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CC 2013-06-11_09.a. Proposed Ordinance - Floodplain ManagementTO: COUNCIL FROM: COMMUNITY DEVELOPMENT DIRECTOR LOCATION SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 13-002; OF ! GRANDE INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 16.04.070 AND 16.44.050 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE REGARDING FLOODPLAIN DATE: JUNE 11, 2013 RECOMMENDATION: It is recommended the City Council introduce an Ordinance amending Sections 16.04.070 and 16.44.050 of the City of Arroyo Grande ( "City ") Municipal Code regarding floodplain management. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. BACKGROUND: The National Flood Insurance Program ( "NFIP ") is a Federal program which was enacted to mitigate flood losses through national community enforced building and zoning requirements. The NFIP provides federally backed flood insurance protection for property owners whose communities, such as the City of Arroyo Grande, participate in the NFIP program. The NFIP program is administered by the Federal Emergency Management Agency ( "FEMA "). Planning Commission The Planning Commission reviewed the proposed amendments to the Development Code at a public hearing on June 4, 2013. The Planning Commission adopted a Resolution recommending the City Council introduce and later adopt the Ordinance prepared by City staff. ANALYSIS OF ISSUES: On September 25, 2012, the City Council adopted Ordinance No. 646 which amended the City's floodplain regulations in order to comply with Code of Federal Regulations Item 9.a. - Page 1 ( "CFR "), Title 44, Section 60.3(d). FEMA subsequently determined that the City was compliant with the CFR, but requested that some additional modifications be made the next time the City's floodplain regulations were amended. The requested modifications include the addition of a statutory authorization provision, additional language regarding elevation certification and corrections to the pre and post floodplain insurance rate map reference date within the "definitions: section in the City's Development Code. ALTERNATIVES: The following alternatives are provided for the City Council's consideration: Approve staff's recommendation Do not approve staff's recommendation; and Provide direction to staff. ADVANTAGES: The City will continue to remain eligible with the NFIP program. DISADVANTAGES: There are no disadvantages identified. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA) Guidelines, staff has determined that the draft Ordinance is exempt per Section 15308 of the Guidelines. PUBLIC NOTIFICATION AND COMMENTS: A notice of Public Hearing was published in the Tribune on May 31, 2013. The agenda was posted in front of City Hall on Thursday, June 6, 2013 and both the agenda and staff report were posted on the City's website on Friday, June 7, 2013. Item 9.a. - Page 2 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 September 25, 2012, the City adopted Ordinance No. 646 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 the most current NFIP standards. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The following definitions in Section 16.04.070 of the Arroyo Grande Municipal are hereby amended as follows: 1. "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) was completed before dune 26 20-0 September 19, 1984. 2. "New construction" means, for floodplain management purposes, structures for which the start of construction commence on or after June 26, 2 September 19, 1984, and includes any subsequent improvements to such structures. Item 9.a. - Page 3 • . 0 k A 1 •. 3. "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 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 26, 2007September 19, 1984. SECTION 2. Section 16.44.050 is hereby amended to add a new subsection A as follows; and all remaining subsections in Section 16.44.050 shall be renumbered thereafter in their current order. A. Statutory Authorization. The legislature of the State of California has in Government Code Sections 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 Council of the City of Arroyo Grande does hereby adopt the following floodplain management regulations. SECTION 3. Subsection 16.44.050.F.5.b is hereby amended as follows: All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al -30, AH, AE, AR on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection (17)(5)(a) of this section will be securely fastened to an adequately anchored foundation system to resist foundation collapse and lateral movement, and will be elevated so that either the: i. Lowest floor of the manufactured home is at least one foot above the base flood elevation; or ii. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty - six (36) inches in height above grade. 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. SECTION 4. 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 Item 9.a. - Page 4 r#lrj&MA A. PAGE 3 more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 5. 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 6. 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: • The foregoing Ordinance was adopted this day of 12013. Item 9.a. - Page 5 ►Aa11*1 KELLY WETMORE, CITY CLERK _..• l , •. TIMOTHY J. CARMEL, CITY ATTORNEY Item 9.a. - Page 6