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CC - Item 4A - Public Hearing on Consideration of an Amendment to the City of Rosemead Floodplain Management Municipal Code, and Introduce for First Reading Ordinance No. 1022ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 10, 2024 SUBJECT: PUBLIC HEARING ON CONSIDERATION OF AN AMENDMENT TO THE CITY OF ROSEMEAD FLOODPLAIN MANAGEMENT MUNICIPAL CODE, AND INTRODUCE FOR FIRST READING ORDINANCE NO. 1022 SUMMARY The City of Rosemead is a participant in the National Flood Insurance Program (NFIP) that enables property owners in participating communities to purchase insurance protection against losses from flooding and mudflow damage. Furthermore, the City of Rosemead is in the process of updating its Local Hazard Mitigation Plan (LHMP) for approval by the California Governor's Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA). The purpose of the LHMP is to provide hazard, vulnerability, and mitigation information; to ensure that local hazard mitigation planning is coordinated to the greatest extent feasible; and to ensure that local jurisdictions are made aware of the local hazards and vulnerabilities within their jurisdiction and to develop strategies to reduce those vulnerabilities. As part of the updated draft LHMP, CalOES requested that the City of Rosemead update its Municipal Code to incorporate "substantial improvement and substantial damage" provisions consistent with the State of California Model Floodplain Management Ordinance language as administered by the California Department of Water Resources (DWR). Therefore, City staff recommends that the City Council adopt Ordinance No. 1022 to meet the CalOES request to update the City's Floodplain Management Section of the Municipal Code that will facilitate the approval of the City's LHMP without delay. Delays in the approval of the LHMP could result in the loss of Federal funding in the event of a disaster or emergency. BACKGROUND In 2008 the City adopted Floodplain Management regulations based on the State of California Model Floodplain Management Ordinance to secure the City's continued eligibility in the National AGENDA ITEM 4.A City Council Meeting September 10, 2024 Page 2 of 3 Flood Insurance Program. To receive FEMA approval on the City's update to the LHMP that is underway there is a requirement to amend the City's existing Floodplain Management Municipal Code to comply with updated NFIP regulations. Based on discussions with Cal OES staff the proposed amendments to the Municipal Code are acceptable and will satisfy the updated NFIP regulations. STAFF RECOMMENDATION Staff recommends that the City Council: 1. Conduct a public hearing and receive public testimony; and 2. Move to introduce for first reading, by title only, Ordinance No. 1022 (Attachment "A"), an Ordinance of the City Council of the City of Rosemead, County of Los Angeles, State of California, amending Municipal Code Section 13.17.040 to include substantial improvement and substantial damage determinations and department records provisions. STRATEGIC PLAN IMPACT None. FISCAL IMPACT There is no immediate fiscal impact associated with the adoption of the ordinance. However, the Municipal Code update would allow the City to proceed with finalizing the LHMP which is necessary for the City to continue to be eligible to receive federal relief funding in the event of a disaster or emergency. ENVIRONMENTAL REVIEW The Ordinance is not subject to the requirements of the California Environmental Quality Act ("CEQA") for the following reasons: The Ordinance is (1) not a "project" within the meaning of sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it has no potential for resulting in a direct or indirect physical change in the environment; and (2) is exempt under section 15061, subdivision (b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. City Council Meeting September 10, 2024 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: %iZcC,iLctae.�-eey� Michael Lloyd, Contract Traffic Engineering Division Submitted by: Albert Leung, Interim CityV-7ngiiW Attachment A — Ordinance No. 1022 w Attachment A Ordinance No. 1022 ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 13.17.040, RELATING TO SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE WITHIN THE FLOODPLAIN MANAGEMENT CODE WHEREAS, the City of Rosemead is a participant in the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA) that provides insurance protection against losses from flooding and mudflow damage; and WHEREAS, the City of Rosemead from time to time updates its Local Hazard Mitigation Plan (LHMP) consistent with the California Governor's Office of Emergency Services (CalOES) and FEMA requirements to identify hazards and vulnerabilities within its jurisdiction and develop strategies to mitigate those vulnerabilities; and WHEREAS, the California Department of Water Resources (DWR) in conjunction with FEMA recommends adoption of the State of California Model Floodplain Ordinance; and WHEREAS, it is necessary to amend the City's Municipal Code to reflect the latest language of the State of California Model Floodplain Ordinance such that the updated LHMP may be approved without delay. Any such delays to the approval of the LHMP may result in the loss of eligibility to Federal funding in the event of a disaster or emergency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Code Amendment. Section 13.17.040 (C) of the Rosemead Municipal Code is hereby amended to read: 3. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made. b. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. d. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. 4. Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes. SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. Publication. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law. SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED AND ORDAINED this day of APPROVED AS TO FORM: Rachel Richman, City Attorney Steven Ly, Mayor ATTEST: Ericka Hernandez, City Clerk 2024.