For City Council Meeting April 9, 2024
TO: Honorable Mayor and City Council
APPROVAL: David N. Carmany, City Manager
FROM: Colby Cataldi, Community Development Director
Title
Consider setting a Public Hearing for April 23, 2024 regarding Zoning Code Amendment No. 2024-0001 to amend portions of Chapter 18.75 (Floodplain Management Ordinance) to ensure compliance with National Flood Insurance Program (NFIP) 44 Code of Federal Regulations (CFR) Part 60.3(d).
RECOMMENDATION:
Staff recommends that the City Council:,
1) Set a Public Hearing for April 23, 2024, to consider Zoning Code Amendment No. 2024-0001, in accordance with the process provided by Government Code Section 65853
Body
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 of its intention to make effective a new Flood Insurance Study (FIS) and a Flood Insurance Rate Map (FIRM). 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:
In accordance with Government Code Section 65853, the City Council is to set the matter for public hearing. A more comprehensive staff report will follow once the hearing has been set.
GENERAL PLAN CONSISTENCY:
The proposed action will create a public review process for an amendment to the text of Chapter 18.75 (Floodplain Management Ordinance) of the Rialto Municipal Code. 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.
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 the attached Notice of Public Hearing (Exhibit B).
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.