Fremont City Council Meeting: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4823) DOC ID: 4823
Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 1 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION ORDINANCE - Citywide - PLN2023-00207 - To consider an ordinance to amend Fremont Municipal Code Title 18 (Planning and Zoning) Chapter 18.200 (Flood Damage Prevention) to remove text that is non-compliant with the National Flood Insurance Program (NFIP) and Community Rating System (CRS) and to enhance and clarify definitions, procedures and standards related to flood damage prevention in accordance with recommendations from the Federal Emergency Management Agency (FEMA), and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA), per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment); (2) CEQA Guidelines Section 15061(b)(3)) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment, and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density.
Contact Persons:
Name: Dilip Kishnani Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4736 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate amendments to the City’s Flood Damage Prevention Ordinance in accordance with FEMA requirements, and to ensure the City can continue to meet National Flood Insurance Program requirements and participate in FEMA’s Community Rating System program. The proposed amendments also clarify various provisions of the Ordinance.
On February 23, 2023, the Planning Commission held a public hearing to consider the proposed amendments and voted 6-0 (1 commissioner absent) to recommend approval to the City Council. Staff is recommending that the Council approve the proposed Zoning Text Amendment.
BACKGROUND: The City of Fremont has been a participant in the National Flood Insurance Program (NFIP) since 1983, which is administered by the Federal Emergency Management Agency (FEMA). FEMA has delineated portions of the City as special flood hazard areas on flood insurance rate maps. Properties within these areas may be subject to special flood insurance requirements and construction standards. Being a part of FEMA’s National Flood Insurance Program ensures that properties in special flood hazard areas have access to flood insurance through the NFIP.
Council Staff Report (ID # 4823) Meeting of March 7, 2023 Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 2 In March 2001, FEMA accepted the City into the Community Rating System (CRS) with a rating of Class 7. CRS is a voluntary program that encourages local communities to require and enforce development standards that are above the minimum requirements of the NFIP by providing a discount on flood insurance premiums based on class rating. Fremont still maintains a CRS Class 7 rating, which provides owners of property within special flood hazard areas a 15% reduction in premiums for flood insurance as required under the National Flood Insurance Program.
FEMA conducts a CRS verification visit approximately once every 5 years to confirm that participating communities are still meeting all the requirements to maintain their current class rating. A FEMA CRS Coordinator along with the state CRS coordinator from Department of Water Resources met with City staff on January 9, 2023 in anticipation of the upcoming CRS verification visit, which included a detailed review of Fremont Municipal Code Chapter 18.200 Flood Damage Prevention.
FEMA has identified FMC Section 18.200.080(a)(3)(D) as being non-compliant with NFIP and CRS requirements and has suggested several code changes that will clarify the City’s responsibilities under the NFIP and CRS, as amended from time to time, as well as clean up incorrect cross references.
Attached is the proposed draft Ordinance for Council consideration, which shows the code sections being amended.
DISCUSSION/ANALYSIS:
Proposed Amendments
The proposed amendments would update Fremont Municipal Code Title 18.200 (Flood Damage Prevention) to enhance and clarify definitions, procedures and standards related to flood damage prevention in accordance with FEMA, as follows:
1. Remove the outdated definition of “Flood boundary and floodway map”.
2. Update the definition of “Flood insurance study” to correctly refer to Federal Insurance Management Agency.
3. Update Section 18.200.070(c)(3)(B) to match FEMA model ordinance language.
4. Add Section 18.200.070(c)(6) to clarify the duties and responsibilities of the floodplain administrator to make substantial improvement and substantial damage determinations.
5. Update Sections 18.200.080(a)(3)(A)-(C) to cross reference Chapter 15.10 and clarify the one-foot freeboard requirement per current California Building Code and CRS requirements.
6. Update Section 18.200.080(a)(3)(D) to remove reference to nonresidential.
7. Updated Section 18.200.080(c)(1) to clarify and confirm that the requirements of this subsection apply to all proposed new subdivisions of all lot sizes.
8. Updated Section 18.200.080(d)(1) and (f)(1) to cross reference Chapter 15.10 and clarify the one-foot freeboard requirement per current California Building Code and CRS requirements.
9. Remove Section 18.200.090(a)(4) to conform to the updated FEMA model ordinance.
General Plan Conformance
Council Staff Report (ID # 4823) Meeting of March 7, 2023 Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 3 The proposed amendments would be consistent with the General Plan and the following policy in the Safety Element:
SAFETY ELEMENT POLICY 10-3.1: Limit Construction in Floodplain. Prohibit new buildings in the 100-year flood zone as determined by FEMA and as shown on the FEMA Flood Insurance Rate Maps (FIRM) unless sufficient mitigation can be provided, or the area is removed from the flood zone in accordance with FEMA and applicable requirements.
Analysis: The proposed amendments are necessary to conform to the National Flood Insurance Program criteria and appropriate model ordinance, allowing the City to remain an active participant in the National Flood Insurance Program to ensure the availability of federally sponsored flood insurance for City residents. The amendments also continue efforts to reduce flood insurance premiums for City residents by remaining an active participant in the Community Rating System program.
Findings for Approval:
In order to adopt the proposed amendments, amendments to the Zoning Ordinance must be heard by both the Planning Commission and the City Council, and the City Council must make the following findings in accordance with FMC Section 18.225.050:
1. The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.
Analysis: The proposed Zoning Text Amendment would be consistent with the General Plan Safety Element as enumerated in the General Plan Conformance section of the staff report.
2. The proposed amendment furthers the public interest, convenience, and general welfare of the City.
Analysis: The proposed amendments would further the public interest, convenience and general welfare of the City by maintaining the City’s compliance with the NFIP and CRS and allow for the continuation of all associated benefits for the community.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment), and (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment; and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density .
ATTACHMENTS:
• Draft Ordinance Amending FMC re Flood Damage Prevention • Flood Ord - Informational Item 1
RECOMMENDATIONS:
Council Staff Report (ID # 4823) Meeting of March 7, 2023 Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 4
1. Hold public hearing.
2. Find that the amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment; (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment, and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density;
3. Find that the proposed Zoning Text Amendment is consistent with the General Plan;
4. Find the proposed Zoning Text Amendment furthers the public interest, convenience, and general welfare of the city; and
5. Introduce an ordinance approving the proposed Zoning Text Amendment as set forth in the attached Draft Ordinance.