INTRODUCTION: FLOODPLAIN
ORDINANCE (FPO)
Presented by
City of San Bernardino
Public Work Department
October 18, 2023
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 the following Ordinance:
Ordinance No. MC-___: AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO 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.
National Flood Insurance Program
• Purpose
• Enables property owners in participating communities
to purchase flood insurance.
• Background
• Established by the U.S. Congress through the
National Flood Insurance Act of 1968.
• Administered by the Federal Emergency Management
Agency (FEMA).
• Partnership / mutual agreement between the Federal
Government and State and local governments.
• City applied and was accepted into the NFIP on July
16, 1979.
• FEMA and State Dept. of Water Resources (DWR)
last updated the regulations in August 2020.
• City last updated the Floodplain Ordinance on
January 2, 2014.
• Requirements
• Jurisdictions must adopt the latest floodplain regulations and a floodplain ordinance.
• Regulations must be in accordance with FEMA and DWR
requirements.
• Process
• Repealing Chapter 19.16 of the City Municipal Code, which contains outdated floodplain regulations.
• Adopt a new Chapter 8.79 of the City Municipal Code for the up-to-date Floodplain Ordinance.
• Adopt Flood Insurance Rate Map and Flood Insurance Study when finalized by DWR.
• Designate City Engineer to be the Floodplain Administrator.
National Flood Insurance Program
Adopting and enforcing flood maps and a flood damage prevention ordinance. Recognizing flood hazards in community planning.
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.
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.
Proposed Regulations
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.
Proposed Regulations
There is no fiscal impact to the City‘s General Fund as a result of this action.
Fiscal Impact
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 the following Ordinance:
Ordinance No. MC-___: AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO 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.
Questions?