Loading...
HomeMy WebLinkAboutNS-2183 - Amending Various Sections of Chapter 7 of the Santa Ana Municipal Code to Update the City's FloodPlain Management...VAULT 02? ORDINANCE NO. NS- 2183 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 7 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS IN ACCORDANCE WITH CHANGES IN FEDERAL REGULATIONS ISSUED PURSUANT TO THE NATIONAL FLOOD INSURANCE PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 7-2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-2. Incorporation by reference of flood insurance rate map and floodway map. That certain collection of maps entitled "FIRM, Flood Insurance Rate Map, Orange County, California And Incorporated Areas," with an effective date of September 15, 1989, copies of which maps are on file with the clerk of the council, are hereby incorporated by this reference and adopted, together with all duly authorized amendments or revisions thereof, for the purpose of designating the special hazard areas, the risk premium zones, and the regulatory floodway of the city of Santa Aha in accordance with the National Flood Insurance Program. Ail references in this chapter to the A zone, the AC zone, the AH zone, and the AE zone shall mean references to those areas of the city designated on the said flood insurance rate map as being included in such zones respectively. Ail references in this chapter to the regulatory floodway shall mean references to that area designated as "floodway" on the said maps. SECTION 2: That section 7-6 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-6. Delegation of responsibilities. The responsibilities and powers imposed by this chapter on the city manager, executive director of planning and building safety, and executive director of public works may be delegated by them to designated authorized representatives. The executive director of the planning and building agency shall be responsible for the day- to-day administration and enforcement of this chapter and shall be the city's contact with the Federal Emergency Management Agency and other interested parties. ORDINANCE NS-2183 0~9 PAGE 2 SECTION 3: That section 7-9 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 7-9. Regulation of Santa Ana River fe4eral projeot area. (a) The purpose of this section is to extend and apply the regulations imposed by this chapter on land within the designated regulatory floodway to all land within the boundaries of the Santa Ana River federal flood control project, in order to comply with the conditions of eligibility of the proposed project for state financial assistance for local costs of land acquisition, easements and right-of-way under Section 8411 of the Water Code of the State of California. The effect of this section is to add certain land presently used as a golf course and located immediately to the south of Santiago Creek at the point of its junction with the Santa Ana River to the land subjected to regulatory floodway regulations by other provisions of this chapter. (b) There is hereby adopted and incorporated by reference that certain collection of maps entitled "Right-of-Way Map, Santa Ana River" prepared by the right-of-way engineering section of the Orange County Environmental Management Agency, consisting of six (6) maps numbered 8 through 13, which maps are on file in the office of the director of building safety. All land shown on said maps as being within the limit of federal project within the City of Santa Ana shall be "land within the boundaries of the Santa Ana River federal flood control project" for purposes of this section. (c) Ail land within the boundaries of the Santa Ana River federal flood control project shall be subject to the same requirements and restrictions as imposed on land designated regulatory floodway by other sections of this chapter and by the maps adopted by section 7-2, notwithstanding any other zone designated for any part of said land on those maps. SECTION 4: That section 7-21 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-21. Permit requirement. (a) No building permit required by Article II of Chapter 8 of this Code shall be issued for any new construction or other development in the A, AO, AH, or AE zones which fails to comply with the requirements of this chapter. (b) No permit required for installation of a manufactured home, for which the executive director of planning and building safety is the enforcement authority, under Division 13 of the Health and Safety Code of the State of California, shall be issued for the placement of a manufactured home in the AO, AH, or AE zones which fail to comply with the requirements of this chapter. No 0 0 ORDINANCE NS-2183 03~ PAGE 3 mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home subdivision. (C) Any proposed construction or other development (other than public works construction) in the A, AC, AH, or AE zones, including the placement of manufactured homes, for which a permit is not required under either subsection (a) or subsection (b), shall nevertheless require a permit from the executive director of planning and building safety, and so [no] such permit shall be issued for any such construction, development, or placement which fails to comply with the requirements of this chapter. The executive director of planning and building safety shall develop such forms and procedures as may be necessary for the implementation of this subsection. SECTION 5: That section 7-22 of the Santa Ana Municipal Code is hereby amended to read as follows: 8cc. 7-22. Violation a misdemeanor. Any person who does or causes to be done any construction or other development in the AC, AH, or AE zones, or who places any ~anufactured home in any such zone, without having first obtained the permit required by section 7-21, is guilty of a misdemeanor. SECTION 6: That section 7-24 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-24. General standards for new construction or improvement of structures. No permit for new construction or substantial improvements of structures (including the placement of prefabricated buildings and manufactured homes) shall be approved in the A, AO, AH, or AE zones unless all of the following standards are met: (1) The structure must 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. (2) (3) The structure must be constructed with materials resistant to flood damage. The structure must be constructed by methods and practices that minimize flood damage. (4) The structure must 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 3 0 © O D NANCE NS-213 PAGE 4 accumulating within the components during conditions of flooding. ~SECTION 7: That section 7-25 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 7-25. General development standards. No permit shall be issued for any proposed development, including manufactured home parks or subdivisions, in the A, AO, AH, or AE zones until reviewed by the executive director of public works and approved by him as satisfying the following standards, unless it clearly appears to the executive director of planning and building safety that the development is of such a minor or limited nature that it will not have any significant adverse effect on the maintenance of such standards: (1) The proposed development must be consistent with the need to minimize flood damage within the A, AO, AH, and AE zones. No mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home subdivision. (2) Ail public utilities and facilities, such as sewer, gas electrical and water systems must be located and constructed to minimize or eliminate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Within the AH and AO zones, adequate drainage paths around structures on slopes must be provided to guide floodwaters around and away from proposed structures. SECTION 8: That section 7-26 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 7-26. Base flood elevation data. No application for a permit which pertains to a proposed new development, including manufactured home parks or subdivisions, greater than fifty (50) lots or five (5) acres, whichever is less, in the A, AO, AH, or AE zones shall be reviewed or approved unless base flood elevation data is included in the proposal, or unless such data has been previously provided pursuant to section 7-52. SECTION 9: That section 7-27 of the Santa Ana Municipal Code is hereby amended to read as follows: 4 ORDINANCE NS-2183 035 Sec. 7-27. Records. The executive director of planning and building safety shall: (1) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in the A, AO, AH, or AE zones; (2) Obtain, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; and, (3) Maintain a record of all such information together with any certificates of floodproofing. Such record shall be maintained for public inspection and furnished upon request, for the determination of applicable flood insurance risk premium rates within the A, AO, AH, and AE zones. SECTION 10: That section 7-31 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-31. AO, AH, and AE zone standards--Residential structures. Ail new construction and substantial improvements of residential structures (other than manufactured homes) in the AO, AH, or AE zones must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified for the AO zone, or to or above the base flood elevation specified for the AH or AE zones on the flood insurance rate maps. SECTION 11: That section 7-32 of the Santa Ana Municipal Code is hereby amended to read as follows: Seo. 7-32. Sams--Nonresidential structures. Ail new construction and substantial improvements of nonresidential structures in the AO, AH, or AE zones must either: (1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified for the AO zone, or to or above the base flood elevation specified for the AH or AE zone on the flood insurance rate maps; or, (2) Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that 5 ORDINANCE NS-2183 PAc . 0 7 any space below that level 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. SECTION 12: That section 7-33 of the Santa Ana Municipal Code is hereby amended to read as follows: Se=. 7-33. Same--Manufaotured homes. No manufactured home shall be placed or substantially improved in the AO or AH zones or that portion of an AE zone not designated as a floodway unless elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and securely anchored to resist flotation, collapse, or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This section does not apply to manufactured homes to be placed or substantially improved in a manufactured home park or subdivision which was in existence on October 1, 1979, except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds fifty (50) per cent of the value of the streets, utilities and pools [pads] before the repair, reconstruction or improvement commenced. This section does apply, however, to manufactured homes to be placed or substantially improved in an expansion to such a mobile home park or subdivision. SECTION 13: That section 7-34 of the Santa Ana Municipal Code is hereby amended to read as follows: 8eo. 7-34. AE zone--Regulatory floodway. No permit shall be issued for placement of any manufactured home in that portion of the AE zone which is designated as the regulatory floodway, nor shall any permit be issued for any encroachments, including fill, new construction, substantial improvements, and other development within such regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. SECTION 14: That section 7-35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-35. Same--Residential structures. (a) Ail new construction and substantial improvements of 6 7 089 residential structures (other than manufactured homes) within the AE zone must have the lowest floor (including basement) elevated to or above the base flood level shown on the flood insurance rate maps. (b) Manufactured homes may not be placed in that portion of an AE zone designated as a floodway. SECTION 15: That section 7-36 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 7-36. Same--Nonresidential structures. Ail new construction and substantial improvements nonresidential structures in the AE zone must either: of (1) Have the lowest floor (including basement) elevated to or above the base flood level shown on the flood insurance rate maps; or, Together with attendant utility and sanitary facilities, be designed so that below the base flood level 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. SECTION 16: That section 7-51 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-51. General development standards. The executive director of public works shall review the following proposals for development in the A, AO, AH, and AE zones: (a) Ail public works construction proposals; (b) All tentative subdivision maps; and, (c) All development proposals referred to him section 7-25; and shall approve, conditionally approve, on his determination of whether the satisfied: (1) pursuant to or disapprove them based following standards are The proposed development must be consistent with the need to minimize flood damage within the A, AO, AH, and AE zones. 7 0 0 0 ,:% ORDINANCE NS-2183 041 PAGE 8 (2) Ail public utilities and facilities, such as sewer, gas, electrical, and water systems must be located and constructed to minimize or eliminate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Within the AH and AO zones, adequate drainage paths around structures oil slopes must be provided to guide floodwaters around and away from proposed structures. SECTION 17: That section 7-52 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 7-52. Base flood elevation data. No tentative or final subdivision map which pertains to a proposed subdivision greater than fifty (50) lots or five (5) acres, whichever is less, in the A, AO, AH, or AE zones shall be approved unless base flood elevation data is included in or with the tentative map. SECTION 18: That section 7-53 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 7-53. Water supply systems. The executive director of public works shall assure that new and replacement water supply systems in the A, AO, AH, and AE zones are designed to minimize or eliminate infiltration of floodwaters into the systems. SECTION 19: That section 7-54 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 7-54. Sewerage systems. The executive director of public works shall assure that new and replacement sanitary sewerage systems in the A, AO, AH,and AE zones are designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. SECTION 20: That section 7-55 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-55. Waste disposal systems. The executive director of public works shall assure that 8 ORDINANCE NS-2183 0~3 PAGE 9 ~ on-site waste disposal systems in the A, AO, AH, and AE zones are located to avoid impairment to them or contamination from them during flooding. SECTION 21: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 22: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 19th day of January 1993. ATTEST: C~l~eo~ ' t~Ycounci~/ D~i~l H'. Young~ / Mayor COUNCILMEMBERS: Young Aye Pulido Absent Lutz Aye Mills Aye M~no Aye Norton Aye Richardson Aye APPROVED AS TO FORM: city Attorney 0 0 044 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~ ~ ~/~ to be the original ordinance pted by the city Council of the City of Santa Ana on ~.~ /F~; and that said ordinance was published in accordance with the Charter of the C~ty of Santa Ana. Clerk of the Council, Date city of Santa Ana NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY. CALIFORNIA ,AND INCORPORATE1) AREAS PANEL 21 OF 81 CONTAINS COMMUNITY NUMBER ?ANAL SUFFIX MAP NUMBER 06059C0021 E EFFECTIVE DATE: SEPTEMBER 15, 1989 Federal Emergency Management Agency 044. i NATIONAL FLOOR INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY, CALIFORNIA AND INCORPORATED AREAS (SEE TABLE SHOWN ABOVE FOR LISTING OF FLOOD PRONE COMMUNITIES) MAP INDEX (STREET INOEX PUBLISHED SEPARATELY) PANELS PRINTED: 1-3, 5-16, 18--23, 26-33, 35-42, 45-51, 54-59, 62-67, 69-76, 78, 79, 81 MAP NUMBER: 06059C0000 EFFECTIVE DATE: SEPTEMBER 15, 1989 Federal Emergency Management Agency o44. NATIONAL FLOOR INSURANCE PROGRAM~ FIRM FLOOD INSURANCE RATE MAP () P, A N G E (.7 () I.! N T Y. CA[.IFORNIA .\ND PANEL 28 OF 81 CONTAINS COMMONt[Y NUMBER PANEL SUFFIX MAP NUMBER 06059C0028 E EFFECTIVE DATE: SEPTEMBER 15,1989 Federal Emergency Management Agency NATIONAL FLOOD INSURANCE PROGRAM~ FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY, CAL1F)RNIA AND INCORPORAT ED AREAS PANEL 22 OF 81 CONTAINS; COMMUNITY NUMBER PANEL SUFFIX MAP NUMBER 06059C0022 E EFFECTIVE DATE: SEPTEMBER 15, 1989 Emergency Management Agency NATIONAL FLOOD INSURANCE FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY. CAI..IFORNIA ,AND INCORPORAT EI) AREAS PANEL 30 OF 81 CONTAINS: COMMUNffY NUMBER ?ANEL SUFFIX MAP NUMBER 06059C0030 E EFFECTIVE DATE: SEPTEMBER 15, 1989 Emergency Management Agency 044.~ NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY, CALIFORNIA ,AND 1NCORPORAT ED AREAS PANEL 29 OF 81 CONTAINS MAP NUMBER 06059C0029 E EFFECTIVE DATE: SEPTEMBER 15, 1989 Federal Emergency Management Agency 044o~ NATIONAL FLOOD INSURANCE PROGRAM~ FIRM FLOOD INSURANCE RATE MAP ORANGE CO tJ NI'Y, CAJ,IFORNIA AND INCORPORAT ED AREAS PANEL 38 OF 81 CONTAINS: COMMUNITY NUM. BE~ ?ANE~L SUFFIX MAP NUMBER 06059C0038 E EFFECTIVE DATE: SEPTEMBER 15, 1989 Emergency Management Agency NATIONAL FLOOD INSURANCE PRO6RAM~ FIRM FLOOD INSURANCE RATE MAP ORAN(]E COt) NTY, CAI.IFORNIA AND INCORPOR,~XT ED AREAS PANEL 37 OF 81 CONTAINS COMMLJNITY NUMBER PANEL SUFFIX MAP NUMBER 06059C0037 E EFFECTIVE DATE: SEPTEMBER 15, 1989 rgency Management Agency NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY, CALIFORNIA AND INCORPORAT ED ,AREAS PANEL 39 OF 81 CUNTAINS: COMMUNITY NUMBER PANEL SUFFIX IRViNE CITY OF ........... 060222. , ,0039 .... E MAP NUMBER 06059C0039 E EFFECTIVE DATE: SEPTEMBER 15,1989 Emergency Management Agency NATIONAL FLOOD INSURANCE PROGRAM~ FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY, CALIFORNIA AND INCORPORATED AREAS STREET INDEX Sheet 1 of 3 MAP NUMBER: 06059C8881 EFFECTIVE DATE: SEPTEMBER 15,1989 Emergency Management Agency ~l' N'ATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY, CALIFORNIA AND INCORPORATED AREAS STREET INDEX Sheer 3 of 3 MAP NUMBER: 06059C8883 EFFECTIVE DATE: SEPTEMBER 15, 1989 Federal Emergency Management Agency~ NATIOMAL FLOOD INSURANCE PROGRAM"~ FIRM FLOOD INSURANCE RATE MAP ORANGE COUNTY, CALIFORNIA AND INCORPORATED AREAS STREET INDEX Sheet 2 of 3 MAP NUMBER: 06059C8882 EFFECTIVE DATE: SEPTEMBER 15, 1989 Federal Emergency Management Agency