Brea Municipal Code Ch. 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)

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)