 1 (part); June 3, 1980.)

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 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 Anaheim, any officer or employee thereof, or the Federal Emergency Management Agency (FEMA), for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 6512 § 7; August 24, 2021.)

If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. (Ord. 6512 § 8; August 24, 2021.)

A development permit shall be obtained before any construction, subdivision, structure and substantial improvement, other development, or placement of a mobile home begins within any area of special flood hazard established pursuant to Section 17.28.050, hereof. Application for a development permit shall include, but not necessarily 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 shall be required and prepared by a registered professional engineer or architect:

.010 Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In zone AO, elevation of the highest adjacent grade and proposed elevation of lowest floor of all structures;

.020 Proposed elevation in relation to mean sea level, to which any non-residential structure will be floodproofed; .030 Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 17.28.130.030.033 and shall be noted on all plans and drawings submitted;

.040 Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

.050 Drainage studies and plans, indicating how site grading, in conjunction with any necessary drainage conveyance systems, including applicable swales, watercourses, channels, street flows, catch basins, storm drains, and floodwater retarding, will provide building pads and lowest flood elevations that are safe from flood flows, which may be expected from floods up to and including the design flood;

.060 Grading plans, including identified, on-site, finished grade elevations and the design flood elevations, both related to mean sea level;

.070 Structural plans, including height of the lowest floor, including basement, related to mean sea level; .080 For development in Approximate Zone A areas, obtain, review, and reasonably utilize any available Base Flood Elevation (BFE) data from federal, state, or other sources in order for the Floodplains Administrator to establish a BFE; and

.090 Where BFE or floodway data are not included on the Flood Insurance Rate Map (FIRM) or in the Flood Insurance Study (FIS), Base Flood Elevation data prepared by a registered professional engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a registered professional engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Planning Director, or designee. The accuracy of data submitted for such determination shall be the responsibility of the applicant. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 4879 § 9; December 1, 1987: Ord. 5217 § 5; May 7, 1991: Ord. 5547 § 7; December 19, 1995: Ord. 5681 § 6; May 11, 1999: Ord. 6512 § 9; August 24, 2021.)

The Planning Director, or his/her designee, is hereby appointed to administer and implement the regulations of this Chapter. Duties of the Planning Director, or designee, shall include, but not be limited to:

.010 Development permit review and approval. Review all permits to determine:

.0101 Permit requirements of this ordinance have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

.0102 All required state and federal permits have been obtained;

.0103 The site is reasonably safe from flooding;

.0104 Whether additional flood hazard data shall be obtained from other sources or developed by the applicant; .0105 All Letters of Map Change (LOMC) including Letters of Map Amendment (LOMA) and Letters of Map Revision (LOMR) are approved and included in the record prior to issuance of building permits. Building Permits shall not be issued based on Conditional Letters of Map Amendment (CLOMA) or Conditional Letters of Map Revision (CLOMR).

.020 Coordination with FEMA. The Planning Director shall

.0201 Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA, within six (6) months of availability, the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations;

.0202 Amend the floodplain management regulations and notify FEMA, within six (6) months, in order to include all flood-prone areas within newly acquired areas by means of annexation, incorporation, or otherwise, of another area to enforce the provisions of this chapter; and

.0203 Submit or assure that the permit applicant submits technical or scientific data to FEMA for a LOMR, within six (6) months of information becoming available or project completion, whichever comes first.

.030 Maintenance of Records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Planning Director, or designee, shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; records of lowest floor and floodproofing elevations for new construction and substantial improvements where base flood elevation data are utilized, within Zone A on the City's FIRM; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 4879 §§ 10, 11; December 1, 1987: Ord. 5547 § 8; December 19, 1995: Ord. 65121 § 11; August 24, 2021.)

.010 Development permit review and approval. Review all permit applications to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. 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 to any point.

.020 Alteration of watercourses.

.0201 Notify, in riverain situations, adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Emergency Management Agency (FEMA).

.0202 Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. .030 Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (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 Section 17.28.190 hereof.

.031 Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available. (Ord. 5547 § 9; December 19, 1995: Ord. 6512 § 12; August 24, 2021.)

In all areas of special flood hazards the following standards are required: .010 Anchoring.

.011 All new construction and substantial improvement shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) 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.

.012 [Repealed].

.020 Construction materials and methods.

.022 All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

.030 Elevation and floodproofing.

.031 New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation. Nonresidential structures may meet the standards in Section 17.28.130.022. Prior to final building and zoning inspections, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and an elevation certificate completed and provided to the Planning Director, or his or her designee.

.032 New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM plus one foot, or at least three feet above the highest adjacent grade if no depth number is specified. Nonresidential structures may meet the standards in Section 17.28.130.030.033. Upon completion of the structure, a registered professional engineer shall certify that the elevation of the structure meets this standard and provide the certification to the Planning Director, or designee.

.033 Nonresidential construction shall either be elevated in conformance with Section

17.28.130.030.031 or 17.28.130.030.032 or together with attendant utility and sanitary facilities:

(a) Be floodproofed so that below the base flood level 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 subsection are satisfied. Such certification shall be provided to the Planning Director, or designee.

.034 Mobile homes shall meet the above standards and also the standards in Section 17.28.170. .035 All new construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement 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 flood waters. Designs for meeting this requirement must be certified by a registered professional engineer within the State of California or meet or exceed the following minimum criteria:

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 or valves.

.036 Within Zones AH and AO, adequate drainage paths shall be constructed around structures on slopes to guide flood waters around and away from proposed structures. (Ord. 4138 § 1 (part); June 30, 1980: Ord. 4879 §§ 12, 13, 14, 20 (part); December 1, 1987: Ord. 4963 § 4, September 27, 1988: Ord. 5217 § 6; May 7, 1991: Ord. 5547 § 10; December 19, 1995: Ord. 5681 § 7; May 11, 1999: Ord. 6512 § 13; August 24, 2021.)

.010 The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

.020 Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 4138 § 1 (part); June 3, 1980.)

.010 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;

.020 On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

.030 Utilities shall be designed to resist destruction from flood scour, and the hydrostatic and hydrodynamic loads and effects of buoyancy. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 6512 § 14; August 24, 2021.)

.010 All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood;

.020 All final subdivision plans will provide the elevation 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 Planning Director, or designee;

.030 All subdivision proposals shall be consistent with the need to minimize flood damage;

.040 All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

.050 All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 6512 § 15; August 24, 2021.)

.010 Anchoring. All manufactured homes and additions to manufactured homes shall be anchored and elevated to resist flotation, collapse, or lateral movement by one of the following methods:

.0101 By providing an anchoring system designed to withstand horizontal forces of twenty-five pounds per square foot and up-lift forces of fifteen pounds per square foot;

.0102 By providing over-the-top and frame ties to ground anchors. Specifically:

(i) Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than fifty feet long require only one additional tie per side;

(ii) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long require only four additional ties per side; and components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds.

.020 Elevation. All manufactured homes that are placed, replaced, 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 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, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation and securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

.0201 All manufactured homes placed or substantially improved within Zones AH and AE on the FIRM on sites (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 in 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, or bottom of the lowest horizontal member of 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.

s incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor, or bottom of the lowest horizontal member of 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.

.0202 In Zone A1-30, AH, and AE, all manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of 17.28.170.020, shall be elevated so that the lowest floor is at or above the base flood elevation, or the 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 and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement. .030 No manufactured home shall be placed in a floodway, except in an existing manufactured home park or existing manufactured home subdivision;

.040 Require that recreational vehicles placed on sites within Zone AH and AE on the FIRM either (i) be on the site for fewer than one hundred eighty consecutive days, (ii) be fully licensed, operational, registered, and ready for highway use, or (iii) meet the permit requirements in Section 17.28.100 and the elevation and anchoring requirements for "manufactured homes" in Section 17.28.170.020 above. 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.

.050 Adequate surface drainage and access for a hauler shall be provided. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 4879 §§ 15—19, 20 (part); December 1, 1987: Ord. 5217 §§ 7, 8; May 7, 1991: Ord. 6512 § 16; August 24, 2021.)

Located within areas of special flood hazard established in Section 17.28.050 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:

.010 Prohibit encroachments, including fill, new construction, 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.

.020 Prohibit the placement of any mobile homes except in an existing mobile home park or subdivision. (Ord. 4138 § 1 (part); June 3, 1980.)

The intent of section is to prohibit development that may increase flood levels which, in turn, could increase potential flood damage to the development and to structures of other property owners. In most cases, alternative locations for the proposed development are available outside the limits of the special flood hazard area. Other actions may also be taken or required as a condition of approval to compensate for increased flood levels. For applications of Variances within the special flood hazard areas, the following provisions apply:

.010 The City Engineer or Planning Director, or their designees, shall hear and decide appeals and requests for variances from the requirements of this chapter.

.020 The City Council shall hear and decide appeals when it is alleged there is an error in any requirement,

decision, or determination made in the enforcement or administration of this chapter.

.030 The City Council decision shall be final and conclusive.

.040 In passing upon such applications, the City Engineer or Planning Director, or their designees, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and

.0401 The danger that materials may be swept onto other lands to the injury of others;

.0402 The danger to life and property due to flooding or erosion damage;

.0403 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

.0404 The importance of the services provided by the proposed facility to the community;

.0405 The necessity to the facility of a waterfront location, where applicable;

.0406 The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

.0407 The compatibility of the proposed use with existing and anticipated development;

.0408 The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

.0409 The safety of access to the property in times of flood for ordinary and emergency vehicles;

.0410 The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

.0411 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.

.050 Upon consideration of the factors of Section 17.28.190.040 and the purposes 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.

.060 The City Clerk shall maintain a record of all variance actions, including justifications for their issuance. .070 Conditions for Variances.

.0701 Variances may be issued for the repair or rehabilitation of historic structures upon a determination that (a) the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and (b) the variance is the minimum necessary to preserve the historic character and design of the structure.

.0702 Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

.0703 While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances, in conformance with the procedures of .0704, .0705, .0706, and .0707 of this section, may be issued by the City for new construction and substantial improvements to be erected on a lot of onehalf (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. Variance requests on one or more lots resulting in a project area larger than one-half (1/2) acre in size may require certification of data by a registered professional engineer or architect demonstrating that no technically feasible methods are available to alleviate or mitigate drainage issues to the development or adjacent properties and structures and justification demonstrating no alternative location is feasible.

.0704 Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

.0705 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.

.0706 Any applicant to whom a variance is granted shall be given written notice by the Planning Director, or designee, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to $25.00 for $100.00 of insurance coverage. A copy of the notice shall be recorded by the Planning Director, or designee, in the office of the Orange County Clerk Recorder and shall be recorded in the title of the affected parcel of land. (Ord. 4138 § 1 (part); June 3, 1980: Ord. 5217 § 9; May 7, 1991: Ord. 5547 § 11; December 19, 1995: Ord. 5681 § 8; May 11, 1999: Ord. 6512 § 17; August 24, 2021.)

In the event of any conflict between any provision set forth in this chapter and any provision set forth in Chapter 18.28 (Floodplain “FP” Overlay Zone) of the Anaheim Municipal Code, or any other provision of law, the more restrictive provision shall prevail. (Ord. 6512 § 18; August 24, 2021.)