Ordinance No. 968ORDINANCE NO. 968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A FLOODPLAIN MANAGEMENT ORDINANCE IN ACCORDANCE
WITH THE REGULATIONS ESTABLISHED BY THE NATIONAL FLOOD
INSURANCE PROGRAM
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Intent.
The City Council finds and determines as follows:
A. The flood hazard areas of Cypress are subject to periodic inundation which may
result in health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare.
B. These flood losses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage.
SECTION 2. Chapter 5 of the Code of the City of Cypress is hereby amended by
adding a new Article X within the Chapter and to read as follows:
"Article X
Floodplain Management
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. Purpose.
This Article is intended to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
A. protect human life and health;
B. minimize expenditure of public money for costly flood control projects;
C. minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. minimize prolonged business interruptions;
E. 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;
F. 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;
G. ensure that potential buyers are notified that property is in an area of special flood
hazard; and
H. ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Section 5 -61. Definitions.
As used in this Article, the following words and terms shall have the following meanings,
unless another meaning is plainly intended:
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance.
"Area of special flood hazard" - See "Special flood hazard area. "
"Base flood" means a flood which has a one percent chance of being equalled or exceeded in any
given year (also called the "100 year flood".) Base flood is the term used throughout this
ordinance.
"Basement" means any area of the building having its floor below ground level on all sides.
"Building" - see "Structure ".
"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.
"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.
"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 Hazard Boundary Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated the areas of flood
hazards.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both 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 individual appointed 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, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power which control development in
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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.
"Floodproofmg" 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.
"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.
"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.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"Basement" definition).
"Mean sea level" means for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 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 the effective date of floodplain management regulations
adopted by this community, and includes any subsequent improvements to such structures.
"One- hundred -year flood" or "100-year flood" - see "Base flood."
"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 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.
"Special flood hazard area (SFHA)" means an area having special flood, hazards, and shown on
an FHBM or FIRM, as Zone A.
"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 improvement" means any reconstruction, rehabilitation, addition, or other proposed
new development 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:
1. 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
2. any alteration of a "historic structure ", provided that the alteration will not
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preclude the structure's continued designation as a "historic structure".
"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, (or other datum, where specified) 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 -62. Applicability of Regulations.
This Article shall apply to all areas of special flood hazards within the jurisdiction of
Cypress.
Section 5 -63. Special Flood Areas Established.
The areas of special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
(FIS) dated November 3, 1993, and accompanying Flood Insurance Rate Maps (FIRMs) and
Flood Boundary and Floodway Maps (FBFMs), dated September 15, 1989, 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 Cypress by the Floodplain Administrator. The
study, FIRMs and FBFMs are on file at Department of Public Works.
Section 5 -64. Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the term of this ordinance and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the
City of Cypress from taking such lawful action as is necessary to prevent or remedy any
violation.
Section 5 -65. 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 -66. Interpretation.
In the interpretation and application of this ordinance, all provisions shall be;
A. considered as minimum requirements;
B. liberally construed in favor of the governing body; and
C. deemed neither to limit nor repeal any other powers granted under state
statutes.
Section 5 -67. 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
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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 Cypress, any officer or employee thereof, the State of
California, or the Federal Insurance Administration, Federal Emergency Management Agency,
for any flood damages that result from reliance on this ordinance or any administrative decision
lawfully made hereunder.
Section 5 -68. Designation of Floodplain Administrator.
The Director of Public Works is hereby appointed to administer, implement, and enforce
this ordinance.
Section 5 -69. Duties same.
The duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to the following:
A. Permit Review. Review all development permits to determine that
1. requirements of this ordinance have been satisfied,
2. all other required state and federal permits have been obtained,
B. Map Determinations. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazard, for
example, where there appears to be a conflict between a mapped boundary
and actual field conditions. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 6.
C. Remedial Action. Take action to remedy violations of this ordinance as
specified in Section 3.3.
Section 5 -70. Appeals.
The City Council shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination make by the Floodplain Administrator in the enforcement
or administration of this ordinance.
Section 5 -71. Standards of Construction.
In all areas of special flood hazards the following standards are required.
A. Anchoring
1. All new construction and substantial improvements 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.
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed
1. with materials and utility equipment resistant to flood damage;
2. using methods and practices that minimize flood damage;
3. with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and /or
located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
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C. Elevation and floodproofing.
1. Residential construction, new or substantial improvement, shall
have the lowest floor, including basement,
a. in an A zone, elevated to at least one foot above the base
flood elevation.
b. in all other zones, elevated to at least one foot above the
base flood elevation.
Upon completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional
engineer or surveyor, and verified by the community building
inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction, new or substantial improvement, shall
be elevated to conform with Section 5.1 C.1.
Section 5 -72. Standards for Utilities.
A. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
1. infiltration of flood waters into the systems, and
2. discharge from the systems into flood waters.
B. On -site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
Section 5 -73. Standards for Subdivisions.
A. All preliminary subdivision proposals shall identify the flood hazard area
and the elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed
structure(s) and pad(s). If the site is filled above the base flood
elevation, the lowest floor and pad elevations 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.
SECTION 3. Liberal Construction.
The provisions of this Ordinance are hereby found and declared to be in furtherance of
public health, safety, welfare, and convenience, and they shall be liberally construed to
effectively carry out its purposes.
SECTION 4. Repealer.
All Ordinances, Code Sections, or parts thereof in conflict herewith shall be and the same
are hereby repealed to the extent of such conflict.
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SECTION 5. Severability.
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If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason to be held 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 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 thereof be declared invalid or unconstitutional.
SECTION 6. The City Clerk is hereby authorized and directed to certify as to the
passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be
posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of the City of Cypress held on the
27th day of May , 1997, and finally adopted and ordered posted at a regular meeting
held on the 9th day of June , 1997.
ATTEST:
CI LERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
MAYOR OF THE CITY OF CYPRESS
I, LILLIAN HAINA, 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 June , 1997, by the following roll call vote.
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
9L o-,•- Ot1 .
CITY CLERK OF THE CITY OF CYPRESS