CC 2012-09-25_08.d. Adopt Ord Floodplain ManagementMEMORANDUM
TO: CITYCOUNCIL eL
FROM: TERESA MCCLISH, 'COMMUNITY DEVELOPMENT DIRECTOR
By: JON M. ANSOLABEHERE, DEPUTY CITY ATTORNEY
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
SECTIONS 16.04.070 AND 16.44.050 OF THE ClTY OF ARROYO
GRANDE MUNICIPAL CODE REGARDING FLOODPLAIN
MANAGEMENT; LOCATION - CITYWIDE; APPLICANT - ClTY OF
ARROYOGRANDE
DATE: SEPTEMBER 25,2012
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 Rood losses through national community enforced building and
zoning requirements. The NFlP provides federally backed flood insurance protection for
property owners whose communities, such as the City of Arroyo Grande, participate in
the NFlP program. The NFlP program is administered by the Federal Emergency
Management Agency ("FEMA").
The Planning Commission reviewed the proposed Ordinance at a regular meeting on
August 21, 2012. At that time, the Commission passed a Resolution recommending the
Council adopt the Ordinance as prepared by staff.
On September 11, 2012, the City Council introduced an Ordinance as presented by City
staff at a duly noticed public hearing. No public comments or questions were received.
Item 8.d. - Page 1
CITYCOUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING SECTIONS
16.04.070 AND 16.44.050 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE
REGARDING FLOODPLAIN MANAGEMENT
SEPTEMBER 25,2012
PAGE 2
ANALYSIS OF ISSUES:
On May 16, 2012, FEMA sent a letter to the City indicating that it has prepared a Flood
Insurance Study ("FIS") and has issued a new Flood lnsurance Rate Map ("FIRM")
identifying the Special Flood Hazard Areas ("SFHA") located within the City. FEMA
requires, as a condition of continued eligibility in the NFIP, that the City's floodplain
management regulations comply with or exceed the standards set forth in the Code of
Federal Regulations ("CFR"), Title 44, Section 60.3(d).
On May 11, 2012, FEMA issued its review of the City's municipal code regarding
compliance with the current Federal standards for storm water management. As a result
of this review and subsequent discussions between the City and FEMA staff, certain
amendments to the City's municipal code are required in order for the City to remain
eligible for the NFlP program. The proposed Ordinance is based on the model language
prepared by the California Department of Water Resources and brings the City's
floodplain management regulations into compliance with 44 CFR 60.3(d). More
specifically, this Ordinance:
Defines certain terms specific to floodplain management including definitions
for basement, development, expansion to an existirrg manufactured home
park or subdivision, lowest floor, new manufactured home park or
subdivision, recreational vehicle and special flood hazard area;
Amends the City's current floodplain management definitions to be consistent
with 44 CFR 60.3(d);
Adds findings of fact regarding the impacts of inadequately regulated
floodplain management; and
Amends the permit application requirements to require additional site
information such as location of storage materials, location of water and
sanitary utilities and grading.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration: - Adopt the attached Ordinance as recommended; - Modify and reintroduce the Ordinance; - Do not adopt the Ordinance; and - Provide direction to staff.
ADVANTAGES:
The City will remain eligible with the NFlP program.
Item 8.d. - Page 2
ClTY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING SECTIONS
16.04.070 AND 16.44.050 OF THE ClTY OF ARROYO GRANDE MUNICIPAL CODE
REGARDING FLOODPLAIN MANAGEMENT
SEPTEMBER 25,2012
PAGE 3
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 NO'I'IFICA'TION AND COMMENTS:
An Ordinance Summary was published in The Tribune on Monday, September 12,2012
pursuant to State law. The agenda was posted in front of City Hall on Thursday,
September 20, 2012 and both the agenda and staff report were posted on the City's
website on Friday September 21, 201 2.
Item 8.d. - Page 3
ORDINANCE NO.
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY
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
lnsurance Program ("NFIP") pursuant to the National Flood lnsurance Act of 1968 (the
"Act"); and
WHEREAS, the Department of Homeland Security's Federal Emergency Management
Agency ("FEMA") has prepared a Flood lnsurance Study ("FIS") and has issued a Flood
lnsurance 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 followivg 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).
Item 8.d. - Page 4
ORDINANCE NO.
PAGE 2
"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) k was completed before
e #-
U awmtmQ 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
Item 8.d. - Page 5
ORDINANCE NO.
PAGE 3
management purposes, the term "manufactured home"
does not include a "recreational vehicle" as
defined under the citv's floodplain management regulations.
"New construction" means, for floodplain management purposes, structures for
which the start of construction commence on or after
c F& 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.l 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;
Item 8.d. - Page 6
ORDINANCE NO.
PAGE 4
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 (1 5) 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 , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this day of September, 201 2.
Item 8.d. - Page 7
ORDINANCE NO.
PAGE 5
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, ClTY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, ClTY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, ClTY ATTORNEY
Item 8.d. - Page 8