TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Floodplain Management.
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RECOMMENDATION
recommendation
Approve the introduction of Ordinance No. 2024-005 Amending Chapter 8.60 (Floodplain Management) of the Chino Municipal Code, to be read by number and title only, and waive further reading of the Ordinance.
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FISCAL IMPACT
There is no fiscal impact resulting from these changes to Chapter 8.60 of the Chino Municipal Code.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Superior Customer Service
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
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BACKGROUND
The National Flood Insurance Program (“NFIP”) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. The City of Chino is one of over 20,000 communities that participate in the Program.
As a participating community in the NFIP, the City is responsible for making sure its floodplain management regulations in Chapter 8.60 of the Municipal Code meet or exceed the minimum requirements of the NFIP. By law, the Department of Homeland Security's Federal Emergency Management Agency (“FEMA”) cannot offer flood insurance in communities that do not have regulations that meet or exceed these minimum requirements.
The basis for the City's floodplain management regulations is the flood hazard data provided by FEMA in the form of a set of Flood Insurance Rate Map (“flood map”) panels and an accompanying Flood Insurance Study (“FIS”) report. The flood map provides the City with the information needed for land use planning, emergency management, and reducing flood risk to new development and infrastructure in the floodplain. Each time FEMA provides additional flood hazard data, the City must adopt new flood plain regulations or amend existing regulations to incorporate new data and meet any additional requirements that result from any changes to the data.
On November 28, 2023, FEMA issued a Letter of Final Determination for San Bernardino County, which provides a new flood map and flood study for the City of Chino. This final letter initiates a six-month adoption period during which the City of Chino must adopt or amend its floodplain ordinance. The flood map and flood study become effective at the end of the six months on May 8, 2024. The effective date is also the date NFIP flood insurance rates will be based on the new flood data for new construction built or NFIP policies issued after this date. The effective map will be the one that will be used by federally insured or regulated lenders to determine if flood insurance is required as a condition of a loan.
ISSUES/ANALYSIS
In the 4th quarter of last year, FEMA representatives conducted a review of Chapter 8.60 in anticipation of a new flood map and study becoming effective in San Bernardino County. Their review concluded that the City's regulations meet the minimum standards provided the following changes were incorporated:
1. Updated language specifying that new construction and substantial improvements in flood-prone areas must have the lowest floor, including the basement, elevated to at least one (1) foot above the base flood elevation in accordance with the current requirements of the California Building Code; and
2. Updated language associated with procedures for determining what is considered a substantial improvement and substantial damage for building permits issued to improve buildings or structures in special flood hazard areas within the City.
The attached Ordinance No. 2024-005 outlines the above changes, plus additional revisions made to correct errors and ensure Chapter 8.60 is consistent with California’s updated Model Floodplain Management Ordinance. The revised municipal code chapter has been deemed acceptable by FEMA representatives and has also been reviewed by the City Attorney.
Attachment: Ordinance 2024-005 - Revised Chapter 8.60