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Home My WebLink About12 ORD 1319-FLOODPLAIN MGMT 10-16-06 AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: OCTOBER 16, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ORDINANCE NO. 1319 - FLOODPLAIN MANAGEMENT SUMMARY: The City of Tustin is a participant in the National Flood Insurance Program (NFIP). Cities or counties who participate in the NFIP are required to adopt local floodplain management regulations which are in conformance with the national model ordinance. Ordinance No. 1319 would amend the applicable sections of Tustin City Code, Article 9, Chapter 8 Floodplain Management to comply with the NFIP requirements. RECOMMENDATION: That the City Council introduce and have first reading of Ordinance No. 1319 and set for second reading at the Council's next scheduled meeting. FISCAL IMPACT: There are no direct fiscal impacts to the City; however, the City's participation in the NFIP allows the owners of properties located within Special Flood Hazard Areas (SFHA) to purchase flood insurance through the NFIP. BACKG ROUN D/DISCUSSION: The National Flood Insurance Program (NFIP), established by the Federal Emergency Management Agency, allows property owners located in Special Flood Hazard Areas (SFHA) to purchase flood insurance. The City of Tustin has been a participant for approximately twenty-five years. As a participant, the City is required to comply with the State of California's Floodplain Management Model Ordinance. The City updated the Tustin City Code in 2000 to comply with the State's model by adopting Ordinance No. 1226. Some minor amendments are necessary to the City's Floodplain Management Ordinance Chapter 8. Tustin City Code (TCC) 9801 does not meet the minimum regulations specified in Title 44 Code of Federal Regulations, Section 60-3. The Ordinance is lacking four (4) definitions and three (3) sections that need to be added and/or amended as identified in the attached draft Ordinance. These definitions City Council Report October 16, 2006 Ordinance No. 1319 - Floodplain Management Page 2 of 2 relate to "historic structures," "lowest floor," "recreational vehicles," and "substantial damage." The City Attorney's office reviewed the language and ensured that the proposed ordinance was in appropriate legal form and that there are internal Code consistencies. Elizabeth A. Binsack Community Development Director Attachments: Ordinance No. 1319 ccreport\Floodplain Ord No 1319.doc ORDINANCE NO. 1319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 9, CHAPTER 8 OF THE TUSTIN CITY CODE RELATED TO FLOODPLAIN MANAGEMENT TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM. The City Council of the City of Tustin ordains as follows: Section 1. The City Council finds and determines as follows: A. The Federal Emergency Management Agency (FEMA) encourages cities to participate in the National Flood Insurance Program (NFIP). With regulation in place, the program allows the owners of properties located within Special Flood Hazard Areas (SFHA) to purchase flood insurance through the NFIP. B. The City of Tustin is a participant in the National Flood Insurance Program (NFIP). Cities who participate in the NFIP are required to adopt local floodplain management regulations in conformance with the requirements contained in Title 44 of the Code of Federal Regulations (44 CFR) section 60.3. C. The City's participation in the NFIP allows the owners of properties located within Special Flood Hazard Areas to purchase flood insurance through the NFIP. D. The City's Floodplain Management Ordinance was last revised in 2000. E. Additional revisions to the City's Floodplain Management Ordinance are reasonably necessary at this time to comply with the current requirements contained in 44 CFR Section 60.3 and with the State of California Model Floodplain Management Ordinance. Section 2. Section 9801 of the Tustin City Code is hereby amended in its entirety to read as follows: 9801 STATUTORY AUTHORIZATION AND PURPOSE (a) Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65580, and 65800 conferred upon local government units 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 Tustin does hereby adopt the following floodplain management regulations. (b) Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1 Ordinance No. 1319 - Floodplain Management Page 2 (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the use and development of areas of special flood hazard so as to minimize futu re flood areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Section 3. The following definitions are added to and/or revised within Section 9802 of the Tustin City Code, and the order of the definitions modified accordingly: "Historic structure" means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. 2 Ordinance No. 1319 - Floodplain Management Page 3 II Lowest floor' means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). (1) An unfinished or flood resistant enclosure, 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: (a) the wet flood proofing standard in Section 9804a(3)(e); (b) the anchoring standards in Section 9804a(1); (c) the construction materials and methods standards in Section 9804a(2); and, (d) the standards for utilities in Section 9804b. (2) For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas. "Recreational vehicle" means a vehicle that is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light- duty truck; and, (4) Designed primarily not for. use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Section 4. Subsection e is added to Section 9802.1 of the Tustin City Code to read as follows: e. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another provision of this Code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3 Ordinance No. 1319 - Floodplain Management Page 4 Section 5. Subsection f is added to Section 9804 of the Tustin City Code to read as follows: f. Standards for Recreational Vehicles (1) All recreational vehicles placed on sites within Zones A 1-30, AH, and AE on the City's Flood Insurance Rate Map will either: (a) be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions or utilities and security devices, and has no permanently attached additions; or, (b) meet the permit requirements of Section 9803 and the elevation and anchoring requirements for manufactured homes in Section 9804d. Section 6. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Section 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause this Ordinance to be posted at the designated posting places within the City within fifteen days after passage and adoption as may be required by law. PASSED, APPROVED, AND ADOPTED this day of 2006. DOUG DAVERT, MAYOR ATTEST: PAMELA STOKER, CITY CLERK 4 Ordinance No. 1319 - Floodplain Management Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) I, PAMELA STOKER, City Clerk of the City of Tustin, California, DO HEREBY CERTIFY that the foregoing Ordinance No.1319 was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the day of 2006, and that thereafter, said Ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the day of 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: (SEAL) PAMELA STOKER, CITY CLERK 5