Division 5 — PROVISIONS FOR FLOOD HAZARD REDUCTION

Sec. 9.100.510. - Standards of construction.

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

(1)

Anchoring.

a.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured homes shall meet the anchoring standards of section 9.100.540.

(2)

Construction materials and methods.

a.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b.

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

c.

All new construction and substantial improvements shall 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.

(3)

Elevation and floodproofing.

a.

New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in section 9.100.510, subsection (3)b. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspection to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

b.

Nonresidential construction shall either be elevated in conformance with section 9.100.510, subsection (3)a. or together with attendant utility and sanitary facilities:

(1)

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(2)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3)

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

c.

Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(1)

Either 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, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

(2)

Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

d.

Manufactured homes shall also meet the standards in section 9.100.540.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.100.520. - Standards for utilities.

(a)

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.

(b)

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

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.100.530. - Standards for subdivisions.

(a)

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

(b)

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 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.100.540. - Standards for manufactured homes.

All new and replacement manufactured homes and additions to manufactured homes shall:

(1)

Be elevated so that the lowest floor is at or above the base flood elevation; and

(2)

Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.100.550. - Floodways.

Located within areas of special flood hazard established in section 9.100.320 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:

(1)

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.

(2)

If section 9.100.550, subsection (1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Division 5 of this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

DIVISION 6. - APPEALS OF THE FLOODPLAIN ADMINISTRATOR'S DECISIONS

Sec. 9.100.610. - City council as appeal board.

Decisions of the floodplain administrator may be appealed to the city council pursuant to sections 2.04.100 through 2.04.130 and this division 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 chapter. In considering the merits of an appeal, the city council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in time of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(11)

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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

DIVISION 7. - VARIANCE STANDARDS

Sec. 9.100.710. - Application of division.

Variances may be issued for new construction and substantial improvements to be erected on lots of onehalf acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items listed as (1) through (11) of section 9.100.610 have been fully considered. The technical justification required shall be greater for variances for lots larger than one-half acre.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.100.720. - Standards applicable to variances.

(a)

Notwithstanding the provisions of subsection (b) through (f), variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places.

(b)

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

(c)

Variances shall only be issued to the minimum extent necessary, considering the flood hazard, to afford relief.

(d)

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.

(e)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of section

9.100.720 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(f)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.100.730. - Reporting.

The floodplain administrator shall maintain records of all variances granted and shall report any variances to the floodplain insurance administration upon request.

(Ord. No. 98-193, §§ 1—4, 10-19-98)