HomeMy WebLinkAbout1998-08-10 City Council (28)TO:
ATTN:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
POLICY AND SERVICES COMMITTEE
CITY MANAGER DEPARTMENT: PUBLIC WORKS
1
DATE:AUGUST 10, 1998 CMR:321:98
SUBJECT:ADOPTION OF NEW FEDERAL EMERGENCY MANAGEMENT
AGENCY FLOOD INSURANCE RATE MAP FOR SAN
FRANCISQUITO CREEK AND REVISIONS TO THE CITY’S FLOOD
HAZARD REGULATIONS (PALO ALTO MUNICIPAL CODE
CHAPTER 16.52)
REPORT IN BRIEF
The report describes modifications to PAMC Chapter 16.52 recommended by staff to clarify
the procedure for review of building permit applications in the Special Flood Hazard Area.
Due to the complexity of the issue and the level of concern in the local development
community regarding the proposed changes, the report recommends that Council refer the
regulation changes to the Policy and Services Committee for review.
The report also provides an implementation schedule for Council adoption of a new Federal
Emergency Management Agency Flood Insurance Rate Map (FIRM) for San Francisquito
Creek and related revisions to the City’s Flood Hazard Regulations (Palo Alto Municipal
Code [PAMC] Chapter 16,52), The report describes staff’s intent to conduct a public
outreach campaign targeting property owners who would be affected by the new FIRM, The
outreach campaign would be timed to give thepublic at least 60 days notice prior to the
Council adoption of the new FIRM.,
CMR:321:98 Page 1 of 6
RECOMMENDATION
Staff recommends that Council refer to the Policy and Services Committee the attached
ordinance revising the City’s Flood Hazard Regulations (Palo Alto Municipal Code Chapter
16.52) with respect to development review procedures.
BACKGROUND
On September 29, 1997, staffreported to Council (CMR:402:97), that FEMA had completed
its study of San.Francisquito Creek and had submitted to the City a preliminary copy of the
revised Flood Insurance Rate Map (FIRM). In response to concerns about the accuracy of
the map, on December 8, 1997, Council directed staffto prepare an appeal of the revised San
Francisquito Creek FIRM and to hold a community meeting to present the revised map to the
public for review and comments (CMR:487:97). On December 27, 1997, staff contracted
with Nolte and Associates to conduct an independent review of the revised FIRM and, on
March 26, 1998, held a community meeting. On May 11, 1998, Council directed staffto
submit a map appeal to FEMA based upon Nolte’s analysis and to prepare a plan for
adoption of the new FIRM. Council directed staffto continue enforcing the current FIRM
until the FEMA appeal was resolved and to provide the public with ample advance notice
prior to enforcing the new FIRM.
FEMA and the State Department of Water Resources (DWR) periodically Conduct
"Community Assistance Visits" (CAV) to audit the floodplain management practices of
communities participating in the National Flood Insurance Program (NFIP). In Fall 1995,
DWR staff conducted a CAV with the City of Palo Alto. Although several minor concerns
were identified by DWR staff during the audit, they concluded that the City is in general
compliance with the NFIP requirements. One of the required follow-up actions is the
revision of the City’s Flood Hazard Regulations (Palo Alto Municipal Code [PAMC] Chapter
16.52) in order to conform with the State’s current model ordinancel The regulation changes
have been postponed to date, pending resolution of the FIRM revision process. Staff
recommends that the required changes to the Flood Hazard Regulations be approved by
Council when the new FIRM is adopted. In addition to the regulation changes required by
DWR, staff would like to take the opportunity to propose further regulation changes
clarifying the procedures for staff review of building permit applications in the Special
Flood Hazard Area. The complete .set of proposed regulation changes are described in this
report.
DISCUSSION
Adoption of the new FEMA Flood Insurance Rate Map and required revisions to PAMC
Chapter 16.52
On May 28, 1998, staff submitted an appeal of FEMA’s preliminary FIRM, based upon the
floodplain analysis performed by Nolte and Associates. Nolte’s analysis resulted in a net
increase of 180 properties within the San Francisquito Creek floodplain as compared to
CMR:321:98 Page 2 of 6
FEMA’s preliminary FIRM. FEMA is currently reviewing the merits of the City’s appeal
and will issue its findings in the form of another preliminary FIRM no later than August 26,
1998. Staff is monitoring FEMA’s review and has provided additional information and
clarifications as required.
Attachment A summarizes the estimated timeline for subsequent action on the FIRM and
related matters. Following the receipt of FEMA’s resolution of the City’s appeal, the City
will have thirty days to review the preliminary FIRM to check for clerical errors or
omissions. Once the City returns its comments, FEMA will issue a Final Elevation
Determination (FED) letter, which finalizes the map revision process.
The FED letter is an important milestone in FEMA’s map revision process, since it finalizes
the boundaries of the Special Flood Hazard Area on the FIRM and establishes an "effective
date" for the new FIRM. Following the FED letter, the only remaining step in the mapping
process will be the printing of the new FIRM by the Government Printing Office, which
takes approximately six months. The "effective date" of the FIRM will be the date printed
on the new maps and will be the date on which the mandatory flood insurance requirements
take effect for newly mapped properties. The effective date of the FIRM is six months
following the FED letter to allow for the printing of the maps. The City is required to adopt
the new FIRM by revising its Flood Hazard Regulations (PAMC Chapter 16.52) by no later
than the FIRM’s effective date. Once the new FIRM and regulations are adopted by Council,
staff will begin the enforcement of the special flood-related building requirements (e.g.,
mandatory construction of building floors above the base flood elevation for all new
construction and for substantial improvements to existing buildings) on the newly mapped
properties.
The Council adoptionof the new FIRM will be accomplished through the approval of an
ordinance, which requires two separate readings, followed by a 31-day waiting period prior
to the ordinance effective datel The ordinance will also incorporate the revisions to the Flood
Hazard Regulations required as a result of the 1995 Community Assistance Visit by the
California Department of Water Resources. The revisions are minor in nature and will not
necessitate any changes to City policy or staff practices. The changes are highlighted with
"redline" and "strike out" fonts in the attached ordinance (Attachment B).
At its May 11, 1998 meeting, Council directed staffto provide the public with ample advance
notice prior to using the new FIRM to enforce the flood-related special building requirements
for development projects. Staff believes that 60 days is an adequate amount of advance
notice in this case, especially considering all of the publicity surrounding this issue over the
past year. On March 26, 1998, staff held a public meeting to discuss the proposed map
changes and schedule with the affected property owners. Staff feels this meeting was
successful in relaying the proposed map changes to the property owners and that another
CMR:321:98 Page 3 of 6
meeting is not necessary. Upon receipt of the FED letter from FEMA, staff intends to
conduct an extensive public outreach effort consisting of a press release and direct mailings
to the property owners affected by the new FIRM. The outreach materials will describe the
floodplain boundary changes and explain the implications of being included in the
FEMA-designated floodplain on the new FIRM. The approval process for adoption of the
new FIRM will be timed such that the new FIRM will take effect no sooner than 60 days
after the public outreach campaign. All building permit applications received after the date
of the map adoption by Council will be subject to review using the new FIRM.
Consideration of further revisions to PAMC Chapter 16.52
The required revision of the Flood Hazard Regulations provides a timely opportunity to
clarify the procedure for staff review of building permit applications in the Special Flood
Hazard Area (SFHA). This review procedure has been challenged by a permit applicant.
The challenge is related to staff’s interpretation of PAMC Chapter 16.52 with .respect to
remodeling projects, specifically, the methodology used by staff to establish the value of
existing commercial buildings.
PAMC Chapter 16.52 contains special building requirements that apply to new construction
and "substantial improvement" of existing structures within an SFHA. A "substantial
improvement" is defined as any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds fifty percent of the market value of the existing structure.
In order to ascertain whether proposed improvements to an existing structure constitute a
substantial improvement subject to the special building requirements, Public Works staff
reviews each project by comparing the cost of the improvements with the market value of
the existing structure. The project cost is taken from information provided by the applicant
on the building permit application form. Neither PAMC Chapter 16.52, the model ordinance
on which it is based, nor the underlying FEMA regulations contain a definition for "market
value." With guidance from local FEMA officials, Public Works staff developed aprocedure
for determining the market value of structures using the depreciated replacement Cost
approach. Market value is calculated by multiplying the replacement cost per square foot by
the existing building square footage and then multiplying the product by a depreciation factor
that is dependent upon the age of the building. This market value formula has been
consistently applied to all commercial building permit applications reviewed by Public
Works. On the disputed building permit application, questions arose regarding staff’s
methodology for determining market value. The specific inquiry pertained to the use of an
income-based appraisal to establish market value, as an alternative to depreciated
replacement cost. Income-based appraisals, which are typically significantly higher than
depreciated replacement cost figures, are based upon the rental income generated by the
building. FEMA staffhave provided written guidance to the City disallowing the use of the
income-based approach to market value determination.
CMR:321:98 Page 4 of 6
In addition to the questions about "market value," there have been recent inquiries from
permit applicants regarding staff’s method for calculating the cost of proposed building
improvements. The cost of the improvements is the numerator in the calculation used to
determine whether or not a particular project is considered a substantial improvement.
Specifically, the questions pertain to language in the existing Flood Hazard Regulations that
allows staff to exclude from the substantial improvement calculation the cost of"any project
for improvement of a structure to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure safe living conditions."
Citing this code section, applicants have asked staff to exclude such items of work as fire
sprinklers and seismic upgrades from the cost of their projects in an attempt to keep the total
project cost below the substantial improvement threshold. FEMA officials have advised staff
that it may only exclude those costs for work to correct pre-existing code violations that
make the structure uninhabitable.
In order to clarify the process for screening building permit applications for compliance with
the City’s Flood Hazard Regulations, staff has prepared a draft ordinance that adds a
definition for the term "market value" to the regulations and modifies PAMC Section
16.52.040(36) to clarify the allowable exclusions for health, sanitary, or safety code
requirements in the substantial improvement calculation (Attachment C). Staff’s proposed
ordinance is consistent with FEMA’s written guidance and has been reviewed and approved
by local FEMA and DWR officials. Staff has met with Chamber of Commerce
representatives, affected commercial property owners, and developers to describe the
proposed revisions to PAMC Chapter 16.52 and has solicited their input. During meetings
held on April 8 and May 30, 1996, the attendees expressed concerns with the proposed
changes to the regulations and asked staff to clarify several issues with FEMA
representatives. A follow-up meeting was held on April 16, 1997 to report on FEMA’s
responses to the City’s inquiries, but staff was unable to obtain consensus from the attendees
on the proposed regulation changes. Due to the complexity of the issue and the level of
concern in the local development community, staff recommends that Council refer the
proposed ordinance to the Policy and Services Committee for review.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies. The proposed changes
to PAMC Chapter 16.52 recommended for referral to the Policy and Services Committee
would formalize current staff practices regarding review of building permit applications for
properties located within a FEMA-designated Special Flood Hazard Area.
TIMELINE
A proposed timeline for the Council adoption of the new Flood Insurance Rate Map and
associated public outreach is attached (Attachment A).
CMR:321:98 Page 5 of 6
ENVIRONMENTAL REVIEW
Council’s consideration of an implementation schedule for adoption of a new FEMA Flood
Insurance Rate Map and revisions to the Flood Hazard Regulations is not a project for
purposes of the California Environmental Quality Act (CEQA).
ATTACHMENTS
A -Proposed timeline for Council adoption of new Flood Insurance Rate Map
B -Proposed revisions to PAMC Chapter 16.52 (adoption of new Flood Insurance
Rate Map and required regulation changes)
C -Proposed revisions to PAMC Chapter 16.52 (clarifications to development
review process)
PREPARED BY: Joe Teresi, ~enigr Engineer _.
DEPARTMENT HEAD:~L/,~
GLENN ROBERTS
’Public Works
CITY MANAGER APPROVAL:
FLEMING
City Manager
Ken Nauman, FEMA
Ray Lenaburg, FEMA
Kristen Kingsley, California Department of Water Resources
Kay Whitlock, Santa Clara Valley Water District
Randy Talley, Santa Clara Valley Water District
Ruben Nifio, City of Menlo Park
Mahendar Chima, City of East Palo Alto
Pat Showalter, San Francisquito Creek CRMP Coordinator
Cathy Lehrberg, Crescent Park Neighborhood Association
Kevin Fisher, Duveneck Neighborhood Association
Raymond Hebert, St. Francis Neighborhood Association
Warren Kallenbach, Community Center Neighbors Association
Laura Alms, Peninsula West Valley Realtors Association
John Paul Hanna
Susan Frank, Palo Alto Chamber of Commerce
Demetrios Triantafyllou, Space Systems Loral
Loren Brown, Vance Brown, Inc.
Dan McGanney, California Pacific Commercial Corp.
Dave Ross, Jack and Cohen Builders
Rick Stultz, Innovest
CMR:321:98 Page 6 of 6
ATTACHMENT B
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CIT~ OF PALO ALTO
TO ADD SECTION 16.52.165 AND TO AMEND SECTIONS
16.52.020,16.52.040, 16.52.060,16.52.100,
16.52.110,16.52.120,16.52.130,16.52.150,
16.52.170,16.152.180, 16.52.190 AND 16.52.200 OF
CHAPTER 16.52 OF TITLE 16 OF THE PALO ALTO
MUNICIPAL CODE TO CONFORM TO CURRENT MINIMUM
STANDARDS OF THE NATIONAL FLOOD INSURANCE PROGRAM
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. Section 16.52.020 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.020 Purpose.
This chapter is adopted in order to comply with the
National Flood Insurance Program (NFIP) (implementing the National
Flood Act of 1968, as amended), and federal regulations adopted
thereunder for the purposes of promoting public health, safety and
general welfare and to minimize public_ and private losses due to
flood conditions in specific areas by provisions designed:
(a) To protect human life and health;
(b) To minimize the need for costly flood control
projects, and to supplement the effectiveness of such project;
(c) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
(f) To help maintain a stable tax base by providing for
the ~~ use and development of areas of special flood
hazard so as to minimize future blight areas;
(g) To ensure that potential buyers are notified that
property is in an area of special flood hazard; and
(h) To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
1980804 syn 0070890
SECTION 2. Section 16.52.040 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.040 Definitions.
The ........~ ..........~ .....hereaft ........govern
interpretation of ~-~= terms~=~±~=~’~ for ~-~= purposes of ~-
.........p~ ....................~~,exce ere-th~ontext
~ in ~ cha ot in ~rl-s--s-e~Aon I
~]terpreted so as to give ........~=~L~ ~= meaning they have in coK~on
t~sage and to give ....~±o chapter±~s most remsonable~u=~7.
~i(~i}~i "Appeal" means a request for a review of the
floodplain administrator’s interpretation of any provision of this
chapter or a request for a variance.
~.:~!i[i "Area of shallow flooding, means a
designated A~i AH ~r VO zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident.
flood hazard area."
Area of Special Flood Hazard.See "Special
~iJ-iii!i!~iii!ii "Base flood" means the flood having a one
percent chance of being equaled or exceeded in any given year (also
called the "one hundred-year flood").
~i!i~iill "Basement" means any area of the building
have its floor subgrade (below ground level) on all sides.
~J-iiii~ii ~Breakaway walls" ~ ~ any type ofwalls, whether solid or lattice, and whether constructed of
concrete, masonry, wood, metal, plastic or any other suitable
building material which is not part of the structural support of
the bhilding and which is designed to break away under abnormally
high tides or wave action without causing any damage to the
structural integrity of the building on which they are used or any
buildings to which they might be carried by floodwaters. A
breakaway wall shall have a safe design loading resistance of not
less than ten and no more than twenty pounds per square foot. Use
of breakaway walls must be certified by a registered engineer or
architect and shall meet the following conditions:
-~l~-i!!~!i! Breakaway wall collapse shall result
from a water load less than that which would occur during the base
flood; and
980804 syn 0070890
~ii~i~ii The elevated portion of the building
shall not incur any structural damage due to the effects of wind
and water loads acting simultaneously in the event of the base
flood.
~i~iiii "Coastal high hazard area" is the area
subject to high velocity waters, including coastal and tidal and
inundation or tsunamis. The area is designated on a Flood
Insurance Rate Map (FIRM) as Zone VI-V30, VE or V.
~n~iiii~iiii "Development" means any manmade change to
improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling ope atlons ~.~.
~-i-~ili~}iii "Flood" or "flooding" means a general and
temporary condition of partial or complete inundation of normally
dry land areas from~~i! the overflow of floodwaters, ~ii~iiii the
unusual and rapid accumulation or runoff of surface waters from any
source, and/or %~3-~[ the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in this
definition.
~iiii:~.i:~i[. "Flood boundary and floodway map" means the
official map on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the areas of
flood hazard and the floodwaY.
~iii~iiiii "Flood insurance rate map (FIRM)" means the
official map on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the areas of
specia! flood hazard and the risk premium zones applicable to the
community.
~!!i~.::~!!ii "Flood Insurance Study" means the official
report provided by the Federal Insurance Administration that
includes flood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
-(’m-)-!i!.~!!~!!!i "Floodplain or flood-prone area" means any
land area susceptible to being inundated by water from any source
ii(i !) iili
980804 syn 0070890
"Floodplain management" means the operation
of an overall program of corrective and preventive measures for
reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management
regulations.
"Floodplain management regulations" means
zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and
other applications of police power. The term describes such state
or local regulations in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
~i!i~ii~!~i! "Floodproofing" means any combination of
structural and nonstructural additions, changes or adjustments to
~~~ structures which reduce or eliminate flood damage
to real estate or improved real property, water and sanitary
facilities, structures and their contents¯
channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the baseflood without
cumulatively increasing the water surface elevation more than one
foot ................. "
~-rJ-iiiii~i~i!i!i "Functionally dependent use" means a use
which ~:~i~.i.!ii~[~i~i..i~~:.~iiiiiiii~~i!i!iii~ cannot ~ perfor~ ~s int ended
~unless it is located or carried out in close proximity to
water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or
passengers, and shipbuilding and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
~iii~,iii "Highest adjacent grade" means the highestnatural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
980804 syn 0070890 4
~iii~ii!! "Lowest floor" means the lowest floor ofthe lowest enclosed area~i.i ~including basement~ ~iiiiiii!~~iii[ii~
~-:. i!~[iiAn unfinished or flood resistant
enclosure7 usable solely for parking
of vehicles, building access or storage in an area other than a
basement are&~i., is not considered a building’s lowest floor provided
~-u~-~ zn ~-~-~zon of ~.~" applicable non-elevation design
r equi r emen t si.~!!" .
~ii!~:~!!i "Manufactured home" means a structurei~:i
transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a
permanent foundation when t~~i~i~i~.~ to the required
utilities. ’ ~he term
"manufactured home" ~i ..... ,
.~@-iiii~ii!! "Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for sale or rent.
~!ilii~{~ii "Mean sea level" means, for purposes of
the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929. or other datum, to which base flood
980804 syn 0070~90
5
elevations shown on a community’s Flood Insurance Rate Map are
referenced.
%~x~!i!iI "New construction"~i rme~rrsv--,for floodplain
management purposes, ~{~ structures for which the "start of
construction" commenced on or after the effective date of ~
floodplain management regulationi:~i adopted by this communit~!ii~
w~J-~!~:~ili "One hundred year flood" or "100-year flood"
means a flood which has a one percent annual probability of being
equaled or exceeded. It is identical to the "base flood," which
will be the term used throughout this chapter.
~-zJ-!!.i~[i "Person" means an individual or his agent,
firm, partnership, association or corporation, or agent of the
aforementioned groups, or this state or its agencies or political
subdivisions.
~-a-a@-i~j! "Remedy a violation" means to bring the
structure or other development into compliance with state or local
floodplain management regulations, or, if this is not possible, to
reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement
provisions of this chapter or otherwise deterring future similar
violations, or reducing federal ~iii~! financial exposure with
regard to the structure or other development.
-~iiiii~i)i! "Riverine" means relating to, formed by, or
resembling a river (including tributaries), stream, brook, etc.
~-c~i((i~ii!i "Sand dunes" means naturally occurring
accumulations of sand in ridges or mounds landward of the beach.
~iii~i)ii "Special flood hazard area (SFHA)" means an
area having special flood or flood-related erosion hazards, and
980804 syn 00708~
shown on an FHBM or FIRM as Zone A, AO, AI-30, AE,
VI-30, VE or V~
~-e~J-i~ii "Start of construction" includes substantial
improvementT ~iiii~i~ ~~i!!i~~~ and means the date
the building permit was issued, provided the actual start of
construction, repair, reconstruction,
placement, or other improvement was within ’
days ::~!i!!i!!~iiiiii~ of the permit d-~be. The actual start means
either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main structure.
~ili!i~!~ii~!ii "Structure" means a walled and roofed
building, including a gas. or liquid storage tank, that is
principally above ground, as well as a manufactured home.
~{~{~i~.iii "Substantial improvement" means any ~,
reconstruction, ~ i~,p~-ovement ~i~,~!i~!~~!!jlii!~i~i~{~!~!iii!!ii~!iiii~:~
~~[!~ii~i~i~~ of a structure, the cost of which equals
or exceeds ~ 50 percent of the market value of the structure
(2) ’
or no~---tha~
The
term does not, however, include either:
980804 ~yn 0070890
7
(A) Any project for improvement of a structure
local health, sanitary, or safety code specifications which ~r~
or
(B) Any alteration of a ~i~!iiii!structure~i~ii
~atio~al Register- ....: ........aces o~ a ~ ....u~ ~±~om±~ =~. State Inven=-~ of
~i~i~i "Variance" means a grant of relief from
the requirements of this chapter which permits construction in ,a
manner that would otherwise be prohibited by this chapter.
~i~_ "Violation" means the failure of a
structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or
other development without the ~~~i~ certificate,
other certifications, or other evidence of compliance required in
this chapter is presumed to be in violation until such time as that
documentation is provided.
SECTIQN 3. Section 16.52.060 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.060
of special flood hazard--a~ea~.
The areas of special flood hazard identified by the
Federal Insurance ~Administration ~~n--~! the Federal Emergency
Management Agency in m~cientific and engineering report entitle~
~:..~he..... . Flood Insurance Studyi~!:~ fo~ ....~~ ............. ~ =~ ~, " dated
~surance r~ate ~aps is adopted by
The Flood Insurance
1-~ on file at the
department of public works of the City of Palo Alto, 250 Hamilton
Avenue, Palo Alto, California.
8
SECTION 4. Section 16.52.100 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.100 Disclaimer of liability.
The degree of flood protection required by this chapter is.
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods than
those upon which these regulations are based can and will occur on
rare occasions. Flood heights may be increased by manmade or
naturalcauses. This chapter does not imply that land outside the
areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the City, any officer
~~!~iii[i[!i~ iii!!i~!~ the Federal Insurance Administration, for any
flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder. All persons
performing any construction within the city should and are advised
to determine to their own satisfaction the level of flood
protection in addition to that required by this chapter necessary
or desirable to insure protection of their property.
SECTION 5. Section 16.52.110 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.110 Development permit required.
A development permit shall be obtained before construction
or development begins within any area of special flood hazard
established by Section 16.52.060~ Applications for a development
permit shall be made with the chief building official on forms
consistent with those provided by the floodplain administrator and
upon such application as may be specified by the chief building
official. In the case of any construction or development for
which a permit such as a building, electrical, plumbing or grading
permit is otherwise required by this title, s~i~-~ permit shall
constitute the development permit for the project and no separate
application shall be required. In such event, the provisions of
this chapter shall be complied with and the course of issuance of
such permit and such permit shall be conditioned upon such
provisions as may be required by this chapter. In addition to any
other requirements, the chief building official may require the
submission of such materials as are necessary to insure compliance
with the provisions of this chapter, which may include, but shall
not be limited to: plans in duplicate drawn to scale showing the
nature, location, dimensions and elevations of the area in
question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing.
In all cases, the following information shall be required:
980804 syn 0070890
9
(a ,oi-~ to mean sea ~=v~±, u~
¯ ~ i~o~em~-~t) of ~
in Zone ~" of "’~ elev~ ~- hi .................
~h@-iiii~iil[ ’Proposed elevation in relation to mean sea level
structure will be floodproo
J~z~ri.ii~ !ii All appropriate certifications
subsection (d) of Section 16.52.120; and
listed in
%~-kili.~iill Description of
watercourse will be altered or
proposed development.
the extent to which any
relocated as a result of the
~ECTION 6. Section 16.52.120 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
administrator.
Designation and duties of the floodplain
i0
The city engineer is appointed to administer and implement
this chapter by granting or denying development permits in
accordance with its provisions, and shall be known as the
floodplain administrator. The duties and responsibilities of the
floodplain administrator shall include but not be limited to
the following:
(a)Permit review.
(i Review all development permits to determine
that the permit requirements of this chapter have been satisfied;
(2
been obtained;
All other required state and federal permits have
(3 The site is reasonably safe from flooding;
(4 The proposed development does not adversely
affect the carrying capacity of areas where base flood elevation~
h-~s~ been determinedT but a floodway has not been designated.
For purposes of this chapter,"adversely affects" means that the
cumulative effect of the proposed development when combined with
all other existing and anticipated development will n~increase
the water surface elevation of the base flood more than one foot at
any point.
(b) Use of other base flood data.
When base flood elevation data ~~! not been provided,
in accordance with Section 15.S2.0G0 ~ii~i~ii~i~i~’~~, the floodplain
administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal,
state or other source, in order to administer the standards of
construction, standards for utilities, standards ~for subdivisions,
standards for manufactured homes, provisions relating to floodways
and provisions relating to coastal high hazard areas provided in
this chapter.
(c)Whenever a watercourse is to be altered or relocated:
(i) Notify adjacent communities, the Santa ClaraValley Water District, and the £~ai-e--~i~:~:!~~ Department of
Water Resources 9o~prior to ~nny-~i~ alteration or relocation of
a ~i~i~, and submit evidence of such
notification ~ to the Federal Insurance Administration i!i!i
(2) Require that the flood-carrying capacity of the
altered or relocated portion of said watercourse is maintained.
980804 syn 0070890
11
(d) Obtain and maintain for public inspection and .make
available as needed:
(i) The certifications required in subdivision (i) of
subsection (c) of Section 16.52. 130 ~~iiii~Jii!i~~~!!ii;
(2) The certification required in subdivision (2) of
subsection (c) o f Section 16.52.130 ~i!!~~i!ii.~i~!ii!~~!~.:!!~ :.~
(3) The certification required in paragraph (C) of
subdivision (3)of subsection (c)of Section 16.52.130
(4) The certification required in paragraph (A) or
~i~:~ (B) of subdivision (4) of subsection (c) of Section16.5 2.13 0
(5) The certified elevation required in subsection
(b) of Section 16.52.150
(6) The certification required in subsection (a) of
Section 16.52.170 iiii~~i!iii~~ ~:~iiil; and
(7) The information required in subsection (f) of
S e c t i on 16.52.180 ii~i~~i[iiiiiii~
(e) Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazardsi~!
The person contesting the location of
the boundary shall be given a reasonable opportunity to appeal
the interpretation as provided hereinafter.
(f) Take action to remedy violations of this chapter as
specified in Section 16.52.070.
SECTION 7. Section 16.52.130 Of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.130 Stmndmrds of construction.
In all areas of special flood hazards the following
standards are required:
(a)Anchoring.
(i) All new construction and substantial
improvements shall be anchored to prevent flotation, collapse or
12
9~0~04 ~n ~70~
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall meet the anchoring
standards of Section 16.52.160.
(b)Construction materials and methods.
(i) All new construction and substantial improvements
s all be constructed with ~:~~!S~£: materials ~!~i!~~[~iiiii~
resistant to flood damage.
(2) All~new construction and substantial improvements
shall be constructed using methods and practices that minimize
flood damage.
(3) All new construction and substantial improvements
shall be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
(4) Require within Zones AH~ ~ A0 ~, adequate
drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
(c)Elevation and floodproofing.
(i) New construction and substantial improvement of
any structure shall have the lowest floor, including basement,
elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in subdivision (3) of this
subsection. Upon the completion of the structure the elevation of
the lowest floor including basement shall be certified by a
registered professional engineer or surveyor, mm-~ verified by ~
the--community building inspecto~ ~i~!~! to be properly elevated.
Such certification ~m--~i~ verification shall be provided to the
floodplain administrator.
(2) New construction and substantial improvement of
any structure in Zone ~AO-~m--%~9--shall have the lowest floor,
including basement, elevated above the highest adjacent grade at
least as high as the depth number specified in feet on the FIRM, or
at least two feet if no depth number is specified. Nonresidential
structures may meet the standards in subdivision (3) of this
subsection. Upon the completion of the structure the elevation of
the lowest floor including basement shall be certified by a
registered professional engineer or surveyor, 0%--~i~ verified by
~e~ community ’ ’ ’ ~i~!~~ ’~~i ...... be properly
980804 syn 0070890
13
elevated. Such certification om--~ verification shall be provided
to the floodplain administrator.
(3) Nonresidential construction shall either be
elevated in conformance with subdivision (I) or (2) of this
~section or together with attendant utility and sanitary
facilities:
~iii!~)il Be floodproofed so that below the base
flood level the structure is watertight with walls substantially
impermeable to the passage of water;
~]:!~i~i!il Have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
w~-~r!i!i~i!iii Be certified by a registered
professional engineer o-z~a~}~be~T that the standards of this
subsection are satisfied. Such certifications shall be provided to
the floodplain administrator.
(4)~=~u±r -fo~- ~ll new construction and
substantial improvements, ~n-~4:-~ fully enclosed areas below the
lowest floor iiii~~i[ilili~i~£~i~i that
subject to flooding shall be designe~ to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this
requirement must e~=~ be~=~=~ ..... by a regi~red professional
~[[[~: or exceed the following minim~ criteria:
(A) ~~ a minimum of two openings having
atotal net area of not less than one square inch for every square
foot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit the automatic
entry and exit of floodwaters; or
(5) Manufactured homes shall also meet the standard in
section 16.52.160.
~ECTION 8. Section 16.52.150 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
980804 syn 0070890
14
16.52.150 Standards for subdivisions.
(a) All preliminary subdivision proposals shall identify
the ~i~ flood hazard area and the elevation of the base flood.
(b) Al! {~~subdivis ion plans will provide the
elevation of proposed structure(s) and pa@i~isi$i~i. If the site is
filled above the base flood7 ~i~~ii!i!i~iiii~ii~i~ii:i:i~i~ iiii~ th~
final pad elevation~ shall be certified by a registered
professional engineer or surveyor and provided to the floodplain
administrator.
(c) All subdivision proposals shall be consistent with
the need to minimize flood damage.
(d) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage.
(e) All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
SECTION 9. Chapter 16.52 of Title 16 of the Palo Alto
Municipal Code is hereby amended to add a new section 16.52.165 to
read as follows:
SECTION i0. Section 16.52.170 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.170 Floodways.
Located within areas of special flood hazard established in
Section 16.52.060 are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
15980804 syn00708~
floodwaters which carry debris, potential projectiles, and erosion
potential, the following provisions shall apply:
(a) Prohibit encr0achments, including fill, new
construction, substantial improvements, and other development
unless certification by a registered professional engineer ~
~ is provided demonstrating that encroachments shall not
result in any increase in flood levels during the occurrence of the
base flood discharge.
(b) If subsection (a) of this section is satisfied, all
new construction and substantial improvements shall comply with all
other applicable flood hazard reduction provisions of Section
16.52.130, 16.52.150, 16.52.160 and 16.52.180.
SECTION Ii. Section 16.52.180 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.180 Coastal high hazard areas.
Within coastal high hazard areas established in Section
16.52.060 the following standards shall apply:
(a) All new construction and substantial improvements
shall be elevated on adequately anchored pilings or columns and
securely anchored to such pilings or columns so that the lowest
horizontal portion of the structural members of the lowest floor
(excluding the pilings or columns) is elevated to or above the base
(b) All new construction ~:!!.ili~!::!!i!~ : shall be
located on the landward side of the reach of mean high tide.
(c) All new construction and substantial improvements
shall have the space below the lowest floor free of obstructions or
constructed with breakaway walls. Such temporarily enclosed space
s~ ~o.~ be Used for h~an habitation
(d)
buildings.
Fill shall not be used for structural support of
(e) Manmade alteration of sand dunes which would increase
potential flood damage is prohibited.
(f) The floodplain administrator shall obtain and maintain
the following records:
980804 syn 0070890
16
(i) Certification by a registered engineer or
architect that a proposed structure complies with subsection (a) of
this section; ~
(2) The elevation (in relation to mean sea level) of
the bottom of the lowest structural member of the lowest floor
(excluding pilings or columns) of all new and substantially
improved structures, and whether such structures contain a
basement.
SECTION 12. Section 16.52.190 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.190 Appeal officer.
(a) The city manager or ~~ designee shall hear and
decide appeals and requests for variances from the requirements of
this chapter.
(b) The city manager shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or
determination made by the floodplain administrator in the
enforcement or administration of this chapter.
(c) In passing upon such applications, the city manager
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter, and:
(i) The danger that materials may be swept onto other
lands to the injury of others;
(2) The danger of life and property due to flooding
or erosion damage;
(3) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
~:~ i n di v i du a i own e r ~!il}!i~~iiiii~~ii:!i~:~ii!:i~iiiii~i.~~;
(4) The importance of the services provided by the
proposed facility to the community;
(5) The necessity to the facility of a waterfront
location, where applicable;
(6) The availability of alternative locations for
the proposed ’ ’
(7) The compatibility of the proposed use with
existing and anticipated development;
980804 syn 0070890
17
(8) The relationship of the proposed use to the
comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in time of
flood for ordinary and emergency vehicles;
(i0) The expected heights, velocity, duration, rate of
rise, and sediment transport of the floodwaters expected at the
site; and
(ii) The costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical,
and water system, and streets and bridges.
(d) Generally, variances’ may be issued for new
cons t ruct i one!I ~ sub s t an t i a i imp r o vemen t ~!iiiii~ii~i~iiii~~i~iiiiiii~
~~~ to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures
constructed below the base flood level, provided items (c) (i)
size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
(e) Upon consideration of the factors of subsection (c)
of this section and the purposes of this chapter, the city manager
may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this chapter.
(f) The floodplain administrator shall maintain th~
records.of all appeal actions and report any variances to the
Federal Insurance Administration upon request.
SECTION 13. Section 16.52,200 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.200 Conditions for variances.
(a) Variances may be issued for the
rehabilitation i~,~ of st~uc ’
’ e~- of ~’-’ .....; -
980804 syn 0070890
18
(b) Variances shall not be issued within any designated
floodway if any such increase in flood levels during the base flood
discharge would result.
(c) Variances shall only be issued upon a determination
that the variance is the minimum necessary,~ considering the flood
hazard, to afford relief.
(d)Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(2) A determination that failure to grant the
variance would result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public,~ or conflict with
existing local laws or ordinances.
(e) Variances may be issued for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that the
provisions of subsections (a) through (d) of this section are
satisfied and that the structure or other development is protected
by methods that minimize flood damages during the base flood and
create no additional threats to public safety.
(f) Any applicant to whom a variance is granted shall be
given written notice ~uctu~-e -:~±~ be pe~-mitted’"’to be
~v=~ and t~~ cost of =~- ’ ’
copy of the notice shall be recorded by the floodplain ~
~~i~ in the office of the Santa Clara county recorder and
980804 syn 0070890
shall be recorded in a manner so that it appears in the chain of
title of the affected parcel of land.
SECTION 14. The City Council finds that there is no
possibility that this ordinance will have a significant effect on
the environment and upon that basis determines that no
environmental assessment is required.
SECTION 15. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Public Works
9~0~04 syn 0070~90
2O
ATTACHMENT C
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 16.52.040 OF CHAPTER 16.52 OF
TITLE 16 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE
CERTAIN DEFINITIONS IN THE FLOOD HAZARD
REGULATIONS
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION I. Section 16.52.040 of Chapter 16.52 of Title 16
of the Palo Alto Municipal Code is hereby amended to read as
follows:
16.52.040 Definitions.
(a) Throughout this title, the following words and phrases
shall have the meanings ascribed in this section.
(i) ~Appeal" means a request for a review of the
floodplain administrator’s interpretation of any provision of this
chapter or a request for a variance.
(2) ~Area of shallow flooding" means a designated
AOR. AH zone on the Flood Insurance Rate Map (FIRM). The base
flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
(3) Area of Special Flood Hazard.
hazard area."
See "Special flood
(4) "Base flood" means the flood having a one percent
chance of being equaled or exceeded in any given year (also called
the none hundred-year flood").
(5) "Basement" means any area of the building have
its floor subgrade (below ground level) on all sides.
(6) "Breakaway~ walls" means any type of walls,
whether solid or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the
building and which is designed to break away under abnormally high
tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any buildings
to which .they might be carried by floodwater. A breakaway wall
980804 syn 0071491
shall have a safe design loading resistance of not less than ten
and no more than twenty pounds per square foot. Use of breakaway
walls must be certified by a registered engineer or architect and
shall meet the following conditions:
(A) Breakaway wall collapse shall result from
a water load less than that which would occur during the base
flood; and
(B) The elevated portion of the building shall
not incur any structural damage due to the effects of wind and
water loads acting simultaneously in the event of the base flood.
(7) "Coastal high hazard area" is the area subject to
high velocity waters, including coastal and tidal and
inundation or tsunamis. The area is designated on a Flood
Insurance Rate Map (FIRM) as Zone VI-V30, VE or V.
(8) "Development" means any manmade change to
improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment
or materials.
(9) "Flood" or "flooding" means a general and
temporary condition of partial or complete inundation of normally
dry land areas from (A) the overflow of floodwater, (B) the
unusua! and rapid accumulation or runoff of surface waters from any
source, and/or (C) the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in this
definition.
(i0) "Flood boundary and floodway map" means the
official map on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the areas of
flood hazard and the floodway.
(ii) "Flood insurance rate map (FIRM)" means the
official map On which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the areas of
special flood hazard and the risk premium zones applicable to the
community.
980804 syn 0071491
2
(12) ~Flood Insurance Study" means the official
report provided by the Federal Insurance Administration that
includes f!ood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
(13) "Floodplain or flood-prone area" means any iand
area susceptible to being inundated by water from any source as
defined in subdivision (9) of subsection (A) of Section 16.52.040.
(14) "Floodplain management" means the operation of
an overall program of corrective and preventive measures for
reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management
regulations.
(15) "Floodplain management regulations" means
zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and
other applications of police power. The term describes such state
or local regulations in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
(16) "Floodproofing" means any combination of
structural and nonstructural additions, changes or adjustments to
non-residential structures which reduce or eliminate flood damage
to real estate or improved real property, water and sanitary
facilities, structures and their contents.
(17) "Floodway or regulatory floodway" means the
channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one
foot.
(18) "Functionally dependent use" means a use which
has an intended purpose that cannot be performed unless it is
located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and
shipbuilding, and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
(19) "Highest adjacent grade" means the highest
natural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
980804 syn 0071491
3
(20) "Historic structure" means any structure that is:
(A) listed individually in the National Register
of Historic Places (a listing maintained by the United States
Department of Interior) or preliminarily determined by the
Secretary of the Department of Interior as meeting the requirements
for individual listing on the National Register of Historic Places;
-(B) certified or preliminarily determined by the
Secretary of the Department of Interior as contributing to the
historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a
registered historic district; or
(C) individually listed on the State of
California inventory of historic places to the extent the State of
California has a historic preservation program which has been
approved by the Secretary of the Department of Interior.
(21) "Lowest floor" means the lowest floor of the
lowest enclosed area., including basement as defined in subdivision
(5) of subsection (a) of Section 16.52.040.
(A) An unfinished or flood resistant enclosure
below the lowest floor that is usable solely for parking of
vehicles, building access or storage in an area other than a
basement area, is not considered a building’s lowest floor provided
it conforms to the applicable non-elevation design requirements,
including, but not limited to:
(I) the standard set forth in subdivision
(4) of subsection (c) of Section 16.52.130;
(2)- the anchoring standards set forth in
subdivision (i) of~subsection (a) of Section 16.52.130;
(3) the construction materials and methods
standards set forth in subsection (b) of Section 16.52.130; and
in Section 16.52.140.
(4)the standards for utilities set forth
(B) For residential structures, all subgrade
enclosed areas are prohibited as they are considered to be
basements, as defined in subdivision (5) of subsection (a) of
Section 16.52.040.This prohibition includes below-grade garages
and storage areas.
(22) "Manufactured home" means a structure,
transportable in one or more sections, which is built on a
950~04 syn 0071491
permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
(23) "Manufactured home park or subdivision" means
a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for sale or rent.
~iii~ii"Mean sea level" means, for purposes of the
National Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base flood elevations
shown on a community’s Flood.Insurance Rate Map are referenced.
~z~5-~ii(~.i!i "New construction", for floodplain
management purposes, means structures for which the "start of
construction" commenced on or after the effective date of
floodplain management regulations adopted by this community, and
includes any subsequent improvements to such structures.
~iiiii~ii "One hundred year flood" or "100-year flood"
means a flood whichhas a one percent annua! probability of being
equaled or exceeded. It is identical to the "base flood," which
will be the term used throughout this chapter.
(~i!i~}!<J.!. Person means an individual or his agent,
firm, partnership, association or corporation, or agent of the
aforementioned groups, or this state or its agencies or political
subdivisions.
is:
"Recreational vehicle" means a vehicle which
980804 syn 0071491
5
(A) built on a single chassis;
(B) 400 square feet or less when measuredat the
largest horizontal projection;
(C) designed to be self-propelled or permanently
towable by a light-duty truck; and
(D) designed primarily not for use as a
permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
~iii~i.ii "Remedy a violation" means to bring the
structure or other development into compliance with state or local
floodplain management regulations, or, if this is not possible, to
reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement
provisions of this chapter or otherwise deterring future similar
violations, or reducing federal or state financial exposure with
regard to the structure or other development.
~iii~!i_~ "Riverine" means relating to, formed by, or
resembling a river (including tributaries), stream, brook, etc.
~iii~i[} "Sand dunes" means naturally occurring
accumulations of sand in ridges or mounds landward of the beach.
~iii~]ii "Special flood hazard area (SFHA)" means an
area having special flood or flood-related erosion hazards, and
shown on an FHBM or FIRM as Zone A, AO, AI-30, AE, AH, VI-30, VE or
V.
~-3-3-~.i~!i~}iliI "Start of construction" includes substantial
improvement and other proposed new development and means the date
the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit . The actual start means either the first placement
of permanent construction of a structure on a site, ’such as the
¯ pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
980804 syn 0071491
6
main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
i-94J-iiii~!i!i "Structure" means a walled and roofed
building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
i--gro~!iii~i.{!~!i "Substantial damage" means damage of any
origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage
occurred.
i--Yo~ii!i~ii~ii "Substantial improvement" means any
reconstruction, rehabilitation, addition, or other proposed new
development of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures
which have incurred "substantial damage", regardless of the actual
repair work performed. The term does not, however, include
either:
for improvement of a structure ~~~~}iiii!~iii~ii~~i
existing violations of state or local health, sanitary, or safety
code specifications which h-av~h~n identified by the local cod~
~d which are the m’ ’ ary to assure
~~:...~; or
(B) Any alteration of a "historic structure",
provided that the alteration will not preclude the structure’s
continued designation as a "historic structure"; @i~iiii:
t-9~ii!ii~ii!. "Variance" means a grant of relief from
the requirements of this chapter which permits construction in a
manner that would otherwise be prohibited by this chapter.
t-3~J-}i~]iii "Violation" means the failure of a
structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or
other development without the elevation certificate, other
certifications, or other evidence of compliance required in this
980804 syn 0071491
7
chapter is presumed to be in violation until such time as that
documentation is provided.
SECTION 2.The City Council finds that there is no
possibility that this ordinance will have a significant effect on
the environment and upon that basis determines that no
environmental assessment is required.
SECTION 3. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Public Works
980804 syn 0071491
8