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HomeMy WebLinkAbout1999-03-08 City Council¯City of Palo Alto Manager’s Report 4 TO: ATTN: HONORABLE CITY COUNCIL POLICY AND SERVICES COMMITTEE FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:MARCH 8, 1999 CMR:154:99 SUBJECT:REVISIONS TO THE CITY’S FLOOD HAZARD REGULATIONS (PALO ALTO MUNICIPAL CODE CHAPTER 16.52) TO ADOPT A NEW FLOOD INSURANCE RATE MAP FOR THE SAN FRANCISQUITO CREEK FLOODPLAIN REPORT IN BRIEF This report describes modifications to Palo Alto Municipal Code Chapter 16.52 required in order for the City to adopt a new Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). The attached ordinance adopts the new FIRM and modifies the Flood Hazard Regulations to bring them into conformance with current FEMA standards and the State of California Department of Water Resources’ current model floodplain management ordinance. There are several other pending floodplain management issues which will not be addressed by the proposed ordinance, including the possibility of an exemption from the Flood Hazard Regulations for locally-designated historic structures (currently being analyzed in the draft environmental impact report for the historic preservation issue), and other optional changes to the Flood Hazard Regulations. These will be brought forward for Council review at a later time after sufficient public outreach to affected property owners has occurred. CMR:154:99 Page 1 of 4 RECOMMENDATION Staff recommends that the Policy and Services Committee recommend to the City Council approval of the attached ordinance adopting a new Federal Emergency Management Agency Flood Insurance Rate Map and making minor revisions to the City’s Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52) that are required by State and federal standards. BACKGROUND Council adoption of a new Flood Insurance Rate Map (FIRM) will be accomplished later this spring through the approval of an ordinance modifying the City’s Flood Hazard Regulations (Palo Alto Municipal Code [PAMC] Chapter 16.52). In addition to incorporating the new FIRM into the Regulations, the ordinance will also make revisions to the Regulations that are required by State and Federal standards. These mandatory revisions, which are minor in nature and will not necessitate any changes to City policies or staff practices, were presented to Council in a report dated August 10, 1998 (CMR:321:98). DISCUSSION In order to maintain its good standing in the National Flood Insurance Program, the City must adopt the new FIRM by approving an ordinance modifying the Flood Hazard Regulations (PAMC Chapter 16.52). Staff recommends that only the FEMA-mandated regulation changes be incorporated into the map adoption ordinance at this time. The proposed ordinance language is attached to this report (Attachment A). The ordinance adopts the new FIRM and modifies the Flood Hazard Regulations to bring them into conformance with current FEMA standards and the State of California Department of Water Resources" current model floodplain management ordinance. The possibility of an exemption from the Flood Hazard Regulations for locally-designated historic structures is currently being analyzed in the draft environmental impact report for the historic preservation issue. A final decision will be made in conjunction with Council adoption of the permanent historic preservation ordinance. There are several other pending floodplain management issues which will not be addressed by the proposed ordinance. Staff will return to the Policy and Services Committee later this summer for approval of these changes, following a public outreach campaign targeting those affected by the changes. CMR: 154:99 Page 2 of 4 Clarifications to procedures for staff review of building permit applications in the Special Flood Hazard Area: Definition for the term "market value" to be considered for addition to the regulations, and language added to clarify the allowable exclusions for health, sanitary, or safety code requirements in the substantial improvement calculation. (The specific recommendations are described and explained in CMR:321:98 and CMR:371:98, and were discussed with the Policy and Services Committee at their September 23, 1998 meeting). Increase in minimum floor elevation for new construction and substantial improvements in the Special Flood Hazard Area: Requirement that floors be constructed "one or more feet above the Base Flood Elevation". Prohibition of new basements or basement additions in the Special Flood Hazard Area: Modification to prohibit the construction of new basements or basement additions in the Special Flood Hazard Area, regardless ofthe size of the building project. Under the proposed change, existing basements would be allowed to remain, unless the proposed project constitutes a "substantial improvement." POLICY IMPLICATIONS ¯ Council adoption of the revisions to PAMC Chapter 16.52 mandated by FEMA and the State of California Department of Water Resources are minor in nature and do not represent any change to existing City policies. TIMELINE In order to maintain its’good standing in the National Flood Insurance Program, the City must adopt the new Flood Insurance Rate Map by revising PAMC Chapter 16.52 such that the ordinance becomes effective prior to June 2, 1999. Staff plans to return to Council to request approval of the final ordinance in mid-April 1999. Staff will address the potential exemption for locally-designated historic structures in the permanent historic preservation ordinance to be presented to Council this summer. Staff will return to the Policy and Services Committee this summer for review of the other pending revisions relative to the "market value" definition, increased minimum floor elevations, and basement prohibitions. CMR:154:99 Page 3 of 4 ENVIRONMENTAL REVIEW The proposed changes to the ordinance codified in PAMC Chapter 16.52 are categorically exempt under the California Environmental Quality Act (CEQA), because they will require only minor changes in land use limitations. No environmental assessment is required. ATTACHMENTS Attachment A: Proposed revisions to PAMC Chapter 16.52 PREPARED BY: Joe Teresi, Senior Engineer DEPARTMENT HEAD: /~" ~ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: ~Y HARRISON Assistant City Manager Ken Nauman, FEMA Ray Lenaburg, FEMA Kristen Kingsley, Califomia 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 Carla Schneiderman, Crescent Park Neighborhood Association Kevin Fisher, Duveneck Neighborhood Association Raymond Hebert, St. Francis Neighborhood Association Warren Kallenbach, Community Center Neighbors Association Jim Newton, Downtown North Neighborhood Association Will Beckett, Barron Park Association Cole H. Richmond, Chestnut-Wilton Homeowners Association Debbie Mytels, Midtown Residents Association Bonnie Packer, Palo Verde Neighborhood Association Kristen Johnson, Ventura Neighborhood Association Klaire Finlayson, Oregon Green Condo Owners Association Steve Blanton, Peninsula West Valley Realtors Association 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 John Paul Hanna Norman Beamer CMR: 154:99 Page 4 of 4 ATTACHMENT A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO TO ADD SECTION 16.52.165 AN~ 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 purpose 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 projects; (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 se~u~d sound 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. 990224 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. (a) Throughout this chapter, the following words and phrases shall have the meanings ascribed in this section. A~-~(1) "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. ~-b~(2) "Area of shallow flooding" means a designated AOT--or AH ok 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. ~(3) "Area of Special Flood Hazard". ~Special flood hazard area." See ASf~-(4) "Base flood" or "one hundred year flood" means the flood having a one percent chance of being equaled or giexceeded in any ven year’ ~i-o~i~h~. ~=~(5) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. ~cf~(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 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: %~I-~(A)Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 990224 syn 0070890 2 ~-~(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. ~g~(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 ~ the Flood Insurance Rate Map (FIRM) as Zone VI-V30, VE or V. A~h-~(8) "Development" means any ~&~i~=u~ man-made 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 bulk storage of equipment or materials. A~i~-(9)"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from ~-l-k(A) the overflow of floodwaters, -~(B) the unusual and rapid accumulation or runoff of surface waters from any source, and/or A~3-~(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 floodin~ &~ d~£±~ed ±~ this ~-~(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. ~-k~(ll) "Flood Insurance Rate Map ~F~)" 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. A~-~(12) ~Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FZKN), the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. ASHY(13) "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any sorrrt~e (~ d~£1~±Lion o£ ........")"’Z±UUUlii~ flood. ZSn-~(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 990224 syn 0070890 3 preparedness plans, flood control works and floodplain management regulations. ~J-(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 ~--~t-e State of California or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. ~p~(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. AI~ ~f~d L~ ~ ~e~ul=ho~y flo~dw=y.~ ~-r~(18) "Functionally dependent use" means a use which has an intended purpose that cannot be performed, ~ ±~iC~d~d purpose enless 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. (20) ~Historic structure" means any structure that is listed individually in the National Register of Historic Places or in the State of California Register of Historical Resources. ~-tJ-(21) "Lowest floor" means the lowest floor of the lowest enclosed area, ~including basement#. (A) An unfinished or flood resistant enclosure~ below the lowest floor that is usable solely for the parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that it conforms to ~u~h ~io~u~ i~ ~t~u±~C ~ ~ C~ ~d~ the mL~uuLuxe i~ ’vlol&51o~"~ of 5h~ applicable non-elevation design requirements, of hh±~ uh~pL~including but not limited to: (I) the standard set forth in subdivision (3)of subsection (c) of Section 16.52.130; 990224 syn 0070890 (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. 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 permanent chassis and is designed for use with or without a permanent foundation when uu1~uL~d it is attached to the required utilities. Fu~ £1oodpl~i~ Lt~tt~ t p~p~ tThe term .................... i~ ........... L~ hu~d~d ~i~hty uu~uutlv~ d~ysdoes 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. ~-w~(24) "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. ~x~(25) "New construction", ,t~=,~, 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. A~z-~(26) "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or Lhi~ ~L=t~ the State of California or its agencies or political subdivisions. (27)"Recreational vehicle" means a vehicle which: (A) is built on a single chassis; 990224 syn 0070890 5 (B) measures 400 square feet or less at its largest or widest horizontal projection; (C) is designed to permanently towable by a small truck; be self-propelled or (D) is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, seasonal use camping or travel; and (E) incorporates a vehicle that is defined by the State of California as a camp trailer, camper, fifth-wheel travel trailer, or house car. ~-a-~(28) "Remedy a violation" means to bring the structure or other development into compliance with st-at~ the State of California 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 of California financial exposure with regard to the structure or other development. AShbY(29) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, or brookT ~(30) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. ~f~-(31) "Special flood hazard area (SFHA)"..means an area having special flood or flood-related erosion hazards, and shown on &~ FHBb~ u~ the Flood Insurance Rate Map (F~Kb~) as Zone A, AO, AI-A30, AE, ~, AH, ~, VI-V30, VE or V. ~i32) "Start of construction" includes substantial improvementv and other proposed new development, and means the date on which the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement ~ commenced within o~i~ hu1~d~d ~i~hS~ 180 days from the date of issuance of the permitd-~t-e. 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. For 990224 syn 0070890 a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other part of a structure, whether or not that alteration affects the external dimensions of the structure. ~f-f-~(33) "Structure" means a walled and roofed building, including but not limited toa gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (34) ~Substantial damage" means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its original damage-free condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. ~(35) "Substantial improvement" means any reconstruction, u~ ±tt~uv~ttt=~t rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds f-~ 50 percent of the market value of the structure =lilies: before the start of construction of the improvement. This term includes a structure which has incurred substantial damage, regardless of the actual repair work to be performed. term shall not include (A) Any project, or any portion of a project, for improvement of a structure to ou,~pi~ wlLh ~i~Lizz~ correct existing violations of the State of California ~ or local health, sanitary, ’or safety, code specifications which ~ ~ui~i~ are identified by the local code enforcement official and are reasonably necessary to assure safe living conditions; or (B) Any alteration of an historic structure, provided that the alteration will not result in the termination of a structure’s continued designation as an historic structureii~L~d Uli th~ N~tluli=i R~i~t~z u£ Hi~tuli~ Pi=c~ ul = SL=L~ illv~ntoxy o£ HI~Lu~I~ ~i~.. ~Th-~(36) "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. z~k-i-~(37) "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 =valuati~i elevation certificate, 990224 syn 0070890 7 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. SECTION 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 E~t~LII~I=,~,~L Basis for establishing the areas of special flood hazard =z==~. The areas of special flood hazard identified by the Federal Insurance’Administration th~uu~h of the Federal Emergency Management Agency in ~ ~ci~ti£1u =~d ~i~eeii~i~ ~epo~L ~itlti~d ~Tthe Flood Insurance Study, £o~ Lh~ City u£:=±u ...... ~±cu, " dated Au~u~L 15, 1979,June 2, 1999, wi-th the accompanying ~Flood ±Insurance rRate mMaps to be & w~xL o£ thi~ uh~pt~±., and all subsequent amendments and revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. The areas of special flood hazard that are identified in the Flood Insurance Study and depicted in the attendant mapping are the minimum surface areas of land to which this ordinance will apply. The Flood Insurance Study may be supplemented by a study or studies for other areas which will allow the implementation of this ordinance and which are recommended to the City Council by the floodplain administrator. The Flood Insurance Study and the Flood Insurance Rate Map shall be made available for inspection is o~’~ file at the department of public works of the City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California. 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 natural causes. 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 or employee thereof, the State of California, or the Federal Insurance Administration of the Federal Emergency Management Agency, 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. 990224 syn 0070890 8 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, ~--a-hl-that 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: including but not limited to: (i) for all .proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; (2) the proposed locations of water supply, sanitary sewers, and utilities; and (3) the base flood elevation from the Flood Insurance Study or the Flood Insurance Rate Map, or both, to the extent available; (b)The foundation design details, including but not limited to: (i) the proposed elevation in relation to mean sea level, of the lowest floor, including basement, of all structures; (2) for a crawl-space foundation, the location and total net area of foundation openings as required in this ordinance 990224 syn 0070890 and applicable Federal Emergency Management Agency technical bulletins, including but not limited to, TB 1-93 and TB 7-93; and (3) for foundations placed on fill, the location and height of the fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); ~(c) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subdivision (3) of subsection (c) of Section 16.52.130 and applicable Federal Emergency Management Agency technical bulletins, including but not ~limited to TB 3-93; ~s~(d) All appropriate certifications subsection (d) of Section 16.52.120; and listed in ~b~(e) A dDescription of the extent to which any watercourse Will be altered or relocated as a result of the proposed development. SECTION 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: 16.52.120 administrator. Designation and duties of the floodplain 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; and (4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations h-~s--have been determined~ 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 nmt--increase the water surface elevation of the base flood more than one foot at any point. (b)Use of other base flood data. 990224 syn 0070890 10 When base flood elevation data h-~s--have not been provided, in accordance with Section 16.52.060, 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 Clara Valley Water District, and the St=t~ California Department of Water Resources Bu~d prior to ~nTy--such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration of the Federal Emergency Management Agency; and (2) Require that the flood-carrying capacity of the altered or relocated portion of s-a-ld the watercourse is maintained. (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 (Lowest floor elevations); (3) The certification required in paragraph (C) of subdivision ~ (2) of subsection (c) of Section 16.52.130 (Elevation or ~floodproofing of nonresidential structures); -~-4-~(3) The certification required in paragraph~ mr--(B) of subdivision -~(3) of subsection (c) of Section 16.52.130 (Wet floodproofing standard); ~5@-(4) The certified elevation required subsection (b) of Section 16.52.150 (Subdivision standards); in A9~-~(5) The certification required in subsection (a) of Section 16.52.170 (Floodway encroachments); and ~-~@-(6) The information required in subsection (f) of Section 16.52.180 (Coastal construction standards). (e) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards. (£~ ~u~i~ w Where there is an apparent conflict between a mapped boundary and the actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area~. The person contesting the location Of the 990224 syn 0070890 !1 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 Standards 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 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 shall be constructed with flood-resistant materials as specified in applicable Federal Emergency Management Agency technical bulletins, including but not limited to TB 2-93, and utility equipment 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? or AO oi V©, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (c) Elevation and floodproofing. 990224 syn 0070890 12 (~) ) ~e ................................ L~ .L ~..~ ii L..W..L ~.li W ~,. ,.L .,L ~~ LIJJ ~ L.. Ctli L~ d. Ct.L .L .~ (A) in an AO zone, shall be elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the Flood Insurance Rate Map, or elevated at least two feet above the highest adjacent grade if no depth number is specified; (B) in an A zone, shall be elevated at least one foot above the highest adjacent grade; or (C) in all other zones, shall be elevated to or above the base flood elevation. Upon £he completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, and verified by a 990224 syn 0070890 13 community official to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. (2) Nonresidential new construction and substantial improvement of any nonresidential structure shall either be elevated to conform with subdivision (I) of this subsection or, together with attendant utility and san±tary facilities: (A) Shall be floodproofed below the minimum elevation required in subdivision (I) above so that the structure is watertight with walls substantially impermeable to the passage of water; (B) Shall possess structural components capable of resisting hydrostatic and hydrodynamic loans and effects of buoyancy; and (C) Shall be certified by a registered professional engineer that the standards of this subdivision are satisfied. The certification shall be provided to the floodplain administrator. (~3) Requ±xe, £ox ~AII new construction and substantial improvements, ~ith fully enclosed areas below the lowest floor (excluding basements) that are usable solely for the parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement tt~u~t elLhe~ b~ ~tlfi~d by e~igi~ ~ ~uhlt~ct o~ t,t~t shall comply with the guidelines set forth in the applicable Federal Emergency Management Agency technical bulletins, including but not limited to TB 1-93 and TB 7- 93, and shall meet or exceed the following minimum criteria: (A) Eith=~ Possess a minimum of two openings havi~ with a total net area of not less than one square inch for every square foot of enclosed area subject to floodin~ ~h~il b~ p~uvld~d. 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 (B) Be certified by a registered professional gien neer or architectto ...........~±u~ = =ppxuv~d by th~ Fedex&i i~i~uz=~ (94) Manufactured homes shall also meet the standard in section 16.52.160. SECTION 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: 16.52.150 Standards for subdivisions. 990224 syn 0070890 14 (a) All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood. (b) All fi~i=l subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base floodT elevation, the lowest floor and ~ final pad elevations 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: 16.52.165 Standards for Recreational Vehicles. (a) All recreational vehicles placed onsite within Zones A, AI-A30, AH, and AE on the Flood Insurance Rate Map will either: (i) Be located on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and. has no permanently attached additions; or (2) Meet the permit requirements of Sections 16.52.110 and 16.52.120 and the elevation and anchoring for manufactured homes requirements of Section 16.52.160. 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 floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer ~rr 990224 syn 0070890 15 =~uhlL~eL 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 flood elevation. Wind loading values used shall be those required by applicable state or local building standards. (b) All new construction and other development 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 shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. (d) -Fill. shall not be used for structural support of buildings. (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: (i) Certification by a registered engineer or architect that a proposed structure complies with subsection (a) of this section; and (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. 990224 syn 0070890 16 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 h-i-s--her 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 shali 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 existing individual owner and future owners of the property; (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 =~LI~I~L~d d~v~iupttt~L use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (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 990224 syn 0070890 17 of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. (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 £-t she deems necessary to further the purposes of this chapter. i-f~(e) The floodplain administrator shall maintain the 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. R~isL~x uf Histoxic~x~c~ ....u2 th~ SLate ~ ~ctlu~. (a)Vasiances may be issued, as follows: (I) .For new construction, substantial improvement, and other proposed new development 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 that the procedures of Sections 16.52.110, 16.52.120, 16.52.130, 16.52.140, 16.52.150, 16.52.160, 16.52.170 and 16.52.180 of this ordinance shall be fully considered, and, as the lot size increases beyond one-half acre, the technical justifications required for issuing the variance shall increase; and (2) 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 (c) 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. 990224 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 be issued only upon: (i) " A showing of good and sufficient cause; and (2)A determination that: (A) The variance is reasonably considering the flood hazard, to afford relief; necessary, (B) The failure to grant the variance would result in exceptional hardship to the applicant; and (C) Thegranting of avariance 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. (1) A showi~M o£ Mood =~d~uzz±u±=,~u~ ~’ ....’ .....~=u~e; (~.) A d~ L~.L mili=Lio~i Lh~L [ailuze Lu ~,¢t,,L Li,e ; ’"’ ............................ti ’ ll----’ .......~:~ -~¯, ¯ , ....a , ,. . ~, , ...........W ] I ’~i i, .~l I1 1 caus~ fxaud on ox vlctlmi~Liuai of ................ ’ ........ 990224 syn 0070890 19 (d) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (I) the issuance of a variance to construct a structure below the base flood elevation could result in a substantial increase in the cost of flood insurance; and (2) any construction below the base flood elevation could increase the risk to life and property. (e) A copy of the notice shall be recorded by the floodplain administrator in the office of the Santa Clara county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (f) The floodplain administrator will maintain a record of all variance actions, including the essential facts supporting their issuance, and the administrator shall report on the variances that are issued in the City of Palo Alto’s biennial report that is submitted to the Federal Insurance Administration of the Federal Emergency Management Agency. SECTION 14. The City Council finds that this ordinance is categorically exempt, because it will require only minor alterations in land use limitations, and, upon that basis, it 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: Mayor City Manager 990224 syn 0070890 20 Senior Asst. City Attorney Director of Public Works 990224 syn 0070890 21