CC 2013-06-25_08.j. Adopt Ordinance Floodplain MgmtMEMORANDUM
TO: CITY COUNCIL -FROM: TERESA McCLIS~OMMUNITY DEVELOPMENT DIRECTOR
By: JON M. ANSOLABEHERE, DEPUTY CITY ATTORNEY
SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 13-002;
LOCATION -CITYWIDE; APPLICANT· CITY OF ARROYO GRANDE;
ADOPTION OF AN ORDINANCE AMENDING SECTIONS 16.04.070
AND 16.44.050 OF THE CITY OF ARROYO GRANDE MUNICIPAL
CODE REGARDING FLOODPLAIN MANAGEMENT
DATE: JUNE 25, 2013
RECOMMENDATION:
It is recommended the City Council adopt 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").
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
("CFR"), Title 44, Section 60.3(d). FEMA subsequently determined that the City was
compliant with the CFR but requested some additional modifications be made the next
time the City's floodplain regulations were amended. Such 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.
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CITY COUNCIL
CONSIDERATION OF INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS
16.04.070 AND 16.44.050 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE
REGARDING FLOODPLAIN MANAGEMENT
June 25, 2013
PAGE2
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 adopt the Ordinance prepared by City staff.
Ordinance Introduction
On June 11, 2013, the City Council introduced the proposed Ordinance as presented by
City staff at a duly noticed public hearing. No public comments or questions were
received.
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:
The agenda was posted in front of City Hall on Thursday, June 20, 2013 and both the
agenda and staff report were posted on the City's website on Friday, June 21, 2013.
Item 8.j. - Page 2
ORDINANCE NO.
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
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 September 19, 1984.
2. "New construction" means, for floodplain management purposes, structures for
which the start of construction commence on or after September 19, 1984, and
includes any subsequent improvements to such structures.
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ORDINANCE NO.
PAGE2
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 September 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 A 1-30, AH, AE, AR on the
community's Flood Insurance Rate Map that are not subject to the provisions of
subsection (F)(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
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
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ORDINANCE NO.
PAGE3
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
following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and on the
The foregoing Ordinance was adopted this __ day of ______ , 2013.
Item 8.j. - Page 5
ORDINANCE NO.
PAGE4
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.j. - Page 6