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ORDINANCE NO. 3224-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE AMENDING SECTION 16.62.330
(INSTALLATION OF MANUFACTURED HOMES) OF
CHAPTER 16.62 (FLOODPLAIN MANAGEMENT) OF
TITLE 16 (BUILDINGS AND CONSTRUCTION) OF THE
SUNNYVALE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SUNNYVALE FINDS THE FOLLOWING:
WHEREAS, on September 26, 2023, the City Council adopted Ordinance No. 3220-23 to amend Chapter 16.62 (Floodplain Management) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code in order to comply with requirements for the City’s continued participation in the National Flood Insurance Program; and WHEREAS, the Federal Emergency Management Agency (FEMA) has requested that the City make certain amendments to the ordinance with respect to installation of manufactured homes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. SECTION 16.62.330 AMENDED. Section 16.60.330 (Installation of Manufactured Homes) of Chapter 16.62 (Floodplain Management) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code is hereby amended to read as follows:
16.62.330. Installation of manufactured homes.
(a) – (c) [Text unchanged]
(d) General elevation requirement. Unless subject to the requirements of subsection (e) of this section, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation plus one foot.
(e) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to subsection (d) of this section, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site Agenda: February 27, 2024
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where substantial damage as a result of flooding has occurred, shall be elevated such that the lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation plus one foot. (f) [Text unchanged]
(g) [Text unchanged]
(h) Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor plus one foot or bottom of the lowest horizontal structural member of the manufactured home plus one foot, as applicable to the flood hazard area.
(1) Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by subsections (d) or (e) of this section, as applicable, the systems and equipment shall be permitted to be located below that elevation.
Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
SECTION 2. CEQA. This action is exempt from environmental review under Section 15308 of the California Environmental Quality Act because it is an action by a regulatory agency for the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The regulations will prevent flooding that can harm groundwater, wildlife and plants, sensitive habitats, and human health. In addition, adoption of these standards is mandatory to conform to federal regulations required by the National Flood Insurance Program. As a result, the adoption of the ordinance is a ministerial action that is statutorily exempt from CEQA under Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after adoption.
SECTION 4.PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper for publication of legal notices of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.
Agenda: February 27, 2024
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Introduced at a regular meeting of the City Council held on February 6, 2024 , and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on February 27
, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
DAVID CARNAHAN
City Clerk
Date of Attestation: ____________________
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
______________________________
REBECCA L. MOON
Interim City Attorney
Agenda: February 27, 2024
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