HomeMy WebLinkAboutCity Council Resolution 677 ' RESOLUTION NO. 677
RESOLUTION OF THE COUNCIL OF-THE CITY OF SAI~ATOGA
APPLYING FOR ELIGIBILITY OF SAID CITY TO QUALIFY
FOR FEDERAL FLOOD'INSURANCE UNDER THE NATIONAL
FLOOD INSURANCE ACT OF 1968 ,-
~{E~EAS, ~he National Flood' Insurance Act of 1968, as
araended, has established 'a program by which the Federal, State
and local governments, acting in concert with private insu~ers~
can provide flood insurance coverage, including coverage .'for damage
from mudslides, for tile property of individual owners located
within a participating State'or 'local area; and
I,~IEREAS, said Act provides that th~ Secretary of Housing
and Urban Development shall make flood insurance available in only
those states or areas which, after December 31, 1971, have furnished
evidence of a positive interest in participating in said program
in accord with the terms of said Act, and have adopted land use
and control measures in order to meet the requirements of Sections
1910.3 and 1910.4, Chapter VII, Title 24 pursuant to said Act,
NOW, THEREFORE, the City Council'of the City of Saratoga,
State of California, hereby makes application for eligibility for
flood insurance under the aforesaid National Flood Insurance Act
of 1968, ~as amended, and aszpart of said application finds,
declares and resolves aS follows:
1. There is a local need for flood insurance within the City
of Saratoga, and this CoUncil is desirous of.participating in the
Federal Flood Insurance program under the National Flood Insurance
Act of 1968, as amended, and hence makes this application for
eligibility.
2. This City represents that it presently has the power to
adopt and enforce land use control measures within its boundaries,
in the manner and ~o',the extent as required by said National Flood
Insurance Ac~', and believes that its laws and ordinances already
existing meet all the Federal minimum requirements. In this regard,
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attached hereto as Exhibit.' "A" and incorporated herein by reference
are citations of Cal'ifornia State Constitutional and Statutory
authority and requirements relating to the regulation of land use.
and references to and copies of the City of Saratoga's laws and
ordinances enacted and adopted pursuant thereto as represcntativ~
of this City's preexisting and present intent .to recogni~-e and
evaluate flood hazards in all official actions relating to land use
within 'the City limits.
3. T~is Council hereby cohabits the City of Saratoga as follows:
a. To recognize and duly evaluate flood and/or'muds].ide.
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hazards in all o' ficial actions relative to land use in the areas
having special flood and/or mudslide hazards, and to take such othler
official action as may be reasonably necessary to carry out the
objectives of the flood insurance progroan.. and
b. Assist the Adrainistrator, at his request~ in delineating
the limits of the areas having special flood and/or mudslide hazards
on available local maps of sufficient scale to identify the location
of b~ilding sites, and
c. Provide such inforn~ation to the'Administrator as ~he
Administrator may request concerning present uses and occupancy
of the flood plain and/or mudslide areas, and
d. Maintain for public inspection and furnish upon
request, with respect to each srea having special flood hazards,
information on elevations (in relation to mean sea level) of the
lowest floors of all new or substantially improved structure,q and,
where tilere is a basement, the distance between the first floor
and tI'~e bottom of the lowest opening where water flowing on the
ground will enter,. and
· e. Cooperate with Federal, State and other local
agencies and private firms which unde}:take to study, survey, map,
and ?identify flood plain and/or mudslide areas. and with
'neighboring communities with respect to management of adjoininf~
flood p,!ain and/or mudslide areas in order. to prevent. aggravation
of existing hazards, and
f. Aft~er flood insurance is 'made available, furnish
representatives of appropriate Federal and State agencies, or
the National Flood insurer's Association, such other and further
information as may reasonably be requested concerning continuing
evaluation of and updating existing land use regulations of this
City.
4. The City Manager of the City of .Saratoga is hereby appointed
as Administrator for said pr. ogram for this City. and is ,authorized
to delegate the within authority to any one or more of his assistants.
Said Administrator is hereby appointed in accord with the provisio'~s
of Section 1909.22 (13) (b)(1) and (2) of the Federal Regulations, and
shall have the responsibility and authority to implement the hereinabove
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'set forth coF~nitments, and shall s~bmit, on .each anniversa~'v date
of the y s initial eligibility, an annual report to the Federal
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'Administrator on the progress made.during the preceding year within
the co~nunit~y and the development and/Or implementation of. flood
plain and/or mudslide area management measures, and any updating~
of. existing regulations.
5. Attached hereto, or submitted concurrentlyberewith, are
additional Exhibits as required by SectiOn t909.22(a) of'said Act,
which are hereby referred to and incorporated herein by reference.
6. The City Manager is hereby authorized and 'directed to
forward a certified co?y of this Resolution to the Federal Insurance
Administrator, Department of Housing and Urba~ Development, Washington,
D. C., and ~o make application under said Act for eligibility in
accord herewith, and from time to time, as requested, to submit
such other and further documentation as may reasonably be required
in supplement to the within application.
The above and foregoing Resolution was duly and regularly
passed and adopted a= a regular m&e~ing of the C~ty Council of
September,
the City of SaraZoga held on the igth day of ~~, 1973, by the
following vo~e:
AYES: ~gunc~lmen Smith, ~er, Bridges a~d Diridon
NOES: None·
ABSENT: Counc i lman '~ aus . '.
ATTEST:
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APPLICABLE LAWS RELATING TO LAND USE REGULATIONS,
WITH PARTICULAR EMPHASIS O~N FLOOD HAZARD
AND/OR MUDSLIDE HAZARD CONDITIONS.
STATE STAT~FES
Article XI, Section 7, California Sta~e Constitution, and
California Government Code Section 37100.
.' Power %o a city ~o ~nact and enforce all local, ,
police,.sanitary and other laws and ordinances
within its boundaries,."
California Government Code Sections 65300--65402.
Requirement that each city adopt a general plan.
(See, ExhibiT"'A-l"~)'
Goverm~ent Code Section 65302(d) makes provision for'
each general plan to contain the following elements:
"I~'The reclamation of land and waters.
Flood control.
(3) Prevention and control of the pollution
of streams and other waters.
(4) Regulation of the use of~ land in stream
channels and'other areas required for the°accomplish-
ment of the conservation plan.
(5) Prevention, control, and correction of the
erosion of soils, beaches and shores.
fiProtection of watersheds.
The location, quantity and quality of the
rock, sand~and gravel resources."
California Government Code Sections 65800--65912
Authority for' adoption of zoning regulations
throughOu~ the city. '(See E~hibit "A~2".)
Public Resources Code Sections 21060--21i74--Envi'rom~ental Quality
Act of 1970, as amended;.Catifornia, Administrative Code'Sections
15000--15166.
Based upon NEPA 42 USC Sections 4321 et seq.,
" this is a California counter part of the.
National Environmental. Quality Act. Recently
amended as o~ FebrUary, 1973. Provides a
complete procedure for environmental impact
reports on all public projects, and all private
projects where the city exercises any discretion
in granting .approval, including zoning, planned
subdivisions and site approValfor individual sites,
use perairs, excavation and grading permits, and
.adoption and revising the general and specific plans.
(See Exhibit "A-3".)
California Subdivision Map AcT--Business and ProfesSion, Code Sections
11500--11640.
Requirements for subdivision development and
authority for local subdivision regulations, and
placing the contrQ1 of the design and,improvement
of all subdivisions exclusively within the jurisdiction
of the lo~al agency. '.
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EXHIBIT "A"
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SPECIFIC CIT%..REGULATIONS ~ EXHIBIT NO.
Saratoga General Pian--1970 A-1
Articles 1 and 1'3, Zoning~Ordinance NS-3 A-2
Enviromaental Impact Report Regulations,
Resolution No. 653 A-3
Sections 2.4-2(d), 3.7, 4..3-'1,'4.3-2,
4.8, 6, and 10.1 through '10.6 Ordinance
NS-5, Subdivision Ordinance A-4
Articles 1, 2, 5 and 6, Chapter III,
Saratoga City Code
Requires building permits,'and
adopts 1970 edition of the
Uniforra Building Code, with
modifications, including adoption
of Chapter 70,'"Excavating and
Grading", and requiring preliminary
soil reports in subdivision develop-
ment. A-5
Ordinance No. 38.40, adding.certain p~ovisions
to the Saratoga City Code relating.~o.specifi~
drainage of building sites ~o A-6
Flood control--drainage problem questionnaire
required to be filled out and'filed by all
persons claiming any flooding problem within
the city . A-7
The minimum requirements of Section 1910.3.(a) 'and 19!0.4(a), relating
to review, analysis, and permit' requirements for .areas of flood.
hazard and/or mudslide hazard are most specifically covered by
Exhibits A-4 .and A-5 hereinabove. !'
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