Chapter 20.276 — FLOOD PLAIN OVERLAY DISTRICT

Cal. Gov’t Code § 65800 authorizes cities to adopt land use regulations designed to promote the public health, safety, and general welfare of its citizenry. (Ord. 1133, 12-1-2009)

• A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

• B. These flood losses are caused by uses that are inadequately elevated, flood-proofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to flood losses.

• (Ord. 1133, 12-1-2009)

The Flood Hazard Overlay (F) Zoning District is established to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by creating legally enforceable regulations to be applied uniformly throughout the community to all publicly and privately owned land within flood-prone areas. These regulations are designed to:

• A. Protect human life and health;

• B. Minimize expenditure of public money for costly flood control projects;

• C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

• D. Minimize prolonged business interruptions;

• E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

• F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

• G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

• H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

• (Ord. 1133, 12-1-2009)

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City of Brea, CA

ZONING CODE

§ 20.276.040

§ 20.276.050

The Flood Hazard Overlay (F) Zoning District designation applies to special flood hazard areas, identified by the Federal Emergency Management Agency (FEMA) in the ‘Flood Insurance Study’ (FIS) for Orange County and incorporated areas, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s), dated December 3, 2009, subsequent amendments and/or revisions, and the same are hereby adopted by reference and declared to be part of this chapter. The FIS and attendant mapping is the minimum area of applicability of this chapter, and may be supplemented by studies for other areas that allow implementation of this chapter. The study, FIRM’s and FBFM’s are on file at the City Clerk’s Office in the Civic and Cultural Center, located at 1 Civic Center, Brea, CA 92821. (Ord. 1133, 12-1-2009)

No structure or land within the Flood Hazard Overlay (F) Zoning District shall hereafter be constructed, located, extended, converted or altered without full compliance with the requirements of Division II Floodplain Management of Title 18 of the Brea City Code. (Ord. 1133, 12-1-2009)

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City of Brea, CA

ZONING CODE

§ 20.280.010

§ 20.280.050

CHAPTER 20.280 SGS SPECIAL GEOLOGIC STUDIES ZONE

The purpose of the Special Geological Studies Zone is to protect life and property in the city from hazards of geologic faulting and set requirements for the evaluation of such areas prior to approval of any development permit or tentative map on the property. (Ord. 723, 2-2-1982)

In any base district where the district symbol is followed by, as a part of such symbol, parenthetically enclosed letters “SGS,” thus (SGS), the additional requirements contained in this chapter shall apply. The district symbol shall constitute the “Base District” and the (SGS) shall constitute the “Overlay District.” The provisions of the (SGS) Zone shall not supersede any other zoning requirements, including, but not limited to, any other overlay zoning requirement. (Ord. 723, 2-2-1982)

All uses permitted in the base district, including those subject to conditional use permit, are permitted subject to certification that a Special Geologic Studies Zone Analysis has been submitted and considered in accordance with the procedures set forth in § 20.280.050 of this chapter.

(Ord. 723, 2-2-1982)

No project application to which § 20.280.030 of this chapter applies shall be deemed complete and/or filed nor be accepted for filing until all Special Geologic Studies Zone Analyses and documentation required hereunder, including any final analysis, is completed for presentation to the initially responsible city agency where:

• A. The enabling legislation requires the city to act on the project within a specified period of time of one hundred eighty (180) days or less; and

• B. The enabling legislation provides that the project will become approved by operation of law if the city fails to act within the specified time limit.

• (Ord. 723, 2-2-1982)

• A. Draft Special Geologic Study Zone Analysis.

  1. Prior to the commencement of a proposed discretionary project, which is located either wholly or partially within any area zoned (SGS) requiring the approval of any development permit or tentative map, the proponent of the project shall prepare, or cause to be prepared, a draft Special Geologic Study Zone Analysis and submit the draft analysis to the Development Services Director. The Development Services Director, or his or her designee, shall determine the number of copies of the draft Analysis required to be submitted. Before completing the draft Special Geologic

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City of Brea, CA

ZONING CODE

§ 20.280.050

§ 20.280.050

Study Zone Analysis, the preparer shall consult directly with any person whom or organization which the preparer believes will be concerned with the geologic hazards in the project area and with other public agencies involved in carrying out or approving the project.

2. The draft Special Geologic Study Zone Analysis shall contain the following information, in form as approved by the Development Services Director, pertaining to the entirety of the proposed project:

   • a. The Analysis shall be a combined in-depth geologic and soils investigation prepared by a registered geologist, certified by the State of California as an engineering geologist and by a licensed civil engineer qualified in soil mechanics.

   • b. Required geologic and soils investigations shall include the following:

     • (1) Text.

       • (a) Purpose and scope of investigation.

       • (b) Geologic setting.

       • (c) Site description and conditions. Include information on geologic units, graded and filled areas, vegetation, existing structures, etc., that may affect the choice of investigative methods and the interpretation of data.

       • (d) Methods of investigation.

         • (i) Review of published and unpublished literature and records concerning geologic units, faults, ground water barriers, etc.

         • (ii) Interpretation of aerial photographs and other remotely sensed images to detect fault related topography, vegetation and soil contrasts, and other lineaments and possible fault origin.

         • (iii) Surface observations, including mapping of geologic units and structures, topographic features, springs, deformation of manmade structures, etc., both on and beyond the site.

         • (iv) Subsurface investigations.

           • (A) Trenching and other extensive excavations to permit detailed and direct observation of continuously exposed geologic units and features which must be carefully logged.

           • (B) Borings and test pits to permit collection of data on geologic units and ground water at specific locations. Data points must be sufficient in number and adequately spaced to permit valid correlations and interpretation.

         • (v) Geophysical investigations.

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City of Brea, CA

BREA CODE

§ 20.280.050

§ 20.280.050

     - (A) Seismic re-fraction. 

     - (B) Magnetic in-tensity. 

     - (C) Other (e.g., electrical resistivity, seismic reflection, gravity). 

  - (vi) Other methods should be included when special conditions permit, or requirements for critical structures demand, a more intensive investigation. 

     - (A) Aerial reconnaissance overflights. 

     - (B) Geodetic and strain measurements, microseismicity monitoring, or other monitoring techniques. 

     - (C) Radiometric analysis, stratigraphic correlation, soil profile development, paleomagnetism, or other age dating techniques to identify the age of faulted or unfaulted units or surfaces. 

• (e) Conclusions.

  • (i) Location and existence (or absence) of hazardous faults on or adjacent to the site.

  • (ii) Type of faults and nature of anticipated offset: direction of relative displacement and maximum displacement that is possible.

  • (iii) Probability of or relative potential for future surface displacement. The likelihood of future ground rupture can seldom be stated mathematically, but may be stated in semiquantitative terms such as low, moderate, or high.

  • (iv) Degree of confidence in and limitations of data and conclusions.

• (f) Recommendations.

  • (i) Setback distances from hazardous faults, if appropriate. State and local law may dictate minimum standards.

  • (ii) Risk evaluations relative to the proposed development - professional opinions are acceptable.

• (2) References.

  • (a) Literature and records cited and reviewed.

  • (b) Aerial photographs or images interpreted - list type, scale, source, index numbers, etc.

  • (c) Other sources of information including well records, personal communications, and other data sources.

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City of Brea, CA

ZONING CODE

§ 20.280.050

§ 20.280.050

  - (3) Illustrations - these are essential to the understanding of the report and to reduce the length of text. 

     - (a) Location map - identify site locality, significant faults, geographic features, seismic epicenters, and other pertinent data; 1:24,000 scale is recommended. 

     - (b) Site development map - show site boundaries, existing and proposed structure, graded areas, streets, exploratory trenches, borings, geophysical traverses, and other data; recommended scale is one (1) inch equals two hundred (200) feet, or larger. 

     - (c) Geologic map - shows distribution of geologic units (if more than one (1)), faults and other structures, geomorphic features, aerial photo lineaments, and springs; on topographic map 1:24,000 scale or larger; can be combined with (3)(a) or (3)(b) above. 

     - (d) Geologic cross-sections, if needed to provide three-dimensional picture. 

     - (e) Logs of exploratory trenches and borings - show details of observed features and conditions; should not be generalized or diagrammatic. 

     - (f) Geophysical data and geologic interpretations. 

  - (4) Statement of other public agencies having approval authority over the project.

• (5) Statement of other persons and organizations consulted concerning the geologic effects of the project.

  - (6) Appendix including supporting data not included above (e.g., Waterwall date). 
  
  - (7) Signature and registration number of the investigating geologist/civil engineer [preparer(s)]. 
  

• B. Forthwith upon completion of the draft Analysis, the Development Services Director, or his or her designee, shall:

  1. Cause an independent evaluation and analysis of the draft Analysis to be conducted. Such independent evaluation and analysis may be referred by the Director, or his or her designee, to a registered geologist certified by the State of California as an engineering geologist and/or a licensed civil engineer qualified in soil mechanics retained by the city for purposes of conducting such independent evaluation and analysis;

  2. Consult with and seek to obtain comments from any public agency which has jurisdiction by law with respect to the project;

  3. Consult with and seek to obtain comments from any person or organization identified in the draft Analysis as being concerned with the geologic hazards in the project area; and

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City of Brea, CA

BREA CODE

§ 20.280.050

§ 20.280.050

• C. If the proponent of the project or the Development Services Director, or his or her designee, determines that a public hearing would facilitate the purposes and goals set forth in this chapter, conduct such a hearing. If a hearing is to be conducted, all persons, organizations and public agencies identified in the draft Analysis shall be notified of such hearing.

• D. Final Special Geologic Study Zone Analysis.

  1. Immediately subsequent to the completion of the activities set forth in paragraphs A., B. and C. of this section, the Development Services Director, or his or her designee, shall prepare a final Special Geologic Study Zone Analysis with respect to the project in question.

  2. The contents of the final Special Geological Study Zone Analysis shall consist of the following:

     • a. The draft Special Geologic Study Zone Analysis or a revision of the draft;

     • b. Comments and recommendations received with respect to the draft Special Geologic Study Zone Analysis, either verbatim or in summary form;

     • c. A list of persons, organizations and public agencies commenting on the draft Special Geologic Study Zone Analysis;

     • d. The response of the preparer and/or the city to significant geologic hazards identified in the review and consultation process.

     • e. Comments, recommendations, responses and other material may be attached to the draft Special Geologic Study Zone Analysis and need not take the form of a complete revision of the entirety of said draft. The responses to significant geologic hazards identified shall describe the disposition of such issues (e.g., revisions to the proposed project to mitigate the anticipated geologic impact).

• e. Comments, recommendations, responses and other material may be attached to the draft Special Geologic Study Zone Analysis and need not take the form of a complete revision of the entirety of said draft. The responses to significant geologic hazards identified shall describe the disposition of such issues (e.g., revisions to the proposed project to mitigate the anticipated geologic impact).

  - f. In the event that significant geologic hazards are identified or objections made, and mitigation or other measures to reduce the impact of such significant hazards are rejected, such rejections must be addressed in detail giving reasons why such specific measures were not accepted and factors of overriding importance warranting an override of the suggested mitigation measures. 
  

• E. The final Special Geologic Study Zone Analysis shall then be presented to that agency of the city which first must consider the project. Such presentation shall not occur until at least thirty (30) days subsequent to the mailing of any notice specified in paragraph C. of this section. Such agency of the city shall certify that the final Special Geologic Study Zone Analysis, including any modifications, additions or deletions to the Analysis presented to the agency which the agency deems appropriate, has been completed in compliance with this chapter and that it has reviewed and considered the information contained in the Special Geologic Study Zone Analysis. Such certification shall be resolution or minute motion and shall occur prior to the rendering of any decision approving a project. Such certification, as well as any subsequent certification by the City Council, shall be completed within one (1) year from the date the application for the project is accepted as complete. All time limits described herein may be extended once for a maximum of ninety (90) days if compelling circumstances justify such extension, and the applicant agrees thereto. If the City Council makes the final decision on a project subsequent to consideration thereof by

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City of Brea, CA

ZONING CODE

§ 20.280.050

§ 20.280.060

another city agency, for example, the Planning Commission, the City Council shall certify as stated above in this paragraph E. of this section.

• F. In the event that a city agency is required to give notice of a public hearing which is to be conducted prior to that agency considering the project in question, and the Special Geologic Study Zone Analysis process is applicable to said project, said notice shall include the notice specified in paragraph C. of this section and the hearing in question shall include a hearing on the subject of the Special Geologic Study Zone Analysis.

• G. When a Special Geologic Study Zone Analysis identifies one (1) or more significant geologic hazards in the project area, the project may be approved only by a written resolution which finds that:

  1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant geologic hazards identified in the final Analysis; and/ or

2. Such changes or alterations are within the responsibility or jurisdiction of another public agency and such changes have been or can and should be adopted by that agency; and/or

   3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final Analysis.

• (Ord. 723, 2-2-1982)

The proponent of any project for which a Special Geologic Study Zone Analysis is to be prepared shall be required to pay a fee to defray the city's cost of evaluating and analyzing any draft Special Geologic Study Zone Analysis and the preparation of any final Special Geologic Study Zone Analysis. The fees required to defray the city's costs shall be established by a resolution of the City Council.

(Ord. 723, 2-2-1982)

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City of Brea, CA

ZONING CODE

§ 20.400.010

§ 20.400.020