Ordinance No. 1112ORDINANCE NO. 1112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING PROVISIONS OF THE CYPRESS
MUNICIPAL CODE RELATING TO THE FLOODPLAIN
MANAGEMENT PLAN.
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NOW THEREFORE, the CITY COUNCIL of the CITY OF CYPRESS DOES
HEREBY ORDAIN as follows:
Section 1. Article X, Section 5, of the Municipal Code of the City of Cypress to
be amended to read as follows:
"Section 5 -59. Short title. This article of the Code of the City of Cypress
may be referred to as the "Floodplain Management Ordinance" of the City
of Cypress.
Section 5 -60. Statutory Authorization. The Legislature of the State of
California has in Government Code §§ 65302, 65560, and 65800
conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the City of Cypress of Orange County, California,
does hereby adopt the following floodplain management regulations.
Section 5 -61. Findings of fact. The flood hazard areas of the City of
Cypress may potentially be subject to 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.
These potential 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 contributes to flood losses.
Section 5 -62. Statement of Purpose. 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
legally enforceable regulations applied uniformly throughout the
community to all publicly and privately owned land within flood prone,
mudslide [i.e. mudflow] or flood related erosion areas. These regulations
are designed to:
Protect human life and health;
Minimize expenditure of public money for costly flood control
projects;
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
Minimize prolonged business interruptions;
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;
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;
Ensure that potential buyers are notified that property is in an area
of special flood hazard; and
Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
Section 5 -63. Methods of Reducing Flood Losses. In order to accomplish
its purposes, this ordinance includes regulations to:
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;
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel
floodwaters;
Control filling, grading, dredging, and other development which may
increase flood damage; and
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
in other areas.
Section 5 -64. Definitions. Unless specifically defined below, words or
phrases used in this ordinance shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its most
reasonable application.
A zone. See "Special flood hazard area ".
Accessory structure means a structure that is either:
Solely for the parking of no more than 2 cars; or
A small, low cost shed for limited storage, less than 150
square feet and $1,500 in value.
Accessory use means a use which is incidental and subordinate to
the principal use of the parcel of land on which it is located.
Appeal means a request for a review of the Floodplain
Administrator's interpretation of any provision of this ordinance.
Area of shallow flooding means a designated AO or AH Zone on
the Flood Insurance Rate Map (FIRM). The base flood depths
range from one to three feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
Area of special flood hazard. See "Special flood hazard area."
Base flood means a flood which has a 1 percent chance of being
equaled or exceeded in any given year (also called the "100 -year
flood "). Base flood is the term used throughout this ordinance.
Base flood elevation (BFE) means the elevation shown on the
Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-
V30 that indicates the water surface elevation resulting from a flood
that has a 1 percent or greater chance of being equaled or
exceeded in any given year.
Basement means any area of the building having its floor subgrade
- i.e., below ground level - on all sides.
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Building. See "Structure ".
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Development means any man -made change to improved or
unimproved real estate, including but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or
materials.
Encroachment means the advance or infringement of uses, plant
growth, fill, excavation, buildings, permanent structures or
development into a floodplain, which may impede or alter the flow
capacity of a floodplain.
Existing manufactured home park or subdivision means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots, on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads), was completed before June 9, 1997.
Expansion to an existing manufactured home park or subdivision
means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads).
Flood, flooding, or flood water means:
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of
inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source; and /or mudslides
(i.e., mudflows); and
The condition resulting from flood - related erosion.
Flood Boundary and Floodway Map (FBFM) means the official map
on which the Federal Emergency Management Agency or Federal
Insurance Administration has delineated both the areas of special
flood hazards and the floodway.
Flood Insurance Rate Map (FIRM) means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
Flood Insurance Study means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
Flood Insurance Rate Map, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
Floodplain or flood -prone area means any land area susceptible to
being inundated by water from any source. See "Flooding."
Floodplain administrator is the community official designated by title
to administer and enforce the floodplain management regulations.
Floodplain management means the operation of an overall program
of corrective and preventive measures for reducing flood damage
and preserving and enhancing, where possible, natural resources
in the floodplain, including but not limited to, emergency
preparedness plans, flood control works, floodplain management
regulations, and open space plans.
Floodplain management regulations means this ordinance and
other zoning ordinances, subdivision regulations, building codes,
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health regulations, special purpose ordinances (such as grading
and erosion control) and other application of police power which
control development in flood -prone areas. This term describes
federal, state, or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and
damage.
Flood proofing means any combination of structural and
nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures, and their
contents. For guidelines on dry and wet flood proofing, see FEMA
Technical Bulletins TB 1 -93, TB 3 -93, and TB 7 -93.
Floodway means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface
elevation more than one foot. Also referred to as "Regulatory
Floodway."
Floodway fringe is that area of the floodplain on either side of the
"Regulatory Floodway" where encroachment may be permitted.
Fraud and victimization as related to Section 5 -68 of this ordinance
means that the variance granted must not cause fraud on or
victimization of the public. In examining this requirement, the City
of Cypress will consider the fact that every newly constructed
building adds to government responsibilities and remains a part of
the community for fifty to one - hundred years. Buildings that are
permitted to be constructed below the base flood elevation are
subject during all those years to increased risk of damage from
floods, while future owners of the property and the community as a
whole are subject to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition,
future owners may purchase the property, unaware that it is subject
to potential flood damage, and can be insured only at very high
flood insurance rates.
Functionally dependent use means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, and does
not include long -term storage or related manufacturing facilities.
Governing body is the local governing unit, i.e. county or
municipality, that is empowered to adopt and implement regulations
to provide for the public health, safety, and general welfare of its
citizenry.
Hardship as related to Section 5 -68 of this ordinance means the
exceptional hardship that would result from a failure to grant the
requested variance. The City of Cypress requires that the variance
be exceptional, unusual, and peculiar to the property involved.
Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of
these problems can be resolved through other means without
granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to
a different use than originally intended.
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Highest adjacent grade means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
Historic structure means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the
National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered
historic district;
Individually listed on a state inventory of historic places in
states with historic preservation programs which have been
approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in
communities with historic preservation programs that have
been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved
programs.
Levee means a man -made structure, usually an earthen
embankment, designed and constructed in accordance with sound
engineering practices to contain, control, or divert the flow of water
so as to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and
drainage devices, which are constructed and operated in accord
with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area,
including basement (see "Basement" definition).
An unfinished or flood resistant enclosure below the lowest floor
that is usable solely for parking of vehicles, building access or
storage in an area other than a basement area, is not considered a
building's lowest floor provided it conforms to applicable non -
elevation design requirements, include, but not limited to:
The flood openings standard in Section 5 -67.1;
The anchoring standards in Section 5 -67.1;
The construction materials and methods standards in
Section 5 -67.1; and
The standards for utilities in Section 5 -67.2.
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see
"Basement" definition). This prohibition includes below -grade
garages and storage areas.
Manufactured home means a structure, transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home"
does not include a "recreational vehicle ".
Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
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Market value is defined in the City of Cypress "Development of
Substantial Improvement and Substantial Damage Procedures ".
See Section 5 -66.2.
Mean sea level means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD)
of 1929, North American Vertical Datum (NAVD) of 1988, or other
datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
New construction, for floodplain management purposes, means
structures for which the "start of construction" commenced on or
after June 9, 1997, and includes any subsequent improvements to
such structures.
New manufactured home park or subdivision means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after June 9, 1997.
Obstruction includes, but is not limited to, any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation,
channelization, bridge, conduit, culvert, building, wire, fence, rock,
gravel, refuse, fill, structure, vegetation or other material in, along,
across or projecting into any watercourse which may alter, impede,
retard or change the direction and /or velocity of the flow of water, or
due to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
One - hundred -year flood or 100 -year flood. See "Base flood."
Program deficiency means a defect in a community's floodplain
management regulations or administrative procedures that impairs
effective implementation of those floodplain management
regulations.
Public safety and nuisance as related to Section 5 -68 of this
ordinance, means that the granting of a variance must not result in
anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of
persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
Recreational vehicle means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest
horizontal projection;
Designed to be self - propelled or permanently towable by a
light -duty truck; and
Designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping, travel,
or seasonal use.
Regulatory floodway means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
Remedy a violation means to bring the structure or other
development into compliance with State or local floodplain
management regulations, or if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced
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include protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar violations, or
reducing State or Federal financial exposure with regard to the
structure or other development.
Riverine means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
Sheet flow area. See "Area of shallow flooding."
Special flood hazard area (SFHA) means an area in the floodplain
subject to a 1 percent or greater chance of flooding in any given
year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30,
AE, A99, or, AH.
Start of construction includes substantial improvement and other
proposed new development and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The
actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and /or walkways; nor
does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Structure means a walled and roofed building that is principally
above ground; this includes a gas or liquid storage tank or a
manufactured home.
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure
before the "start of construction" of the improvement. This term
includes structures which have incurred "substantial damage ",
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations or state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary
to assure safe living conditions; or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued
designation as a "historic structure."
Variance means a grant of relief from the requirements of this
ordinance which permits construction in a manner that would
otherwise be prohibited by this ordinance.
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Violation means the failure of a structure or other development to
be fully compliant with this ordinance. A structure or other
development without the elevation certificate, other certifications, or
other evidence of compliance required in this ordinance is
presumed to be in violation, until such time as that documentation
is provided.
Water surface elevation means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
Watercourse means a lake, river, creek, stream, wash, arroyo,
channel or other topographic feature on or over which waters flow
at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
Section 5 -65. General provisions.
Section 5 -65.1. Lands to which this ordinance applies. This ordinance
shall apply to all areas of special flood hazards within the jurisdiction of the
City of Cypress.
Section 5 -65.2. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency (FEMA) in the "Flood Insurance Study (FIS) dated
December 3, 2009, with accompanying Flood Insurance Rate Maps
(FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated
December 3, 2009, 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 of Cypress by the Floodplain Administrator. The study, FIRM's and
FBFM's are on file with the Public Works Department.
Section 5 -65.3. Compliance.
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) shall constitute a misdemeanor.
Nothing herein shall prevent the City of Cypress from taking such lawful
action as is necessary to prevent or remedy any violation.
Section 5 -65.4. Abrogation and greater restrictions.
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.
Section 5 -65.5. Interpretation. In the interpretation and application of
this ordinance, all provisions shall be:
Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under
state statutes.
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Section 5 -65.6. Warning and disclaimer of liability.
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 man -made 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
Cypress, any officer or employee thereof, the State of California, or the
Federal Emergency Management Agency, for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully made
hereunder.
Section 5 -66. Administration.
Section 5 -66.1. Designation of the floodplain administrator. The Director
of Public Works or his /her designee is hereby appointed to administer,
implement, and enforce this ordinance by granting or denying
development permits in accord with its provisions.
Section 5 -66.2. Duties and responsibilities of the Floodplain
Administrator.
The duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to the following:
Permit Review.
Review all development permits to determine:
Permit requirements of this ordinance have been satisfied,
including determination of substantial improvement and substantial
damage of existing structures;
All other required State and Federal permits have been obtained;
The site is reasonably safe from flooding;
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. This means
that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more
than 1 foot at any point within the City of Cypress; and
All Letters of Map Revision (LOMR's) for flood control projects are
approved prior to the issuance of building permits. Building Permits
must not be issued based on Conditional Letters of Map Revision
(CLOMR's). Approved CLOMR's allow construction of the
proposed flood control project and land preparation as specified in
the "start of construction" definition.
Development of Substantial Improvement and Substantial Damage
Procedures.
Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," develop detailed procedures for
identifying and administering requirements for substantial
improvement and substantial damage, to include defining "Market
Value."
Assure procedures are coordinated with other
departments /divisions and implemented by community staff.
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Review, Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in
accordance with Section 5 -65.2, 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 -67.
NOTE: A base flood elevation may be obtained using one of two
methods from the FEMA publication, FEMA 265, "Managing
Floodplain Development in Approximate Zone A Areas — A Guide
for Obtaining and Developing Base (100 -year) Flood Elevations"
dated July 1995.
Notification of Other Agencies.
Alteration or relocation of a watercourse:
Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
Submit evidence of such notification to the Federal Emergency
Management Agency; and
Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
Base Flood Elevation changes due to physical alterations:
Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator shall
submit or assure that the permit applicant submits technical or
scientific data to FEMA for a Letter of Map Revision (LOMR).
All LOMR's for flood control projects are approved prior to the
issuance of building permits. Building Permits must not be issued
based on Conditional Letters of Map Revision (CLOMR's).
Approved CLOMR's allow construction of the proposed flood
control project and land preparation as specified in the "start of
construction" definition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates
and floodplain management requirements are based on current
data.
Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have
been modified by annexation or other means and include a copy of
a map of the community clearly delineating the new corporate
limits.
Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as
needed the following:
Certification required by Section 5 -67.1 and Section 5 -67.4 (lowest
floor elevations);
Certification required by Section 5 -67.1 (elevation or floodproofing
of nonresidential structures);
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Certification required by Section 5 -67.1 (wet floodproofing
standard);
Certification of elevation required by Section 5 -67.3 (subdivisions
and other proposed development standards);
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 Emergency Management Agency.
Map Determination.
Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazard, 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 -66.4.
Remedial Action.
Take action to remedy violations of this ordinance as specified in
Section 5 -65.3.
Biennial Report.
Complete and submit Biennial Report to FEMA.
Planning.
Assure community's General Plan is consistent with floodplain
management objectives herein.
Section 5 -66.3. Development Permit. A development permit shall be
obtained before any construction or other development, including
manufactured homes, within any area of special flood hazard established
in Section 5 -65.2. Application for a development permit shall be made on
forms furnished by the City of Cypress. The applicant shall provide the
following minimum information:
Plans in duplicate, drawn to scale, showing:
Location, dimensions, and elevation of the area in question,
existing or proposed structures, storage of materials and
equipment and their location;
Proposed locations of water supply, sanitary sewer, and
other utilities;
Grading information showing existing and proposed
contours, any proposed fill, and drainage facilities;
Location of the regulatory floodway when applicable;
Base flood elevation information as specified in Section 5-
65.2 or Section 5 -66;
Proposed elevation in relation to mean sea level of the
lowest floor (including basement) of all structures; and
Proposed elevation in relation to mean sea level to which
any nonresidential structure will be floodproofed, as required
in Section 5 -67.1 of this ordinance and detailed in FEMA
Technical Bulletin TB 3 -93.
Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria
in Section 5 -67.1.
For a crawl -space foundation, location and total net area of
foundation openings as required in Section 5 -67.1 of this ordinance
and detailed in FEMA Technical Bulletins 1 -93 and 7 -93.
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Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
All appropriate certifications listed in Section 5 -66.2 of this
ordinance.
Section 5 -66.4. Appeals. The City Council 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.
Section 5 -67. Provisions for flood hazard reduction.
Section 5 -67.1. Standards of Construction. In all areas of special flood
hazards the following standards are required:
Anchoring. All new construction and substantial improvements of
structures, including manufactured homes, 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.
Construction Materials and Methods. All new construction and
substantial improvements of structures, including manufactured
homes, shall be constructed:
With flood resistant materials, and utility equipment resistant
to flood damage for areas below the base flood elevation;
Using methods and practices that minimize flood
damage;
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
Within Zones AH or AO, so that there are adequate drainage
paths around structures on slopes to guide flood waters
around and away from proposed structures.
Elevation and Floodproofing.
Residential construction. All new construction or substantial
improvements of residential structures shall have the lowest floor,
including basement:
In AE, AH, A1-30 Zones, elevated to or above the base flood
elevation.
In an AO Zone, elevated above the highest adjacent grade
to a height equal to or exceeding the depth number specified
in feet on the FIRM, or elevated at least 2 feet above the
highest adjacent grade if no depth number is specified.
In an A Zone, without BFE's specified on the FIRM
[unnumbered A Zone], elevated to or above the base flood
elevation; as determined under Section 5 -66.2
Upon the completion of the structure, the elevation of the
lowest floor, including basement, shall be certified by a
registered civil engineer or licensed land surveyor, and
verified by the community building inspector to be properly
elevated. Such certification and verification shall be
provided to the Floodplain Administrator.
Nonresidential construction. All new construction or
substantial improvements of nonresidential structures shall either
be elevated to conform with this Section or:
Be floodproofed, together with attendant utility and sanitary
facilities, below the elevation recommended under this
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Section, so that the structure is watertight with walls
substantially impermeable to the passage of water;
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
Be ceri<ified by a registered civil engineer or architect that the
standards of this Section is satisfied. Such certification shall
be provided to the Floodplain Administrator.
Flood openings. All new construction and substantial
improvements of structures 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
meet the following minimum criteria:
For non - engineered openings:
Have a minimum of two openings on different sides
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;
and
Buildings with more than one enclosed area must
have openings on exterior walls for each area to allow
flood water to directly enter; or
Be certified by a registered civil engineer or architect.
Manufactured homes. See Section 5 -67.4.
Garages and low cost accessory structures.
Attached garages.
A garage attached to a residential structure, constructed with the
garage floor slab below the BFE, must be designed to allow for the
automatic entry of flood waters. See this Section. Areas of the
garage below the BFE must be constructed with flood resistant
materials. See this Section.
A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on below
grade parking areas, see FEMA Technical Bulletin TB -6.
Detached garages and accessory structures.
"Accessory structures" used solely for parking (2 car detached
garages or smaller) or limited storage (small, low -cost sheds), as
defined in Section 5 -64, may be constructed such that its floor is
below the base flood elevation (BFE), provided the structure is
designed and constructed in accordance with the following
requirements:
Use of the accessory structure must be limited to parking or
limited storage;
The portions of the accessory structure located below the
BFE must be built using flood- resistant materials;
The accessory structure must be adequately anchored to
prevent flotation, collapse, and lateral movement;
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Any mechanical and utility equipment in the accessory
structure must be elevated or floodproofed to or above the
BFE;
The accessory structure must be designed to allow for the
automatic entry of flood waters in accordance with this
Section.
Detached garages and accessory structures not meeting the
above standards must be constructed in accordance with all
applicable standards in this Section.
Section 5 -67.2. Standards for utilities. All new and replacement water
supply and sanitary sewage systems shall be designed to minimize or
eliminate:
Infiltration of flood waters into the systems; and
Discharge from the systems into flood waters.
On -site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
Section 5 -67.3. Standards for subdivisions and other proposed
development.
All new subdivisions proposals and other proposed development,
including proposals for manufactured home parks and subdivisions,
greater than 50 lots or 5 acres, whichever is the lesser, shall:
Identify the Special Flood Hazard Areas (SFHA) and Base Flood
Elevations (BFE).
Identify the elevations of lowest floors of all proposed structures
and pads on the final plans.
If the site is filled above the base flood elevation, the following as-
built information for each structure shall be certified by a registered
civil engineer or licensed land surveyor and provided as part of an
application for a Letter of Map Revision based on Fill (LOMR -F) to
the Floodplain Administrator:
Lowest floor elevation.
Pad elevation.
Lowest adjacent grade.
All subdivision proposals and other proposed development
shall be consistent with the need to minimize flood damage.
All subdivision proposals and other proposed development
shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to
minimize flood damage.
All subdivisions and other proposed development shall
provide adequate drainage to reduce exposure to flood
hazards.
Section 5 -67.4. Standards for manufactured homes. All manufactured
homes that are placed or substantially improved, 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 upon which a manufactured home has incurred
"substantial damage" as the result of a flood, shall:
Within Zones A1-30, AH, and AE on the community's Flood Insurance
Rate Map, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
All manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones A1-30,
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AH, and AE on the community's Flood Insurance Rate Map that are not
subject to the provisions of Section 5 -67.4 will be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement, and be elevated so that either the:
Lowest floor of the manufactured home is at or above the base
flood elevation; or
Manufactured home 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.
Section 5 -68. Variance procedure.
Section 5 -68.1. Nature of variances.
The issuance of a variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial
risk and will not be modified by the granting of a variance.
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.
It is the duty of the City of Cypress 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 flood 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.
Section 5 -68.2. Conditions for variances.
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 Sections 5 -66 and 5 -67 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.
Variances may be issued for the repair or rehabilitation of "historic
structures" (as defined in Section 5 -64 of this ordinance) upon a
determination that the proposed repair or rehabilitation will not preclude
the structure's continued designation as an historic structure and the
variance is the minimum necessary to preserve the historic character and
design of the structure.
Variances shall not be issued within any mapped regulatory floodway if
any increase in flood levels during the base flood discharge would result.
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 City of Cypress
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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 City of Cypress believes will both provide relief and preserve the
integrity of the local ordinance.
Any applicant to whom a variance is granted shall be given written notice
over the signature of a community official that:
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
such construction below the base flood level increases risks to life
and property. It is recommended that 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.
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 Emergency Management
Agency.
Section 5 -68.3. Appeal Board. In passing upon requests for variances,
the City of Cypress shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance, and the:
Danger that materials may be swept onto other lands to the injury
of others;
Danger of life and property due to flooding or erosion damage;
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;
Importance of the services provided by the proposed facility to the
community;
Necessity to the facility of a waterfront location, where applicable;
Availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
Compatibility of the proposed use with existing and anticipated
development;
Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
Safety of access to the property in time of flood for ordinary and
emergency vehicles;
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
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.
Variances shall only be issued upon a:
Showing of good and sufficient cause;
Determination that failure to grant the variance would result in
exceptional "hardship" to the applicant; and
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 (see "Public safety
and nuisance "), cause "fraud and victimization" of the public, or
conflict with existing local laws or ordinances.
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 this Section 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.
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Upon consideration of the factors of Section 5 -68.2 and the purposes of
this ordinance, the City of Cypress may attach such conditions to the
granting of variances as it deems necessary to further the purposes of this
ordinance.
Section 2. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
ordinance, or the application thereof to any person or place, 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 or its
application to other persons or places. The City Council hereby declares that it would
have adopted this ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions, or the application
thereof to any person or place, be declared to be invalid or unconstitutional.
FIRST READ at a regular meeting of the City Council of the City of Cypress held
on the 26th day of October, 2009, and finally adopted and ordered posted at a regular
meeting held on the 9th day of November, 2009.
ATTEST:
two° ,tct y
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
97-OF Y OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the 9th day of November, 2009, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
A-114.0�
CITY CLERK OF THE CITY OF CYPRESS
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