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PC R 12-2168 __ . . __ __ �" � f ( f@ E f � i 'i RESOLUTION NO. 2168 � � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF � ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN � ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT NO. � 12-004; AMENDING TITLE 16 REGARDING REGULATIONS FOR E FLOODPLAIN MANAGEMENT; CITYWIDE � WHEREAS, the City of Arroyo Grande ("City") participates in the National Flood � Insurance Program ("NFIP") pursuant to the National Flood Insurance Act of 1968 (the � "Act"); and I ! WHEREAS, the Department of Homeland Security's Federal Emergency Management E Agency ("FEMA") has prepared a Flood Insurance Study ("FIS") and has issued a Flood = Insurance Rate Map ("FIRM") identifying the Special Flood Hazard Areas ("SFHAs") � which are located within the City; and � WHEREAS, as a condition of continued eligibility in the NFIP, the City is required to � have floodplain management regulations which meet or exceed the standards of Code � of Federal Regulations, Title 44, Section 60.3(d); and � , WHEREAS, on May 11, 2012, FEMA issued its review of the City's Municipal Code regarding compliance with current Federal standards for storm water management; and � ; � WHEREAS, in order for the City to remain eligible for the NFIP, certain amendments to � the City's Municipal Code are required; and mendment � WHEREAS, the Planning Commission has considered Development Code A t 12-004 at a duly noticed public hearing on August 21, 2012; and s � � � WHEREAS, the Planning Commission finds, after due study, deliberation and public `' hearing, that the proposed Ordinance will further promote the health, safety and welfare of the community by ensuring continued eligibility in the NFIP. � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of � Arroyo Grande hereby recommends the City Council adopt an Ordinance approving � Development Code Amendment No. 12-004, amending Title 16 of the Arroyo Graride `' Municipal Code as attached hereto as Exhibit `A' and incorporated herein by this � reference. � i F F � k€ I � � � � i _ __ _. ___ . . . . . ___ . ____. f RESOLUTION NO. 2168 � AUGUST 21, 2012 PAG E 2 On a motion b Commissioner Ruth seconded b Commissioner Barneich and by the � Y � Y following roll call vote to wit: AYES: Ruth, Barneich, Martin, Sperow NOES: None � ABSENT: Keen � the foregoing Resolution was adopted this 21St day of August 2012. ATTEST: ` ' M �.�f�=�`��"�"��?� /��'�`-�� DEBBIE WEICHINGE ELIZABETH S. RUTH, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: ( � - c �� TE ESA Mc LISH ECTOR OF COMMUNITY DEVELOPMENT I � � � � _ ,� I i Exhibit "A" j 3 I i ; i � ORDINANCE NO. ; i 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ! � OF ARROYO GRANDE AMENDING SECTIONS 16.04.070 � AND 16.44.050 OF THE ARROYO GRANDE MUNICIPAL, CODE REGARDING FLOODPLAIN MANAGEMENT ; I i 1 � WHEREAS, the City of Arroyo Grande ("City") participates in the National Flood Insurance Program ("NFIP") pursuant to the National Flood Insurance Act of 1968 (the � "Act"); and � � WHEREAS, the Department of Homeland Security's Federal Emergency Management � Agency ("FEMA") has prepared a Flood Insurance Study ("FIS") and has issued a Fload � Insurance .Rate Map ("FIRM") identifying the Special Flood Hazard Areas ("SFHAs") � which are located within the City; � WHEREAS, as a condition of continued eligibility in the NFIP, the City is required ta � have flaodplain management regulations which meet or exceed the standards of Code � i of Federal Regulations,Title 44, Section 60.3(d); Y � WHEREAS, this ordinance amends the City's floodplain management regulations in � order to comply with the current NFIP standards. � i NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande � as follows: � SECTION 1. Section 16.04.070 of the Arroyo Grande Municipal is hereby amended to � add the following definitions: { f I "Basement" means, for floodplain management purpases, any area of fihe building i having its floor subgrade -- i.e, below ground level — on all sides. ` � "Development" means, for floodplain management purposes, 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 f or drilling operations or storage or equipment or materials, � � "Expansion to an existing manufactured home park or subdivision" means, for � floodplain management purposes, 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), � ; � � I f i � . _ . __._ . . . _ _ __ � � � E °Lowest Floor" means, for floodplain management purposes, the lowest floor of � tha lawest enclosed area, including basement (see floodplain management ` definition of "basement"), An unfinished or flood resistant enclosure below the lowest floor that is usabie solely for parking of vehicles, building access or storage j in an area other than a basement area, is nat considered a building's lowest floor � provided it conforms to applicable non-elevation design requirements, including, � but not limited to, flood opening standards, anchoring standards, construction � materials and methods standards and standards for utilities as set farth in Section 16.44,050 of this code. For residential structures, all subgrade enclosed areas are prahibited as they are Gonsidered to be basements (see floodplain management definition of "basement"), This prohibition includes below grade garages and storage areas. "New manufactured home park or subdivision" means, for floodplain management purposes, a manufactured home park or subdivision for which the construction of facilities for servicing fhe 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 26, 2007 "Recreational vehicle" means, for floodplain management purposes, a vehicle which is built on a single chassis, four hundred 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 nat for use as a permanent dwelling but as temporary living quarters for recreational camping, � travel, or seasonal use. i "Special Flood Hazard Area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any givert year. It is shown on an FHB(�9 or FIRM as Zone A, AO, A1-A30, AE, A99 orAH, SECTION 2. The following definitions in Section 16.04.070 are hereby amended as follows: "Existing manufactured home park or subdivision" means, for floodplain management purposes, 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} +s was completed before ' June 26, 2007. "Manufactured hame" means structure, transportable in one or more sectians, which is built on a permanent chassis and is designed for use with or without a permanent foundatian when connected to the required utilities. For floodplain management purposes, the term "manufactured hame" , does not include a "reareational vehicle" as defined under the city's floodplain manaqement requlations. _ . . _ � "New construction" means, for flaodplain management purposes, structures for � which the start of construction commence on or after � #}Ae� June 26, 20Q7, and � includes any subsequent improvements to such structures, j kp i SECTION 3. Section 16.�44.050 is hereby amended ta add a new subsection H as � follows; ; � H. Findings of Fact. � 1. The flood hazard areas of the City of Arroyo Grande are subject to 4 periodic 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 fiax base, all of which adversely affect � the public health, safety and general welfare. � � 2, These flood lasses are caused by uses that are inadequately ( elevated, floodproofed, or protected fram flood damage, The f cumulative effect of obstructions in areas of special flood hazards � which increase flood heights and velocities also contributes to flood losses. SECTION 4. Section 16.44,05Q.E,1 is hereby amended in its entirety to read as follows: i ` 1. Esfiablishment of Development Permit. A development permit shall be obtained � before any construction or other development, including manufactured hames, within > any area af special flood hazard established in subsection D(2) of this section. � Application for a development permit shall be made an forms furnished by the floodplain administrator, The applicant shall provide the following minimum � information: ' � ; a. Plans in duplicate, drawn to scale, showing : � i. Location, dimensions, and elevation of the area in question, � existing or proposed structures, storage of materials and � equipment and their location; � ii. Propased locations of water supply, sanitary sewer and other I utilities; j iii. Grading information showing existing and proposed contours, f any proposed fill, and drainage facilities; � iv. Location of the regulatory floodway when applicable; v. Base flood elevatian information as specified in subsections � D(2) or E(3}(b) of this section; � vi. Proposed elevation in relatian to mean sea level, of the lowest � floor (including basement) of all structures; and ( vii. Proposed elevation in relation to mean sea level to which any � nonresidential structure will be floodproofed, as required in � subsection F(2)(c)(ii) of this sectian and detailed in FEMA ! Technical Bulletin TB 3-93. ; ; I G C I . _ . _ . ._ _ .._ b. Certification from a registered civil engineer or architect that the f nonresidential floodproofed building meets the floodproofing criteria in � subsection F(2)(c)(ii) of this section. c. For a crawl-space foundation, location and total net area of foundation � openings as required in subsection F(2)(c)(iii) of this section and detailed ' in FEMA Technical Bulletins 1-93 and 7-93, d, Description of the extent to which any watercourse will be altered ar relocated as a result of proposed development, e. All appropriate certifications listed in subsection E(3)(d) of this section. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, � subdivision, paragraph, sentence, ar clause thereof, irrespective of the fact that any ane or � more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 6. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted, A certified copy af the full text of the proposed Ordinance shall be posted in the office of the City Clerk, Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such � adopted Ordinance. � i � SECTION 7. This Ordinance shall take effect thirty (30) days after its adoption. � � � �