HomeMy WebLinkAbout39- Planning & Building CITY OF SAN BERM " RDINO REQUEST F R COUNCIL ACTION
From: Al Boughey, Director Subject: Development Code Amendment No. 94-06
to revise the date referenced for the
Dept: Planning and Building Services Flood Insurance Study and accompanying
maps for the City of San Bernardino
Date: September 19, 1994 from January 1979 to the most recent
Synopsis of Previous Council action:
05/1991 -- The Mayor and Common Council adopted the Development Code which referenced
the February 2, 1979 Flood Insurance Study and Rate Maps issued by the
Federal Emergency Management Agency (FEMA) .
08/02/94 - The Planning Commission forwarded DCA 94-06 to the Mayor and Common
Council with a recommendation of approval .
Recommended motion:
That the Hearing be closed; that the Mayor and Common Council approve the Development
Code Amendment; waive the first reading; and that the Ordinance be laid over for final
adoption.
Al ghe S' ture
Contact person: Al Rnughpy Phone: 384-5357 1
Supporting data attached: ytaff RaRprt; Ordinance Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct Description)
Finance:
;ouncil Notes:
75-os62 Agenda Item No 3�
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 94-06
REQUEST/LOCATION: This City-initiated amendment modifies Chapter 19.16, Section
19.16.030(2), to revise the date referenced for the Flood Insurance Stud for the City of San
( ), Y
Bernardino and the accompanying Flood Insurance Rate Maps (FIRM'S) from January 1979, to
the most recent revisions. The request is Citywide.
KEY ISSUES: The key issues are as follows:
• The Development Code incorporates the Flood Insurance Study for the City of
San Bernardino and the accompanying Flood Insurance Rate Maps (FIRM'S)
dated January 1979 by reference.
• Development Code Section 19.16.030(2) currently refers to FIRM maps dated
January 1979, and is inconsistent with the most recent revisions as issued by the
Federal Emergency Management Agency (FEMA), dated February 2, 1994.
• In order to maintain compliance with FEMA regulations the City is required to
reference the most recent Flood Insurance Rate Maps (FIRM'S) in documents
relating to flood hazard management.
• This amendment will revise the date of the referenced documents to the reflect
the most recent revisions which are dated February 2, 1994.
• Chapter 15.72 of the Municipal Code (Flood Control Measures) is being revised
concurrently.
Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning
Commission.
Attachment "A" to Exhibit 1, depicts the wording as shown in the amendment for Section
19.16.030(2).
ENVIRONMENTAL: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal
to revise the date referenced for the Flood Insurance Study for the City of San Bernardino is
exempt from CEQA as it is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. The proposed
change to the Development Code to revise the reference date relating to Flood Insurance Studies
will not impact the environment.
PAGE 1
Development Code Amendment 94-06
Mayor and Common Council meeting of
September 19, 1994
Page 2
PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed
Development Code Amendment 94-06 on August 2, 1994, and voted 5-0 to recommend to the
Mayor and Common Council approval of the Development Code Amendment and adoption the
Ordinance, based upon the attached Findings of Fact (Attachment A of Exhibit 1). Planning
Commissioners in attendance: Affaitati, Gaffney, Gonzales, Melendez and Stone.
STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council;
approve the Development Code Amendment and adopt the Ordinance.
Prepared by: Jeffery S. Adams, Assistant Planner
For: Al Boughey, Director, Planning & Building Services
EXHIBITS: 1. Planning Commission Staff Report
Attachments:
A. Section 19.16.030(2) [NoT INCLUDED]
B. Findings of Fact
2. Ordinance
A. Section 19.16.030(2) - page H-187
PAGE 2
CITY OF SAN BERNARDINO - MEMORANDUM
TO: PLANNING COMMISSION
FROM: MICHAEL HAYS, ASSISTANT DIRECTOR
PLANNING AND BUILDING SERVICES
SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 94-06
DATE: AUGUST 2, 1994
AGENDA ITEM: #4
OWNER: VARIOUS
APPLICANT: CITY OF SAN BERNARDINO
REQUEST
Staff is requesting a recommendation by the Planning Commission to the Mayor and Common
Council approval of Development Code Amendment 94-06 which modifies Chapter 19.16,
Section 19.16.030(2), to revise the date referenced for the Flood Insurance Study for the City
of San Bernardino and the accompanying Flood Insurance Rate Maps (FIRM's) from January
1979, to the most recent revisions.
BACKGROUND
The Development Code currently refers to FIRM maps dated January 1979, and is inconsistent
with the most recent revisions as issued by the Federal Emergency Management Agency
(FEMA), dated February 2, 1994.
ANALYSIS
In order to maintain compliance with FEMA regulations the City is required to reference the
most recent Flood Insurance Rate Maps (FIRM's) in documents relating to flood hazard
management. The Development Code incorporates the Flood Insurance Study for the City of
San Bernardino and the accompanying FIRM's dated January 1979 by reference. This
amendment will revise the date of the referenced documents to the reflect the most recent
revisions which are dated February 2, 1994.
EXHIBIT I
PAGE 3
Development Code Amendment No. 94-06
Agenda Item #4
Hearing Date: 8-2-94
Page 4
The amendment is consistent with General Plan objective 16.1, which is to maintain control
systems and restrict development to minimize hazards due to flooding. It is also consistent with
implementation policy I16.1, which states, "Development proposals for projects within the 100-
year flood plain shall be reviewed for consistency with Federal Emergency Management Agency
requirements. Projects not consistent with the Chapter 15.72 of the Municipal Code, Flood
Control Measures, may require modification to be consistent."
The City entered the regular phase of the National Flood Insurance Program (NFIP) on July 16,
1988. The floodplain management ordinance (MC-626), was adopted on June 6, 1988. During
the last review of the City's compliance with NFIP regulations by FEMA, it was determined that
a minor revision, to change the reference date of the map was required. Along with this
Development Code amendment the Public Works Department will process an amendment to
Chapter 15.72 amending the reference date of the FIRM maps.
ENVIRONMENTAL DETERMINATION
Development Code Amendment 94-06 is exempt from CEQA, Section 15061(3).
CONCLUSION
The amendment is required to gain compliance with the Federal Emergency Management
Agency (FEMA). The amendment is exempt from CEQA, § 15061(3). The amendment is
consistent with the General Plan.
RECOMMENDATION
Staff recommends that the Planning Commission recommend to the Mayor and Common Council
approval of Development Code Amendment 94-06, based on the attached Findings of Fact
(Attachment B)
Respectfully submitted,
[Signed Copy is in the Care File]
Michael Hays, Assistant Director
Planning and Building Services
Jeffery S. Adams, Assistant Planner
ATTACHMENTS: A - §19.16.030(2) page 11-187
B - Findings of Fact
PAGE 4
0
Development Code Amendment No. 94-06
Agenda Item #4
Hearing Date: 8-2-94
Page 5
FINDINGS OF FACT
Development Code Amendment No. 94-06
1. The amendment is consistent with the General Plan in that the objective of General Plan
Objective 16.1 is to maintain control systems and restrict development to minimize
hazards due to flooding.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the amendment will create compliance by the
City of San Bernardino with Federal Emergency Management regulations.
1
i
ATTACHMENT B
PAGE 5
Q
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.16, SECTION 19.16. 030(2) OF THE SAN BERNARDINO MUNICIPAL
3 CODE (DEVELOPMENT CODE) PERTAINING TO FLOOD CONTROL MEASURES,
4 FOR THE ENTIRE CITY OF SAN BERNARDINO.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO DO ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 19. 16, Section 19. 16. 030 of the
7 Development Code is hereby amended to read as follows (see
8 Attachment A, Development Code Page II-187, attached and
9 incorporated herein by reference) :
10 Chapter 19.16
11 19.16.030
12 2. The areas of special flood hazard, areas of flood-
13 related erosion hazards and aces of mud slide (i.e. mud flow)
14 hazards identified by the most recent revisions to the Federal
15 emergency Management Agency or the Federal Insurance
16 Administration in a scientific and engineering report entitled
it
i7 "Flood Insurance Study for City for San Bernardino", with an
18 accompanying Flood Insurance Rate Map is hereby adopted by
19 reference and declared to be a part of this chapter. This
20 Flood Insurance Study is the minimum area of applicability of
21 this chapter and may be supplemented by studies for other
22 areas which allow implementation of this chapter and which are
23 recommended to the Council by the City Engineer.
24
25
, 6
26
27 1
28
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.16, SECTION 19.16.030 (2) OF THE SAN BERNARDINO
2 MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO FLOOD
3 CONTROL MEASURES, FOR THE ENTIRE CITY OF SAN BERNARDINO.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
5
6 Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of , 1994, by the following vote, to-wit:
g Council Members: AYES NAYS AB TAIN AB ENT
I
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12
OBERHELMAN
13
14 DEVLIN
15 POPE-LUDLAM
16 MILLER
17
18 City Clerk
19 The foregoing ordinance is hereby approved this day
of , 1994.
20
21
22 Tom Minor, Mayor
City of San Bernardino
23 Approved as to
form and legal content:
24
25 JAMES F. PENMAN,
City Attorney
26
By:
27
28 2
FF DISTRICT-19.16
19.16.030 GENERAL PROVISIONS
1. This chapter shall apply to all areas of special flood hazards, areas of flood-
related erosion hazards and areas of mud slide (i.e. mud flow)hazards within
the jurisdiction of the City.
2. The areas of special flood hazard, areas of flood-related erosion hazards and areas
of mud slide (i.e. mud flow) hazards identified by the most recent revisions to the
Federal Emergency Management Agency or the Federal Insurance Administration
in a scientific and engineering report entitled "Flood Insurance Study for City for
San Bernardino", with an accompanying Flood Insurance Rate Map is hereby
adopted by reference and declared to be a part of this chapter. This Flood
Insurance Study is the minimum area of applicability of this chapter and bay be
supplemented by studies for other areas which allow implementation of this
chapter and which are recommended to the Council by the City Engineer."
3. No structure or land shall hereafter be constructed,located,extended,converted,
or altered without full compliance with the terms of this chapter and other ap-
plicable regulations. Violations of the provisions of this chapter by failure to
comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a mis-
demeanor. Nothing herein shall prevent the City from taking such lawful action
as is necessary to prevent or remedy any violation.
4. This chapter is not intended to repeal,abrogate,or impair any existing ease-
ments,covenants,or deed restrictions. However,where this chapter and any
other code,ordinance,easement,covenant,or deed restriction conflict or over-
lap,whichever imposes the more restrictive restrictions shall prevail.
S. In the interpretation and application of this chapter,all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body;and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
6. The degree of flood protection required by this chapter is considered reason-
able for regulatory purposes and is based on scientific and engineering con-
siderations. Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. This chapter does not imply
that land outside the areas of special flood hazards,areas of flood-related erosion
hazards and areas of mud slide(i.e.,mud flow)hazards or uses permitted within
such areas will be free from flooding or flood damages. This chapter shall not
create liability on the part of the City,any officer or employee thereof,or the
Federal Insurance Administration,for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made thereunder.
II-187 sm