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DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Introduction of Ordinance No. MC-1622: Floodplain Ordinance (FPO) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of Ordinance No. MC- 1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
Executive Summary:
The goal and objective is to adopt the latest floodplain regulations per state and federal agencies in order for the City of San Bernardino (the “City”) to remain in the National Flood Insurance Program. The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA) and enables property owners in participating communities to purchase insurance in exchange for state and community floodplain management regulations to reduce exposure to flooding and lessen the financial burden during disaster events. In order to remain in the NFIP, the City of San Bernardino is required to adopt a floodplain ordinance in accordance with FEMA and the Department of Water Resources (DWR) requirements. These requirements can be found in the Background and Discussion parts of this report.
Background
The U.S. Congress established the National Flood Insurance Program (NFIP) with the passage of the National Flood Insurance Act of 1968. The NFIP is administered by the Federal Emergency Management Agency (FEMA) and enables property owners in participating communities to purchase insurance in exchange for state and community floodplain management regulations to reduce exposure to flooding and lessen the financial burden during future disaster events. Jurisdictions such as the City may participate in the NFIP subject to certain ongoing federal and state 1 2
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requirements. The NFIP is based on a mutual agreement between the Federal Government and communities such as the City. Communities that participate agree to regulate development in mapped flood hazard areas according to certain criteria and standards as stated above. The partnership involves: flood hazard maps, flood insurance, and regulations as presented above and in the proposed ordinance attached.
Discussion
The City applied for and was accepted into the NFIP on July 16, 1979. Since that time, the City has been required to meet state and federal requirements in order to continue to participate. These requirements include Title 44, Parts 59 and 60, of the Code of Federal Regulations. The Code of Federal Regulations (CFR) Title 44 is a codified set of U.S. federal laws and regulations issued by federal agencies of the United States regarding emergency management and assistance, including insurance and hazard mitigation, fire prevention and control, disaster assistance, and emergency preparedness.
In addition, the City is required by California Health and Safety Code, Division 13, Parts 1.5 and 2.5, to administer and enforce the California Building Standards Code, as adopted and modified by the City. The California Building Standards Code contains certain provisions related to the design and construction of buildings and structures in flood hazard areas.
Both state and federal regulations in this area continue to be updated. In order to remain in the NFIP, the City is required to adopt and implement a Floodplain Ordinance (Ordinance) in accordance with FEMA and the Department of Water Resources (DWR) requirements. These requirements can be found in the Ordinance document that was created through joint effort from both agencies (attached).
Currently, Chapter 19.16 of the City’s Municipal Code has a floodplain section in Chapter 19.16, FP (Flood Plain Overlay) Zone. In order to continue to remain enrolled in NFIP, the City needs to incorporate an updated version reflecting the new floodplain management regulations (attached). The attached Ordinance MC-1622 implements the needed changes to the Chapter, by repealing and replacing Chapter
19.16 in its entirety. These changes include the following list of items:
•recognizing flood hazards in community planning
•adopting and enforcing flood maps and a flood damage prevention ordinance •requiring permits for all types of development in the floodplain •assuring that building sites are reasonably safe from flooding •establishing base flood elevations (BFE) where not determined on Flood Insurance Rate Map (FIRM)
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•requiring new and substantially improved homes and manufactured homes to be elevated above the BFE
•requiring non-residential buildings to be elevated above the BFE or dry flood- proofed
•determining if damaged buildings are substantially damaged •conducting field inspections
•citing and issuing remedy violations
•requiring and maintaining surveyed elevation information to document compliance
•carefully considering requests for variances
•resolving non-compliance and violations of floodplain management requirements
•advising and working with FEMA and the State when updates to flood maps are needed
•maintaining records for review
•responding to periodic requests for reports to FEMA
The projected date for the effective date of the FIRM and Flood Insurance Study (FIS) is September 28, 2023. This date is subject to change and not final as the date is dependent of when the Letter of Final Determination is sent to the City. Per DWR, the City will have six months after the Letter of Final Determination until maps become effective. A FIS is a report containing detailed flood elevation data in flood profiles, maps, and data tables; this is compiled once a flood study is performed for NFIP. A FIRM is the official community map showing special flood hazard areas and risk premium zones.
2021-2025 Strategic Targets and Goals
Adoption of this Ordinance aligns with the City’s Guiding Principles, as set forth in the 2020-2025 “Key Strategic Targets and Goals” document. In particular, the Ordinance furthers:
•Key Target No. 1: Financial Stability. This action will help enable property owners to purchase federally backed flood insurance to provide financial protection against flood losses, reduce potential hazards, and minimize the risks associated with flooding.
•Key Target No. 3: Improved Quality of Life. Specifically, updating the Flood Plain Overlay zone as reflected in Chapter 19.16 of the City’s Municipal Code will help the City maintain its enrollment in the NFIP, which will in turn help protect public health, safety, and general welfare by ensuring the City remains up to date with applicable federal and state floodplain laws and regulations. 1 2
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Fiscal Impact
There is no fiscal impact to the City‘s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of Ordinance No. MC-1622:
adopting a new Chapter 8.79 of the City of San Bernardino Municipal Code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
Attachments
Attachment 1 – Ordinance No. MC-1622
Attachment 2- Email Communications
Attachment 3-Presentation Powerpoint
Ward:
All Wards
Synopsis of Previous Council Actions:
None