PC R 13-2185RESOLUTION NO. 13 -2185
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN
ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT NO.
13 -002, 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 some additional modifications 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
13 -002 at a duly noticed public hearing on June 4, 2013; 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. 13'002. amending, Title 1:E of the Arroyo Grande
Municipal Code as attached, hereto as Exhibit "A" and incorporated herein by this
reference.
On a motion by Commissioner Sperow, seconded by Commissioner Barneich and by
the following roll call vote to wit:
AYES:
Sperow, Barneich, Keen, Martin, Ruth
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 4th day of June, 2013.
RESOLUTION NO. 13 -2185
JUNE 4, 2013
PAGE TWO
ATTEST:
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS T.O'CONTENT:
C_
T ESA tCLISH
RECTOR OF COMMUNITY DEVELOPMENT
ELIZABETH S. RUTH, CHAIR
Exhibit "A"
ORDINANCE.NO.
AN ORDINANCE OF THE CITY COUNCIL OF T_ HE 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(0) "); 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 ' u ^o 207September 19 1984.
1 2. "New construction" means, for floodplain management purposes, structures for
which the start of construction commence on or after june i9P7Seotember
19, 1984, and includes any subsequent improvements to such structures.
ORDINANCE NO.
PAGE 2
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 JURe 26,- -97September 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 A11-30, 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
ORDINANCE NO.
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 & 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:
IThe foregoing Ordinance was adopted this day of 12013.
ORDINANCE,NO.
PAGE 4
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