A. Purpose and Intent. The Flood Plain overlay districts (FP-1 and FP-2) are intended to be applied to those areas of the City which, under present conditions, are subject to periodic flooding and the hazards associated with flooding. The objectives of the flood plain districts shall be:
1. To prevent loss of life and property and to minimize economic loss caused by flood flows;
2. To establish criteria for land management and use in flood prone areas consistent with criteria promulgated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners;
3. To prohibit encroachments, new construction, or other improvements or development that would obstruct the flow of floodwaters within a regulatory floodway; and
4. To regulate and control uses below the elevation of the design flood flow with the remainder of the flood plain.
B. Application. The FP-1 or FP-2 overlay shall be applied as follows:
1. Regulatory floodways shall be designated FP-1.
2. Floodway fringe areas, mudslide prone areas and other areas determined to be areas of special flood hazard or flood plain areas, as determined by the City Engineer, shall be designated FP-1 or FP-2.
C. Mapping of Flood Areas Required. All floodway, flood plain, flood hazard areas, regulatory floodway, and floodway fringe areas shall be identified, mapped, and so designated. Mapping may be done by the County of Orange, the Federal Insurance Administration or the Department of Public Works.
1. Identification and mapping shall be based upon the design flood as determined by engineering studies satisfactory to the City Engineer and approved by City Council.
2. In areas where the floodways or flood plains are mapped by the County of Orange, the Federal Insurance Administration or the Department of Public Works, the regulatory requirements shall apply to the mapped area having the outermost boundaries.
D. Development Standards. The establishment, operation, and maintenance of all uses permitted by Section
17.28.040 shall comply with the following development standards:
1. Structural Floodproofing for Nonresidential Structures. Structural floodproofing as permitted herein shall be in accordance with the Uniform Building Code. A civil engineer or architect registered in the State of California shall certify that the floodproofing methods are adequate to with-stand the flood depths, velocities, hydrostatic and hydrodynamic loads, and effects of buoyancy and other factors associated with the design flood.
2. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters.
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
d. Utilities shall be designed to resist destruction from flood scour and the hydrostatic and hydrodynamic loads and effects of buoyancy.
E. Required Procedures for Building in FP Overlay. The establishment, operation and maintenance of all uses permitted by Section
17.13.030 shall be in compliance with the following procedures:
1. The Community Development Department shall review projects proposed in the FP overlay districts to determine that all necessary permits and certificates have been obtained. It shall make recommendations concerning use permit applications prior to hearing and approval by the Planning Commission to assure compliance with the requirements of this chapter. It shall maintain for public inspection all records pertaining to the provisions of that section.
2. All development, subdivision, structure and substantial improvement proposals shall include submittal of detailed drainage studies and plans indicating how site grading in conjunction with any necessary drainage conveyance systems—including applicable swales, water course courses, channels, street flows, catch basins, storm drains and flood water retarding—will provide building pads and/or lowest floor elevations that are safe from flood flows expected from floods up to and including the design flood. The grading plan shall include identified on-site finished grade and "design flood" elevations, both related to mean sea level. Structural plans submitted for building permits shall show the first floor elevation of such structures as related to mean sea level. Said plans and elevation information shall be maintained on file by the Public Works Department for flood insurance reference purposes.
3. The Public Works Department shall notify adjacent communities prior to any alteration or relocation of a watercourse having an effect on the flood hazard areas shown on the F.I.R.M. and shall submit evidence of such notification to the Federal Insurance Administration.
The Department shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
4. No uses shall be approved unless the following findings are made:
a. The development will not provide a significant risk to human life in the event of the design flood.
b. The development is designed and sited so as to offer minimal obstruction to the flow of flood-water.
c. The development will not create a potential hazard or otherwise adversely affect property because of diversions, increased heights, or velocities of flood waters or because of increased debris, or otherwise affect the safety, use, or stability of any public way, drainage channel, or adjacent property during a flood condition.
F. FP Nonconforming Uses. Any use lawfully existing on any premises that is made nonconforming by the application of the FP district or by any amendment of the FP district regulations shall be subject to the requirements provided in Section
17.38.030. Within the areas designated as FP-1, the following exceptions shall apply:
1. All nonconforming structures within the area designated as FP-1 "Floodway" district on the effective date of application of the FP-1 district or any amendment of the FP-1 district regulations shall be removed subject to the following: If the useful life of the structure has not expired by a date five years after the effective date of the application of the FP-1 zone, the life of the structure shall be considered to have expired automatically, and said structure shall be removed.
2. Any enlargement, expansion, change in use, or substantial improvements of nonconforming structures shall be prohibited.
3. Any owner of a use or structure made nonconforming by the application of the FP-1 district may request the Planning Commission to grant an extension of time. The Planning Commission may grant an extension of time beyond the five-year period.
G. Technical Adjustments. This section establishes procedures for making certain technical adjustments to flood mapping. Such adjustments may be necessary when either: (1) property has been inadvertently included in an FP zone due to the erroneous transportation of the curvilinear flood boundary line to the land topography that is readily identifiable for exclusion by reason of the existing physical features of the property; or (2) flood protective or flood control work adequate to protect against the design flood has been completed.
1. Procedure for Correcting Mapping Deficiencies Unrelated to Communitywide Elevation Determinations. Mapping deficiencies caused by inadvertent inclusion of the property in the FP zone or a physical alteration to surrounding property which affects the base flood level may be corrected without necessitating a zone change if the following requirements are met, as determined by the Planning Commission:
a. Inadvertent Inclusion. Review of the topographical map showing ground elevation contours on the entire building site area confirms that the property is not within the FP zone; or
b. Completion of Flood Protection/Control Work. Evidence confirms that subsequent stream, channel, storm drain, or landfill improvements fully offset flood water surface elevations so as to meet standards established by the Federal Insurance Agency. This shall require that:
i. Completion of work be certified by the City Engineer; and
ii. If the area is included in the City's Flood Insurance Rate Map, flood protection/control measures must be approved by the Federal Insurance Administration and the area removed from the F.I.R.M. and flood boundary and floodway maps.
2. Appeals. Appeal of any determinations made by the Planning Commission under this section will be to the City Council.
(Prior code 17.58.010, 17.58.020, 17.58.030, 17.58.040(3), 17.58.050, 17.58.070, 17.58.080, 17.58.080, 17.58.090, 17.58.100, 17.58.110, 17.58.120(A), 17.59.030, 17.59.070, 17.59.080, 17.59.090, 17.59.100, 17.59.110, 17.59.120; Ord. 61-80; Ord. 20-82; Ord. 4-87; Ord. 12-95; Ord. 13-18, 2018)