Irvine Municipal Code Ch. 5-2 Floodplain District

Article 11, Section 7 of the California Constitution confers upon local government units 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 Irvine does hereby adopt the following floodplain management regulations.

(Code 1976, § V.E-501.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

A. The flood hazard areas of the City of Irvine 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, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to the flood loss.

(Code 1976, § V.E-501.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

A. The floodplain district (FP-1 or FP-2) is part of the City's overall floodplain management program and is intended to be applied to those areas of the City which, under present conditions, are subject to special flood hazards.

B. It is the purpose of this ordinance 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 to:

1. Protect human life and health;

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

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

4. Minimize prolonged business interruptions;

5. 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;

6. 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;

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

8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

9. Provide flood insurance eligibility for property owners.

(Code 1976, § V.E-501.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

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

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

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

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D. Control filling, grading, dredging, and other development which may increase flood damage;

E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and

F. Construct a system of flood control facilities to accommodate the theoretical 100-year storm flow.

(Code 1976, § V.E-501.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Irvine.

(Code 1976, § V.E-501.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) dated November 3, 1993, and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated September 15, 1989, November 3, 1993, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS 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 Council by the Floodplain Administrator. Copies of the latest study, FIRMs and FBFMs are on file at the City of Irvine Public Works Department, One Civic Center Plaza, Irvine, California, 92714-5208.

A. The various federal hazard areas and the equivalent City floodplain district designations shall be as follows:

B. Where a flood protection system is planned which will eliminate an area of special flood hazard from property, the City will submit the appropriate plans and justification to the Administrator of the Federal Insurance Administration for review and approval, including the necessity of Letter of Map Change (LOMC) at the earliest possible opportunity.

(Code 1976, § V.E-501.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Irvine from taking such lawful action as is necessary to prevent or remedy any violation.

(Code 1976, § V.E-501.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Code 1976, § V.E-501.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

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

A. Considered as minimum requirements;

B. Liberally construed in favor of the City of Irvine; and

C. Deemed neither to limit nor repeal any other powers granted under State statutes.

(Code 1976, § V.E-501.9; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

The degree of flood protection required by this ordinance 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 manmade or natural causes. This ordinance 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 ordinance shall not create liability on the part of the City of Irvine, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(Code 1976, § V.E-501.10; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 5-2-7. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not 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 is required:

A. Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures including Zone AO, also the elevation of the highest adjacent grade; and

B. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 5-2-24.C; and

C. All appropriate certifications listed in Section 5-2-15.4 of this ordinance; and

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

(Code 1976, § V.E-501.13; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)

The Director of Public Works is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions.

(Code 1976, § V.E-501.13; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

A. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1. Permit review. Review all development permits to determine that:

a. Permit requirements of this ordinance have been satisfied;

b. All other required State and federal permits have been obtained;

c. The site is reasonably safe from flooding; and

d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

2. Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with Section 5-2-7, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or State agency, or other source, in order to administer Section 5-2-17 to Section 5-2-22. Any such information shall be submitted to the City Council for adoption.

3. Notification of other agencies. In alteration or relocation of a watercourse:

a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

4. Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

a. Certification required by Section 5-2-24.C.1 (lowest floor elevations);

b. Certification required by Section 5-2-24.C.2.c (elevation or floodproofing of nonresidential structures);

c. Certification required by Section 5-2-24.C.3.a (wet floodproofing standard);

d. Certification of elevation required by Section 5-2-19.B (subdivision standards); and

e. Certification required by Section 5-2-22.A (floodway encroachments).

5. Map determinations. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 5-2-25.

6. Remedial action. Take action to remedy violations of this ordinance as specified in Section 5-2-8.

B. The Planning Commission of the City of Irvine shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.

(Code 1976, § V.E-501.14; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)

Editor's note— Ord. No. 10-04, § 3, adopted April 13, 2010, amended the Code by repealing former § 5-2-16 in its entirety. Former § 5-2-16 pertained to standards of construction, and derived from the Code of 1976, § V.E-501.15; Ord. No. 92-3, adopted April 14, 1992; Ord. No. 94-7, adopted June 14, 1994; and Ord. No. 95-18, adopted October 10, 1995.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of floodwaters into the systems; and

2. Discharge from the systems into floodwaters.

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

(Code 1976, § V.E-501.16; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

A. All preliminary subdivision proposals (tentative maps) shall identify the flood hazard area and the elevation of the base flood.

B. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor shall be certified by a registered professional engineer or surveyor as being at least one foot above the base flood elevation and such certification shall be provided to the Floodplain Administrator.

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

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

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

F. All proposals for subdivisions wholly or partially located within the special flood hazard area inundated by the 100-year flood (SFHA) on the FIRM shall include the appropriate means to remove the subdivision from the SFHA and/or contain the 100-year flood flows within facilities as designated in the currently approved flood control Master Plan.

1. The subdivision proposal shall include Letter of Map Revision (LOMR) required by FEMA for revision to the FIRM and FIS, including additional data as required by FEMA, and shall pay all preliminary and subsequent fees, as required by FEMA.

2. The documentation required by this Section 5-2-19 shall be submitted to the Federal Insurance Administration per Section 5-2-7.B.

(Code 1976, § V.E-501.17; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)

A. All manufactured structures that are placed or substantially improved, within Zones A1-30, AH, and AE on the FIRM, 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 on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood;

shall be elevated on a permanent foundation such that the lowest floor of the manufactured structure is elevated to 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 structures to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the FIRM that are not subject to the provisions of Section 5-2-20.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:

1. Lowest floor of the manufactured structure is at least one foot above the base flood elevation; or

2. The manufactured structure 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.

(Code 1976, § V.E-501.18; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the FIRM will either:

A. Be on the site for fewer than 180 consecutive days, and 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

B. Meet the permit requirements of Section 5-2-13 to Section 5-2-15 of this ordinance and the elevation and anchoring requirements for manufactured structures in Section 5-2-20.A.

(Code 1976, § V.E-501.19; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

Located within special flood hazard areas established in Section 5-2-7 are areas designated as floodways. No new structures, buildings, or substantial improvements are permitted in the floodways prior to FEMA approval of Letter of Map Revision (LOMR). Building permits must not be issued based on Conditional Letter of Map Revision (CLOMR). Approved CLOMR allows construction of proposed flood control projects and land preparation as specified in the "start of construction" definition.

Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided, demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

B. If Section 5-2-22.A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 5-2-17 to Section 5-2-22.

C. The following uses are permitted within the Regulatory Floodway District (FP-1), provided all necessary local, State and federal permits and Section 5-2-22.A are satisfied:

1. Spreading grounds and basins, roads, bridges and ultimate flood protective systems, constructed in accordance with plans approved by the Orange County Flood Control District.

2. Farming, including all types of agriculture and horticulture (except orchards, tree crops, nurseries for producing trees, vines and other horticultural stock which could obstruct the natural flow of floodwater), grazing, gardening, wildlife preserves, forest preserves and similar open space or agricultural uses.

D. The following uses shall be permitted in the Regulatory Floodway District (FP-1) provided all required, local, State and federal permits have been issued, and subject to the approval of a conditional use permit by the Planning Commission. The application for a conditional use permit shall be forwarded to the Orange County Flood Control District for review and comment prior to final Planning Commission action.

1. Interim flood protective systems.

2. Temporary (not to exceed six months) and readily removable structures accessory to agricultural uses.

3. Public utility facilities and distributing systems as provided for in Section 5-2-17.

4. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields, athletic fields, and parking lots, all of which involve only the open use of land without permanent structures or improvements.

5. Excavation and removal of rock, sand, gravel and other material.

E. The following uses are specifically prohibited in the Regulatory Floodway District (FP-1):

1. Landfills, except as required in the construction of an approved flood protective system.

2. Excavations that will tend to broaden the floodplain or direct flood flows out of the natural floodplain.

3. Residential and nonresidential buildings.

4. Storage of floatable substances or materials which will add to the debris load of a stream or watercourse, except where said materials are temporarily stored for use in the planting or harvesting of agricultural commodities.

5. Notwithstanding Sections 5-2-22.C and 5-2-22.D above, any new construction, substantial improvements, development or encroachment which will endanger life and property or that would obstruct the natural flow of floodwaters so as to result in an increase in flood levels during the occurrence of the base flood discharge.

6. Any alteration or relocation of a watercourse, except:

a. That which is in accordance with an approved Master Plan of drainage, or has otherwise been specifically approved by the City Council, and then only provided the overall flood-carrying capacity within the watercourse is maintained;

b. When the City has notified and requested comments of the Orange County Flood Control District, State coordinating office and adjacent communities prior to City approval, with copies of the notification forwarded to the Federal Insurance Administration; and

c. When all necessary permits required by federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, have been approved.

7. All uses not expressly permitted by Sections 5-2-22.C and 5-2-22.D above.

(Code 1976, § V.E-501.20; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)

Located within areas of special flood hazard zones (A, AE, AH and AO) established in Section 5-2-7 are areas designated as FP-2.

A. The following uses are permitted in the FP-2 district, provided all required local, State or federal permits have been issued:

1. All uses expressly permitted in the FP-1 district;

2. Orchards, tree crops, nurseries for producing trees, vines, and other horticultural stock and similar open space or agricultural uses; and

3. Temporary (not to exceed six months) and readily removable structures accessory to agricultural uses.

B. If Section 5-2-22.A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 5-2-17 to Section 5-2-20.

C. The following uses and structures shall be permitted in the FP-2 district provided all necessary local, State and federal permits have been issued, and subject to the approval of a conditional use permit by the Planning Commission. The application for a conditional use permit shall be forwarded to the Orange County Flood Control District for review and comment prior to final Planning Commission action.

1. Interim flood protective services.

2. Public utility facilities and distributing systems provided:

a. New and replacement water supply systems are designed to eliminate infiltration of floodwater into the systems;

b. New and replacement sanitary sewage systems are designed to eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater; and

c. On-site waste disposal systems are located to avoid impairment to them or contamination from them during flooding.

3. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields, athletic fields, and parking lots, all of which involve only the open use of land without permanent structures or improvements.

4. Excavation and removal of rock, sand, gravel and other material.

5. New residential (excluding manufactured homes), commercial, industrial, institutional and agricultural structures, including substantial improvement thereto, permitted by the village zoning, when these uses comply with building, health and subdivision code requirements applicable to flood hazard areas and with the following conditions:

a. Adequate drainage measures are provided to reduce exposure to flood hazards;

b. Residential structures shall have the lowest floor (including basement) or bottom elevation of the structure (whichever is lower) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet above the highest adjacent grade if no depth number is specified;

c. Nonresidential structures shall (a) have the lowest floor (including basement) elevated to one foot above the base flood level (in the case of AO or AH Zones to one foot above the depth number indicated on the FIRM) or (b) together with attendant utility and sanitary facilities, be designed so that below the base flood level (or depth number) the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where floodproofing is utilized for a particular structure, a registered professional engineer or architect shall certify in the FEMA floodproofing certificate that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. A copy of such certificate indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the building permit for the structure; and

d. All landfills, substantial improvements, new construction or other encroachments with an effect on the base flood level such that the water surface elevations of the base flood would be increased by one foot or more shall be fully offset by requirements for stream or channel improvements.

D. The following uses are specifically prohibited in the FP-2 district:

1. Manufactured structures;

2. Landfills, improvements, development or other encroachments that would increase water surface elevations of the base flood more than one foot and that cannot be fully offset by stream or channel improvements as provided in Section 5-2-23.C;

3. Excavations that will tend to broaden the floodplain or direct flood flows out of the natural floodplain;

4. Storage of floatable substances or materials which will add to the debris load of a stream or watercourse, except where said materials are temporarily stored for use in the planting or harvesting of agricultural commodities; and

5. All uses not expressly permitted by Sections 5-2-22 and 5-2-23.

(Code 1976, § V.E-501.21; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)

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

A. Anchoring.

1. All new construction and substantial improvements, including manufactured structures, 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 5-2-20.

B. Construction materials and methods. All new construction and substantial improvements, including manufactured structures, shall be constructed:

1. With materials and utility equipment resistant to flood damage below BFE;

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. Within Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C. Elevation and floodproofing. (Refer to Section 1-2-1 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

a. In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding one foot above the depth number specified in feet on the FIRM, or elevated at least two 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 the Floodplain Administrator.

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, and verified by the City of Irvine Chief Building Official, to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 5-2-24.C.1 or, together with attendant utility and sanitary facilities:

a. Be floodproofed below the elevation recommended under this Section 5-2-24 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 (5-2-24.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. Designs for meeting this requirement must exceed the following minimum criteria:

a. Be certified by a registered professional engineer or architect; or

b. Have 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. The bottom of all openings shall be no higher than one foot above 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 5-2-20.

(Code 1976, § V.E-501.15; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)

A. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

B. It is the duty of the City to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the floodplain district ordinance are quite rare. (The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.)

(Code 1976, § V.E-501.22; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

A. In passing upon requests for variances, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

11. 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 systems, and streets and bridges.

B. Any applicant to whom a variance is granted shall be given written notice over the signature of the Director of Public Works that:

1. 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 amounts as high as $25 for $100 of insurance coverage; and

2. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Code 1976, § V.E-501.23; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95)

A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Section 5-2-13 to Section 5-2-15 and Section 5-2-17 to Section 5-2-24 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 1-2-1) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

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

D. Variances shall only be issued upon a determination that the variance is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the Planning Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Planning Commission believes will both provide relief and preserve the integrity of this ordinance.

E. Variances shall only be issued upon a:

1. Showing of good and sufficient cause;

2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 1-2-1) to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 1-2-1, see "public safety and nuisance"), cause fraud or victimization (as defined in Section 1-2-1) of the public, or conflict with existing local laws or ordinances.

F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 5-2-27.A through Section 5-2-27.E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. New construction and substantial improvements in a floodprone area shall:

1. 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; and

2. 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.

G. Upon consideration of the factors of Section 5-2-26.A and the purposes of this ordinance, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(Code 1976, § V.E-501.24; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-18, § 4, 10-10-95; Ord. No. 10-04, § 3, 4-13-10)