PC 2017-02-21_8a DCA 16-003 Floodplain ManagementMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
CAMILLA GREENBACH, GIS TECHNICIAN
SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 16-003;
AN ORDINANCE AMENDING SECTION 16.44.050 OF THE CITY OF
ARROYO GRANDE MUNICIPAL CODE REGARDING FLOODPLAIN
MANAGEMENT; LOCATION -CITYWIDE; APPLICANT -CITY OF
ARROYO GRANDE
DATE: FEBRUARY 21,2017
RECOMMENDATION:
It is recommended the Planning Commission adopt a Resolution recommending that the
City Council adopt an Ordinance amending Section 16.44.050 of the City of Arroyo
Grande Municipal Code regarding floodplain management.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected as a result of adopting the Ordinance.
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 June 25, 2013, the City Council adopted Ordinance No. 652 which amended the
City's floodplain regulations in order to comply with the most current NF]IP standards.
FEMA completed a revision to the countywide Flood Insurance Study (FIS) report and
Flood Insurance Rate Map (FIRM) for San Luis Obispo County and Incorporated Areas
in 2016. The City of Arroyo Grande is unaffected by the updated flood hazard
information presented in the FIS report and FIRM, however, the City does lie on one or
more of the revised map panels. FEMA has requested updates to the City's floodplain
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 16-003
FEBRUARY 21, 2017
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management ordinances reflecting the new FIRM be made by the effective date of May
16, 2017. Such requested modifications include updating the FIS report and FIRM
dates, and the City office location where the FIS report and FIRM are on file in the
General Provisions for Floodplain Management section in the City's Development Code.
With guidance from the NFIP State Coordinating Office for California, the Ordinance
includes language to automatically adopt the most recently available flood elevation
data provided by FEMA as it is made available in the future. This will limit the number of
AGMC amendments necessary to ensure compliance with FEMA regulations.
ALTERNATIVES:
The following alternatives are provided for the Commission's consideration:
Adopt the attached Resolution recommending the City Council adopt an
Ordinance approving Development Code Amendment 16-003;
Modify and adopt the attached Resolution recommending the City Council adopt
an Ordinance approving Development Code Amendment 16-003;
Do not adopt the attached Resolution and provide direction to staff regarding
specific findings recommending denial of Development Code Amendment 16-
003; or
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), the State CEQA
Guidelines, and the Arroyo Grande Procedures for the Implementation of CEQA, the
proposed project has been determined to be categorically exempt per Section 15308 of
the Guidelines regarding actions by regulatory agencies for protection of the
environment.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was published in The Tribune and posted at City Hall and on
the City's website on Friday, February 10, 2017. The Agenda was posted at City Hall
and on the City's website in accordance with Government Code Section 54954.2. At the
time of report publication, no comments have been received.
RESOLUTION NO.
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
following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Commissioner
the foregoing Resolution was adopted this 21st day of February, 2017.
and by the
RESOLUTION NO.
PAGE 2
LAN GEORGE
CHAIR
ATTEST:
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
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
EXHIBIT 'A'
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 the most 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.
PAGE2
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
following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and on the
The foregoing Ordinance was adopted this __ day of _______ ,, 2017.
ORDINANCE NO.
PAGE3
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