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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, -1- 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. f 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 -2- '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 Cit ' '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: ,-3- 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. '. '1- EXHIBIT "A" @ 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. !' -2-