For City Council Meeting May 14, 2024
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, Acting City Manager
FROM: Colby Cataldi, Community Development Director
Title
Request the City Council Introduce for Second Reading Ordinance No. 1693, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 18.75 (FLOODPLAIN MANAGEMENT ORDINANCE) OF THE RIALTO MUNICIPAL CODE FOR COMPLIANCE WITH 44 CODE OF FEDERAL REGULATIONS PART 60.3(D) OF THE NATIONAL FLOOD INSURANCE PROGRAM”, reading by title only and waiving full reading thereof.
Body
RECOMMENDATION:
Staff recommends that the City Council:
1. Conduct a Public Hearing; and
2. Adopt Ordinance No. 1693 (Exhibit B) to amend portions of Chapter 18.75 (Floodplain Management Ordinance) of the Rialto Municipal Code for compliance with 44 Code of Federal Regulations Part 60.3(d) of the National Flood Insurance Program.
APPLICANT:
City of Rialto, 150 S. Palm Avenue, Rialto, CA 92376
BACKGROUND:
In November 2023, the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) notified local agencies within San Bernardino County, including the City of Rialto, of its intention to make effective a new Flood Insurance Study (FIS) and a Flood Insurance Rate Map (FIRM) for the San Bernardino County area. The FIS and FIRM will become effective on May 8, 2024. A copy of the notice from FEMA is attached as Exhibit A.
As stated in the notice from FEMA, the City of Rialto will need to amend Chapter 18.75 (Floodplain Management Ordinance) of the Rialto Municipal Code, as necessary, to meet all the standards specified in 44 CFR Part 60.3(d) of the NFIP prior to May 8, 2024. Failure to enact the necessary floodplain management regulations by the deadline will result in suspension from participation in the NFIP and will subject the City to prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234), as amended, and 44 CFR Part 59.24.
Since November 2023, Planning and Engineering staff have been working closely with FEMA representatives to discuss the necessary steps and to craft a Draft Ordinance for review and consideration by the City Council.
ANALYSIS/DISCUSSION:
The Draft Ordinance is included as Exhibit B and shows the proposed textual changes to Chapter 18.75 (Floodplain Management Ordinance). Additions are shown in bold italics and deletions in strikethroughs.
In summary, the Ordinance will:
• Amend Section 18.75.050 of the Rialto Municipal Code to remove a definition related to an older superseded FEMA map; and
• Amend Section 18.75.070 of the Rialto Municipal Code to reflect the replacement of the June 2, 1995 FIS and FIRM with the May 8, 2024 FIS and FIRM as the official documents for establishing the area of a special flood hazard; and
• Amend Section 18.75.150 of the Rialto Municipal Code to include procedures for submitting data to FEMA and for determining if a project constitutes a substantial improvement or the repair of substantial damage that would require compliance with flood resistant construction requirements of the building code; and
• Amend Section 18.75.170 of the Rialto Municipal Code to provide consistency with the California Building Code related to floor elevation and floodproofing requirements for new or substantially improved residential or non-residential construction; and
• Section 18.75.200 of the Rialto Municipal Code to provide consistency with the California Building Code related to floor elevation and floodproofing requirements for new or substantially improved manufactured homes; and
The proposed Ordinance, as written, will achieve compliance with 44 CFR Part 60.3(d) of the NFIP and will prevent the suspension of the City from the NFIP.
GENERAL PLAN CONSISTENCY:
The proposed Ordinance will create a public review process for an amendment to Chapter 18.75 (Floodplain Management Ordinance) of the Rialto Municipal Code and achieve consistency with federal floodplain management requirements. As such, it is consistent with the following City of Rialto General Plan policies:
Guiding Principle: Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
Goal 5-2: Minimize the risk and damage from flood hazards.
ENVIRONMENTAL IMPACT:
The adoption of the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15378 of the California Environmental Quality Act, a ‘Project’ means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. A project does not include:
• Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
The Planning Division will file a Notice of Exemption with the Clerk of the Board of San Bernardino County in accordance with CEQA upon completion of the Ordinance.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report and approved the ordinance.
FINANCIAL IMPACT:
Operating Budget Impact
The Ordinance will not result in any impact to the City’s operating budget.
Capital Improvement Budget Impact
The Ordinance does not include any development, therefore there are no financial costs associated with the Ordinance.
Business License
The adoption of an Ordinance does not require a business license.