ORDINANCE NO. XXXX
ORDINANCE NO. XXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING SECTION 14.01.015 OF FULLERTON MUNICIPAL CODE PERTAINING TO FLOOD ZONE DEVELOPMENT WHEREAS, U.S Congress established the National Flood Insurance Program (NFIP) with the passage of the National Flood Insurance Act of 1968.
WHEREAS, NFIP is administered by Federal Emergency Management Agency (FEMA) and enables property owners in participating communities to purchase flood insurance as protection against flood losses in exchange for state and community floodplain management regulations that reduce future flood damages.
WHEREAS, City of Fullerton joined the NFIP in 1977 (City of Fullerton Ordinance No. 2164), adopting the program’s rules and regulations for its implementation.
WHEREAS, California Building Standard Code (CBSC), California Code of Regulations (CCR), Title 24 also contains flood provisions that meet or exceed minimum requirements of the NFIP, included in Code of Federal Regulations (CFR), Title 44.
WHEREAS, City Council desires to amend the City of Fullerton Municipal Code to comply with minimum requirements of the NFIP included in Title 44, CFR and with higher flood provisions included in Title 24, CCR, CBSC, and to reflect current review and permitting process for development in Special Flood Hazard Areas.
WHEREAS, City staff have analyzed and determined that the amendments to the Municipal Code set forth in this Ordinance are not a “project” pursuant to CEQA and/or are exempt.
THE CITY COUNCIL OF THE CITY OF FULLERTON DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing Recitals are incorporated herein and made a part hereof.
SECTION 2. City Council finds that this Ordinance is not a project or is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15060(c)(2) and (3) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment nor will they have the potential of creating a significant effect on the environment. The changes in this ordinance are enacted to mitigate the threats posed to public peace, health and safety from storms and flooding. Therefore, it can be seen with certainty that this ordinance will not have a significant adverse effect on the environment.
SECTION 3. City Council amends Fullerton Municipal Code Title 14, Division 1, Section 15 to read in its entirety as set forth in the attached Exhibit A.
SECTION 4. City Council authorizes and directs city staff to file a Notice of Exemption with respect to the adoption of this Ordinance.
SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. City Council hereby declares that it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase or portion of this Ordinance irrespective of the fact that a court of competent jurisdiction has declared one or more sections, subdivisions, sentences, clauses, phrases or portions of this Ordinance invalid.
SECTION 6: City Council authorized and directs the City Clerk to publish this Ordinance, or a summary thereof, in the manner provided by law and in accordance with procedures normally taken.
SECTION 7: The City Clerk shall certify to the passage of this Ordinance and publish the Ordinance as required by law and the Ordinance shall take effect thirty days after adoption.
SECTION 8: City Council repeals all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance upon the effective date of this Ordinance and declares them of no further force and effect.
APPROVED AND ADOPTED by the City Council of the City of Fullerton at a regular meeting on the ___ day of ___ 2024. _______________________________
Nicholas Dunlap
Mayor
ATTEST:
_______________________________
Lucinda Williams, MMC
City Clerk
Attachments:
Exhibit A – FMC Text