HomeMy WebLinkAboutORD FOR INTRODUCTION 11-19-90ORDINANCES FOR INTRODUCTION NO. I
I1 1, 0 4
Inter - Com
SUBJECT: REVISION TO FLOOD PLAIN MANAGEMENT ORDINANCE
RECOMMENDATION
It is recommended that the City Council have first reading of
Ordinance No. 1054 by title only and introduction.
BACKGROUND
The National Flood Insurance Act of 1968 was enacted by Title XIII
of the Housing and Urban Development Act of 1968 to provide
previously unavailable flood insurance protection to property
owners in flood prone areas. The Flood Disaster Protection Act of
1973 also required the purchase of flood insurance for any form of
Federal or federally related financial assistance for acquisition
or construction purposes (this includes federally insured loans).
Since potential flood hazard areas have been identified within the
City of Tustin, primarily in the southeast area of the City in the
vicinity of the I-5 freeway, the City is required under provisions
of the Act to participate in the National Flood Insurance Program
and must adopt flood plain management regulations satisfying the
minimum criteria established by Federal law.
On October 1, 1989 and November 1, 1989 the Federal Emergency
Management Agency (FEMA) changed some of the rules governing the
National Flood Insurance Program (NFIP). These changes were
published in the Federal Register dated Monday, August 15, 1989 and
Friday, September 29, 1989. FEMA requires each community
participating in NFIP to revise their local Ordinance to include
these changes. The City of Tustin revised their Flood Plain
Management Ordinance (Ordinance 1005) in March of 1988 which
complies with the changes outlined on October 1 and November 1,
1989. Although the City's Ordinance is currently in compliance
with Federal requirements, a representative from FEMA did suggest
one minor revision as follows:
Section 9802.1 (A) Applicability to read...
This chapter shall apply to all Special Flood Hazard Areas
within the City of Tustin as identified by the Federal
Emergency Management Agency on the Federal Insurance
Administration in the report entitled "Flood Insurance Study"
DATE:
NOVEMBER 19, 1990
00,
TO:
WILLIAM HUSTON, CITY
MANAGER
FROM:
COMMUNITY DEVELOPMENT
DEPARTMENT
ORDINANCES FOR INTRODUCTION NO. I
I1 1, 0 4
Inter - Com
SUBJECT: REVISION TO FLOOD PLAIN MANAGEMENT ORDINANCE
RECOMMENDATION
It is recommended that the City Council have first reading of
Ordinance No. 1054 by title only and introduction.
BACKGROUND
The National Flood Insurance Act of 1968 was enacted by Title XIII
of the Housing and Urban Development Act of 1968 to provide
previously unavailable flood insurance protection to property
owners in flood prone areas. The Flood Disaster Protection Act of
1973 also required the purchase of flood insurance for any form of
Federal or federally related financial assistance for acquisition
or construction purposes (this includes federally insured loans).
Since potential flood hazard areas have been identified within the
City of Tustin, primarily in the southeast area of the City in the
vicinity of the I-5 freeway, the City is required under provisions
of the Act to participate in the National Flood Insurance Program
and must adopt flood plain management regulations satisfying the
minimum criteria established by Federal law.
On October 1, 1989 and November 1, 1989 the Federal Emergency
Management Agency (FEMA) changed some of the rules governing the
National Flood Insurance Program (NFIP). These changes were
published in the Federal Register dated Monday, August 15, 1989 and
Friday, September 29, 1989. FEMA requires each community
participating in NFIP to revise their local Ordinance to include
these changes. The City of Tustin revised their Flood Plain
Management Ordinance (Ordinance 1005) in March of 1988 which
complies with the changes outlined on October 1 and November 1,
1989. Although the City's Ordinance is currently in compliance
with Federal requirements, a representative from FEMA did suggest
one minor revision as follows:
Section 9802.1 (A) Applicability to read...
This chapter shall apply to all Special Flood Hazard Areas
within the City of Tustin as identified by the Federal
Emergency Management Agency on the Federal Insurance
Administration in the report entitled "Flood Insurance Study"
City Council Report
Revise Flood Plain Management Ordinance
November 19, 1990
Page 2
for City of Tustin with the most recent Flood Insurance Rate
Map on file with the City of Tustin as may be amended from
time to time (hereinafter referred to as the "FIRM").
This recommended revision is designed so that the Ordinance will
not have to be revised every time an updated map becomes available.
Currently, Ordinance 1005 refers to a map dated April 29, 1987 and
the most recently issued Flood Insurance Rate Map is September 15,
1989.
Pursuant to State CEQA requirements the proposed project has been
found to be exempt from CEQA (Class 7 exemption).
Beth B. Schoemann
Associate Planner
BBS:CAS:kbc\flood.bbs
W-�
"'.16 - '44"x Christine A. Shinrty
ton
Director of Commu Development
Community Development Department
1
V
3
4
5
6
I
9.
10
11
12
13
14
15
16
li
18
19
20
21
22
23
24
251
261
27
28
ORDINANCE NO. 1054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION
9802.1(A) OF CHAPTER 8, ARTICLE 9 OF THE
TUSTIN MUNICIPAL CODE RELATED -TO FLOOD PLAIN
MAPPING IN THE CITY'S FLOOD PLAIN MANAGEMENT
REGULATIONS.
I. The City Council does hereby ordain as follows:
Section 1:
That Subsection 9802.1(A) is amended to read as
follows:
119802.1 General Provisions
A. Applicability
This chapter shall apply to all special
Flood Hazard Areas within the City of
Tustin as identified by the Federal
Emergency Management Agency on the
Federal Insurance Administration in the
report entitled "Flood Insurance Study"
for the City of Tustin with the most
recent Flood Insurance Rate Map on file
with the City of Tustin as may be amended
from time to time (hereinafter referred
to as the "FIRM")".
Section 2:
If any section, sentence, clause, or phrase of this
ordinance is, for any reason, held to be invalid or
unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not
affect the validity of the remaining portions of
this ordinance. The Council hereby declares that
it would have passed this ordinance and adopted
this chapter and each section, sentence, clause, or
phrase, thereof, irrespective of the fact that any
one or more sections, subsections, sentences,
clauses or phrases be declared invalid or
unconstitutional.
1
4
c
E
c
1(
1�
1`
1`
1�
1=
11
1'
1!
1!
21
2'
2'
2;
2
2,
21
2
2
Ordinance No. 1054
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council held on the 19th day of November, 1990.
RICHARD EDGAR
Mayor
MARY WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Ordinance No. 1054 was duly and regularly
introduced and read at an adjourned regular meeting of
the City Council held on the 19th day of November, 1990,
and was given its second reading and duly passed and
adopted at a regular meeting held on the day of
, by the following vote:
AYES COUNCILPERSONS:
NOES COUNCILPERSONS:
ABSENT: COUNCILPERSONS:
Summary Printed Tustin News:
MARY E. WYNN, City Clerk
City of Tustin, California