Agenda Report
Fullerton City Council
MEETING DATE: February 20, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: Stephen Bise, P.E. PUBLIC WORKS DIRECTOR PREPARED BY: DAVID GRANTHAM, P.E. CITY ENGINEER
JUAN ZAVALA, P.E. PRINCIPAL CIVIL ENGINEER
SUBJECT: FLOOD ZONE DEVELOPMENT MUNICIPAL CODE AMENDMENTS
SUMMARY
Fullerton Municipal Code (FMC) update to align with current federal National Flood Insurance Program (NFIP) Floodplain Management Regulations and California Building Standards Code (CBSC) requirements pertaining to Flood Zone Development (Section 14.01.015 of FMC).
PROPOSED MOTION
Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the Ordinance.
ORDINANCE NO. XXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE SECTION 14.01.015 PERTAINING TO FLOOD ZONE DEVELOPMENT
ALTERNATIVE OPTIONS
Approve the Proposed Motion.
Other options brought by City Council.
STAFF RECOMMENDATIONS
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
City Manager recommends approval.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Infrastructure and City Assets.
FISCAL IMPACT
This item has no Genera Fund fiscal impact. Application fees for development work within Special Flood Hazard Areas (SFHA), including application review, processing, plan check, permitting and inspection.
BACKGROUND AND DISCUSSION
Background
Congress passed the National Flood Insurance Act of 1968 which established the NFIP. The Federal Emergency Management Agency (FEMA) administers the NFIP which enables property owners in participating communities to purchase insurance for flood losses in exchange for state and community floodplain management regulations that reduce future flood damages.
The City of Fullerton joined the NFIP in 1977 (City of Fullerton Ordinance No. 2164), adopting program rules and regulations. Property owners face the following sanctions should the City withdraw or become suspended from the program:
No resident could purchase a flood insurance policy.
Carriers would not renew existing flood insurance policies.
The Federal agencies would not make development grants or in identified flood hazard areas.
No Federal disaster assistance provided to repair insurable buildings located in identified flood hazard areas for flood damage.
No Federal mortgage insurance or loan guarantees provided in identified flood hazard areas.
Federally insured or regulated lending institutions, such as banks and credit unions, must notify applicants seeking loans for insurable buildings in flood hazard areas that a flood hazard exists and that the property is not eligible for Federal disaster relief.
Discussion
The City of Fullerton comply with minimum requirements of Title 44, Code of Federal Regulations (CFR), Section 60.3 as a condition of continued eligibility in the NFIP, by amending and/or supplementing the existing floodplain management measures. The City amended FMC Chapter 14.01, Section 14.01.015, Flood Zone Development five times, with the last amendment in November 2009 (City of Fullerton Ordinance No. 3133).
The CBSC (California Code of Regulations (CCR) Title 24) contains flood provisions that meet or exceed minimum requirements included in the NFIP, CFR Title 44 (i.e., additional one-foot freeboard for lower floor elevation). All California communities must enforce the building code, which sets up potential conflict with requirements for buildings in local floodplain management regulations.
Department of Water Resources (DWR) developed the Model Ordinance approved by FEMA Region IX in 2020 to assist local communities with properly coordinating floodplain management regulations with higher requirements of CBSC, CCR Title 24. Local communities utilize the Model Ordinance to replace or amend existing floodplain management regulations with code-coordinated regulations.
FEMA reviewed FMC Section 14.01.015 and determined the Code requires updates to reflect current minimum NFIP (CFR, Title 44) requirements and include higher CBSC, CCR Title 24 requirements for building and structure development and improvement in SFHA.
Staff worked with FEMA to align FMC Section 14.01.015 with the DWR Model Ordinance. The City needs to supplement the key elements of NFIP regulations pertaining to development of buildings and structures in SFHAs in the Code with provisions and actions necessary to make the ordinance legally enforceable and properly administered.
The draft ordinance (Attachment 2) reflects current application review and permitting processes for development in SFHAs, including responsibilities between Public Works and Community and Economic Development Departments pertaining to administration and implementation of the ordinance.
FEMA found the proposed update to FMC Section 14.01.015 of the FMC (Attachment 3) complies with rules and regulations. Attachment 4 shows proposed revisions, deletions and additions between the current and proposed updated FMC Section 14.01.015. Staff also attached the FEMA-completed NFIP Basic Review Checklist supporting ordinance compliance for reference (Attachment 5).
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – Ordinance No. XXXX amending existing Section 14.01.015 of FMC Attachment 3 – Updated Section 14.01.015 of FMC
Attachment 4 – Redlined Section 14.01.015 of FMC
Attachment 5 – NFIP Basic Review Checklist (FEMA’s review) cc: City Manager Eric J. Levitt
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Flood Zone Development Code Updates
February 20, 2024 - Page 2