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PC R 17-2267 RESOLUTION NO. 17-2267 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT NO. 16-003 AMENDING TITLE 16 REGARDING REGULATIONS FOR 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 WHEREAS, the Department of Homeland Security's Federal Emergency Management Agency ("FEMA") has requested updates to the City's floodplain management regulations in order to remain in compliance with Code of Federal Regulations, Title 44, Section 60.3(d); and WHEREAS, the Planning Commission has considered Development Code Amendment 16-003 at a duly noticed public hearing on February 21, 2017; and 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 of 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. 16-003 amending Title 16 of the Arroyo Grande Municipal Code as attached hereto as Exhibit "A" and incorporated herein by this reference. On a motion by Commissioner Martin, seconded by Commissioner Schiro and by the following roll call vote to wit: AYES: Martin, Schiro, Fowler-Payne, Mack, George NOES: None ABSENT: None the foregoing Resolution was adopted this 21st day of February, 2017. RESOLUTION NO. 17-2267 PAGE 2 G'4•RGE CHAIR ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: p/ - TERE A CCLISH COMMUNITY DEVELOPMENT DIRECTOR EXHIBIT 'A' ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 16.44.050 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING FLOODPLAIN MANAGEMENT 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 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) ("44 CFR 60.3(d)"); and WHEREAS, on June 25, 2013, the City adopted Ordinance No. 652 amending its floodplain management regulations to comply with 44 CFR 60.3(d); and WHEREAS, this Ordinance further amends the City's floodplain management regulations in order to comply with themost current NFIP standards. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. Subsection 16.44.050 E.2. of the Arroyo Grande Municipal Code is hereby amended in its entirety as follows: 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 May 16, 2017 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated May 16, 2017, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this section. These areas are the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are recommended to the city by the floodplain administrator. The study, FIRMs and FBFMs are on file at City Hall, 300 East Branch Street, City of Arroyo Grande, California 93420. ORDINANCE NO. PAGE 2 SECTION 2. 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, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared -unconstitutional. SECTION 3. 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 of-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. SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: The foregoing Ordinance was-adopted this_ day of , 2017. ORDINANCE NO. PAGE 3 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: BOB McFALL, INTERIM CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY