O 646 ORDINANCE NO. 646
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;
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);
WHEREAS, this ordinance amends the City's floodplain management regulations in
order to comply with the current NFIP standards.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Arroyo Grande Municipal Code Section 16.04.070 is hereby amended to
add the following definitions:
"Basement" means, for floodplain management purposes, any area of the building
having its floor subgrade — i.e. below ground level — on all sides.
"Development" means, for floodplain management purposes, any man-made
change to improved or unimproved real estate, including, but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage or equipment or materials.
"Expansion to an existing manufactured home park or subdivision" means, for
floodplain management purposes, the preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
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"Lowest Floor" means, for floodplain management purposes, the lowest floor of
the lowest enclosed area, including basement (see floodplain management
definition of "basement"). An unfinished or flood resistant enclosure below the
lowest floor that is usable solely for parking of vehicles, building access or storage
in an area other than a basement area, is not considered a building's lowest floor
provided it conforms to applicable non-elevation design requirements, including,
but not limited to, flood opening standards, anchoring standards, construction
materials and methods standards and standards for utilities as set forth in Section
16.44.050 of this code. For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see floodplain management
definition of "basement"). This prohibition includes below grade garages and
storage areas.
"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, 2007
"Recreational vehicle" means, for floodplain management purposes, a vehicle
which is built on a single chassis, four hundred square feet or less when
measured at the largest horizontal projection, designed to be self propelled or
permanently towable by a light-duty truck, and designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational camping,
travel, or seasonal use.
"Special Flood Hazard Area (SFHA)" means an area in the floodplain subject to a
1 percent or greater chance of flooding in any given year. It is shown on an FHBM
or FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
SECTION 2. The following definitions in Arroyo Grande Municipal Code Section
16.04.070 are hereby amended as follows:
"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) is was completed before - - _ - - ' - - - - - - _ - - - - - _ - - - -• -
- - - - - - - - -- - - - June 26, 2007.
"Manufactured home" means structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For floodplain
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PAGE 3
management purposes, the term "manufactured home"
'!
. -
_ __ _ _ . _ _ - does not include a "recreational vehicle" as
defined under the city's floodplain management regulations.
"New construction" means, for floodplain management purposes, structures for
which the start of construction commence on or after the effective da*te o
- _ _ .. _ . - _ _ _ _ _ - - June 26. 2007, and
includes any subsequent improvements to such structures.
SECTION 3. Arroyo Grande Municipal Code Section 16.44.050 is hereby amended to
add a new subsection H as follows:
H. Findings of Fact.
1. The flood hazard areas of the City of Arroyo Grande are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
2. These flood losses are caused by uses that are inadequately
elevated, floodproofed, or protected from flood damage. The
cumulative effect of obstructions in areas of special flood hazards
which increase flood heights and velocities also contributes to flood
losses.
SECTION 4. Arroyo Grande Municipal Code Section 16.44.050.E.1 is hereby amended
in its entirety to read as follows:
1. Establishment of Development Permit. A development permit shall be obtained
before any construction or other development, including manufactured homes, within
any area of special flood hazard established in subsection D(2) of this section.
Application for a development permit shall be made on forms furnished by the
floodplain administrator. The applicant shall provide the following minimum
information:
a. Plans in duplicate, drawn to scale, showing :
i. Location, dimensions, and elevation of the area in question,
existing or proposed structures, storage of materials and
equipment and their location;
ii. Proposed locations of water supply, sanitary sewer and other
utilities;
iii. Grading information showing existing and proposed contours,
any proposed fill, and drainage facilities;
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iv. Location of the regulatory floodway when applicable;
v. Base flood elevation information as specified in subsections
D(2) or E(3)(b) of this section;
vi. Proposed elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures; and
vii. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in
subsection F(2)(c)(ii) of this section and detailed in FEMA
Technical Bulletin TB 3-93.
b. Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria in
subsection F(2)(c)(ii) of this section.
c. For a crawl-space foundation, location and total net area of foundation
openings as required in subsection F(2)(c)(iii) of this section and detailed
in FEMA Technical Bulletins 1-93 and 7-93.
d. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
e. All appropriate certifications listed in subsection E(3)(d) of this section.
SECTION 5. 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 6. 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 7. This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member Costello, seconded by Council Member Brown, and on the
following roll call vote to wit:
AYES: Council Members Costello, Brown, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
The foregoing Ordinance was adopted this 25k" day of September 2012.
ORDINANCE NO. 62#(40
PAGE 5
TONY FER MAYOR
ATTEST:
rll.. L
KELLY ET r RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN AMS, CITY MANAGER
APPROVED AS TO FORM:
TI THY J. C EL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 646 which was
introduced at a regular meeting of the City Council on September 11, 2012; was
passed and adopted at a regular meeting of the City Council on the 25th day of
September 2012; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26`h
day of September 2012.
KELLY E/ ORE, CITY CLERK