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HomeMy WebLinkAbout1999-08-01 City CouncilTO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:FEBRUARY 1, 1999~CMR:134:99 SUBJECT:PUBLIC OUTREACH ON NEW FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP FOR SAN FRANCISQUITO CREEK This is an information report and no Council action is required. BACKGROUND On September 29, 1997, staff reported to Council that the Federal Emergency Management Agency (FEMA) had completed its study of San Francisquito Creek and had submitted a preliminary copy of the revised Flood Insurance Rate Map (FIRM) to the City (CMR:402:97). On December 8, 1997, in response to concerns about the accuracy of the map, Council directed staffto prepare an appeal of the revised San Franeisquito Creek FIRM (CMR:487:97). On May 11, 1998, Council directed staff to submit a map appeal to FEMA and to prepare a plan for adoption of the new FIRM (CMR:220:98). Council directed staff to 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. On August 10, 1998, staff provided an implementation schedule for Council adoption of the new FIRM and related revisions to the City’s Flood Hazard Regulations, including a public outreach strategy (CMR:321:98). DISCUSSION On December 2, 1998, FEMA issued a Final Elevation Determination (FED) letter, which contains a resolution of the City’s map appeal and finalizes the boundaries of the Special Flood Hazard Area (SFHA) on the new FIRM. The FED letter establishes an effective date of June 2, 1999 for the new FIRM. The effective date 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. In addition, the City is required to adopt the new FIRM by revising its Flood Hazard Regulations (Palo Alto Municipal Code [PAMC] Chapter 16.52) prior to the map effective date of June 2, 1999. 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 floo~s above a minimum elevation for all new construction, and for substantial improvements to existing buildings) on the newly mapped properties. CMR:134:99 Page 1 of 3 FEMA has concurred with the City’s appeal of the preliminary FIRM. The floodplain boundary on the revised preliminary FIRM provided with the FED letter is consistent with the.information submitted by the City in its appeal package. The new FIRM represents a net increase of approximately 885 properties within the SFHA. Attachment A is an overlay of the floodplain boundaries on the new FIRM vs. the current FIRM. During the week of January 18, 1999, staff conducted a public outreach campaign to disseminate information regarding the new FIRM. Information packets were mailed to all residents affected by the new FIRM, including those added to the SFHA, those removed from the SFHA, and those currently within the SFHA who will receive a new flood zone designation within the SFHA. The packets included an overview letter, a map of the revised SFHA, and information on flood insurance, flood-related special building requirements, and FEMA’s Letter of Map Amendment process, which provides a mechanism to remove individual properties from the SFHA. Samples of each of the overview letters and a set of packet enclosures are attached to this report (Attachments B and C). Staff also mailed information to representatives of the neighborhood associations affected by the map revision. In order to maintain its good standing in the National Flood Insurance Program, the City must adopt the new FIRM by revising PAMC Chapter 16.52 prior to June 2, 1999. The City is also required to adopt several minor code changes to conform to the State of California’s current model floodplain management ordinance. In addition, staff will also recommend that Council adopt a series of optional code changes. Some of the optional changes have been described in past reports to Council and the Policy and Services Committee, but some are new proposals based upon the findings from a recent self-evaluation of the City’s floodplain management program. Staff will return to Council in early March with a recommendation to refer these optional code changes to the Policy and Services Committee for review. Attachment D is a proposed time line for Council adoption of the new FIRM and related changes to the Flood Hazard Regulations. The time line illustrates that the map adoption can be fmalized prior to the June 2, 1999 deadline and that the timing of staff’s public outreach efforts provides the public with approximately 120 days notice prior to use of the new FIRM to review building permit applications. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Changes to San Francisquito Creek floodplain on new FEMA Flood Insurance Rate Map Outreach letters to residents affected by new FEMA Flood Insurance Rate Map Enclosures included with outreach letters to residents affected by new FEMA Flood Insurance Rate Map Proposed time line for City Council adoption of new FEMA Flood Insurance Rate Map CMR: 134:99 Page 2 of 3 PREPARED BY: Joe Teresi, S/~o~Engine~ S~ DEPARTMENT HEAD:~ ,/,,~. GLENN Director of Public Works CITY MANAGER APPROVAL: Assistant 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 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 Laura Alms, Peninsula West Valley Realtors Association John Paul Hanna Norman Beamer CMR:134:99 Page 3 of 3 ATTACHMENT A Changes to San Francisquito Creek floodplain on revised FEMA Flood Insurance Rate Map ST D Existing Zone AE8 Special Flood Hazard Area I~ Current SF Creek Special Flood Hazard Area Revised SF Creek Special Flood Hazard Area (Effective date 6/2/99) chenges rev E 990108 SAMPLE LETTER TO RESIDENTS WHOSE PROPERTY WILL BE ADDED TO THE SPECIAL FLOOD HAZARD AREA ATTACHMENT B CityofPalo Alto Public Works Department NOTIFICATION OF UPCOMING C GE IN THE FLOOD ZONE DESIGNATION FOR YOUR PROPERTY January 19, 1999 Dear Resident: Divisions Administration 650.329.2373 650.329.2299 fax Engineering 650.329.2151 650,329.2299 fax Environmental Compliance 650.329.2598 650,494.3531 fax Eqhipment Management 650.496,6922 650.496.6958 fax’ Facilities Management 650.496.6900 650.496.6958 fax Operations 650.496.6974 650.852.9289 fax Regional Water Quality Control 650.329.2598 650.494.3531 fax As you may be aware, the Federal Emergency Management Agency (FEMA) has been reevaluating the Flood Insurance Rate Maps (FIRM) for the City of Palo Alto over the past several years. Specifically, FEMA has been investigating the potential flood risk from San Francisquito Creek. The map revision process has included input from City of Palo Alto staff and members of the public. In addition, the February 1998 flood event provided valuable information that was incorporated into the mapping study. On December 2, 1998, FEMA issued the final version of the new FIRM for Palo Alto, reflecting several changes to the San Francisquito Creek floodplain. This letter is to notify you that the map revisions will affect your property. As a result of the mapping changes, the flood zone designation of your property will be changed from Zone X to Zone A or AH. While Zone X is an area of relatively low flood risk, Zones A and AH are considered Special Flood Hazard Areas (SFHA), which are subject to flooding in the event of a 1% (100-year) or greater flood. This change in flood zone designation has two primary impacts: flood insurance requirements and special building requirements. These requirements ,will take effect in accordance with the time frames outlined below. Flood Insurance Requirements For properties within aFEMA-designated SFHA, Federal regulations mandate that mortgage lenders require borrowers to purchase and maintain flood insurance on their property. Since your property has been added to the SFHA, you will be subject to this requirement. The mandatory flood insurance requirement for your property will take effect on June 2, 1999, the effective date of the new FIRM. In accordance with Federal law, your lender should be contacting you to require the purchase of flood insurance for your property. If you do not have a mortgage on your property, the purchase of flood insurance is a personal choice that you will have to make for yourself based upon your level of comfort and tolerance for risk. Although most flood insurance is underwritten by the National Flood Insurance Program at uniform rates and coverage levels, it is sold through many private insurance companies. The enclosed NFIP brochure contains information on flood insurance and answers to the most commonly asked questions. Additional information is available on the National Flood Insurance Program’s internet site at http://www.fema.gov/nfip/. For detailed questions on flood insurance, please contact your insurance agent or broker. P.O.Box 10250 Palo Alto, CA 94303 Notification of Upcoming Change in the Flood Zone Designation for Your Property Page 2 Flood insurance premiums for properties within Zone X are significantly lower than the premiums for properties within the SFHA. The flood zone designation for your property will continue to be Zone X until the new FIRM’s effective date of June 2, 1999. Therefore, you have a window of opportunity to purchase flood insurance at the lower Zone X rate if you act. soon. You must purchase the Zone X policy no later than June 1, 1999 in order to take advantage of the lower rates. As an added benefit, if you purchase flood insurance while your property still carries the Zone X designation, you are eligible to take advantage of a grandfathering rule that entitles you to retain the lower Zone X insurance premium even after the property is added to the SFHA, as long as the insurance coverage is uninterrupted. The lower premium can even be transferred to a subsequent property owner. Special Building Reo_uirements As a condition of participation in the National Flood Insurance Program, the City has adopted Flood Hazard Regulations that apply to properties within the SFHA (Palo Alto Municipal Code Chapter 16.52). Since your property has been added to the SFHA, you will be subject to the special flood-related building requirements contained in the Palo Alto Municipal Code. Specifically, for any new construction or substantial improvements to existing structures on your property, you will be required to construct building floors at or above a minimum elevation. The special building requirements will become applicable to your property once the City Council formally adopts the new FIRM. The City Council is expected to approve an ordinance adopting the new FIRM in the spring. The first step in the Council map adoption process is a Policy and Services Committee meeting tentatively scheduled for March 9, 1999. City enforcement of the new FIRM will start when the ordinance takes effect, 31 days following the second Council reading of the ordinance. The Public Works Department screens all building permit applications for properties within the SFHA to determine whether the proposed construction triggers the special flood-related building requirements. After the effective date of the map adoption ordinance, the new FIRM will be used to screen building permit applications. The enclosed handout briefly describes the building requirements applicable to properties in the SFHA. Although your property has been added to the SFHA on the revised FIRM, you may request that FEMA remove the property from the SFHA if you meet certain requirements. The floodplain boundary on the revised FIRM was established based upon a macroscopic analysis that indicates that your property is lower than the established base flood elevation for the 1% (t00-year) flood. FEMA has a process for excluding individual properties from the SFHA, based upon a more Notification of Upcoming Change in the Flood Zone Designation for Your Property Page 3 detailed land survey. If a property owner can demonsn:ate that an individual property is actually higher than the base flood elevation, FEMA will issue a Letter of Map Amendment (LOMA) removing the property from the SFHA and thereby eliminating the mandatory flood insurance and special building requirements. The enclosed handout briefly describes the LOMA process. Requests for LOMAs are made directly to FEMA (not the City of Palo Alto). However, LOMA application forms are available from the City at the Public Works Engineering counter. An exhibit depicting the approximate boundaries of the new SFHA is enclosed for your reference. A copy of the new FIRM is available for review at the Public Works Engineering counter at City Hall, 250 Hamilton Avenue, 6th Floor. if you have any questions or need further information, please visit the Public Works Engineering counter or call (650) 329-2151. Sincerely, Senior Engineer Engineering Division JT:vnb Enclosures SAMPLE LETTER TO RESIDENTS WHOSE PROPERTY WILL BE REMOVED FROM THE SPECIAL FLOOD HAZARD AREA City of Palo Alto Public Works Department NOTIFICATION OF UPCOMING CHANGE IN THE FLOOD ZONE DESIGNATION FOR YOUR PROPERTY January l9, 1999 Divisions Adminisiration 650.329.2373 650.329.2299 fax Engineering 650.329.2151 650.329.2299 fax Environmental Compliance 650.329.2598 650.494.3531 fax Equipment Management 650.496.6922 650.496.6958 fax Facilities Management 650.496.6900 650.496.6958 fax Operations 650.496.6974 650.852.9289 fax Regional Water Quality Control 650.329.2598 650.494.3531 fax Dear Resident: As you may be aware, the Federal Emergency Management Agency (FEMA) has been reevaluating the Flood Insurance Rate Maps (FIRM) for the City of Palo Alto over the past several years. Specifically, FEMA has been investigating the potential flood risk from San Francisquito Creek. The map revision process has included input from City of Palo Alto staff and members of the public. In addition, the February 1998 flood event provided valuable information that was incorporated into the mapping study. On December 2, 1998, FEMA issued the final version of the new FIRM for Palo Alto, reflecting several changes to the San Francisquito Creek floodplain. This letter is to notify you that the map revisions will affect your property. As a result of the mapping changes, your property will be removed from the Special Flood Hazard Area (SFHA) and redesignated as Zone X, an area of relatively low. flood risk, on the new FIRM. This change in flood zone designation has two primary impacts: elimination of flood insurance requirements and special building requirements. The elimination of these requirements will take effect in accordance with the time frames outlined below. Flood Insurance Reo_uirements For properties within a FEMA-designated SFHA, Federal regulations mandate that mortgage lenders require borrowers to purchase and maintain flood insurance on their property. Since your property has been removed from the SFI-IA, you will no longer be subject to this requirement. The mandatory flood insurance requirement for your property will be eliminated on June 2, 1999, the effective date of the new FIRM. Exclusion from the SFHA is no guarantee that your property will not b~ flooded in the future, however. As a result, although flood insurance will no longer be mandated by the Federal government, your lender may choose to continue requiring it to protect their interest in the property. Furthermore, you may voluntarily elect to continue flood insurance coverage for your own peace of mind. Flood insurance rates for properties within Zone X are significantly lower than the rates for properties within the SFHA. If you elect to discontinue flood insurance coverage, you are eligible for a refund of any premiums paid for coverage beyond the effective date of the new FIRM. If you continue coverage, you may be eligible for a rebate due to the lower annual flood insurance premium for a Zone X policy. Please contact you insurance agent or broker for further details. P.O.Box 10250 Palo Alto, CA 94303 Notification of Upcoming Change in the Flood Zone Designation for Your Property Page 2 Special Building Requirements As a condition of participation in the National Flood Insurance Program, the City has adopted Flood Hazard Regulations that apply to properties within the SFHA (Palo Alto Municipal Code Chapter 16.52). Since your property has been removed from the SFHA, you will no longer be subject to the special flood-related building requirements contained in the Palo Alto Municipal Code. Specifically, you will no longer be required to construct building floors at or above a minimum elevation for new construction or substantial improvements to existing structures on your property. The special building requirements will no longer apply to your property once the City Council formally adopts the new FIRM. The City Council is expected to approve an ordinance adopting the new FIRM in the spring. The first step in the Council map adoption process is a Policy and Services Committee meeting tentatively scheduled for March 9, 1999. City enforcement of the new FIRM will start when the ordinance takes effect, 31 days following the second Council reading of the ordinance. An exhibit depicting the approximate boundaries of the new SFHA is enclosed for your reference. A copy of the new FIRM is available for review at the Public Works Engineering counter at City Hall, 250 Hamilton Avenue, 6th Floor. If you have any questions or need further information, please, visit the Public Works Engineering counter or call (650) 329-2151. Sincerely, loe Teresi Senior Engineer Engineering Division JT:vnb Enclosure WHOSE PROPERTY WILL RECEIVE A NEW FLOOD ZONE DESIGNATION WITHIN THE SPECIAL FLOOD ZONE AREA CityofPalo Alto Public Works Department NOTIFICATION OF UPCOMING CHANGE IN THE FLOOD ZONE DESIGNATION FOR YOUR PROPERTY January 19, 1999 Dear Resident: Divisions Administration 650.329.2373 650.329.2299 fax Engineering 650.329.2151 650.329.2299 fax Environmental Compliance 650,329,2598 650.494.3531 fax Equipment Management 650,496.6922 650.496.6958 fax Facilities Management 650.496.6900 650.496.6958 fax Operations 650.496.6974 650.852.9289 fax Regional Water Quality Control 650.329.2598 650.494.3531 fax As you may be aware, the Federal Emergency Management Agency (FEMA) has been reevaluating the Flood Insurance Rate Maps (FIRM) for the City of Palo Alto over the past several years. Specifically, FEMA has been investigating the potential flood risk from San Francisquito Creek. The map revision process has included input from City of Palo Alto staff and members of the public. In addition, the February 1998 flood event provided valuable information that was incorporated into the mapping study. On December 2, 1998, FEMA issued the final version of the new FIRM for Palo Alto, reflecting several changes to the San Francisquito Creek floodplain. This letter is to notify you that the map revisions will have a minor effect on your property. As a resuk of the mapping changes, the flood zone designation of your property will be changed from Zone AO to Zone AH. Zones AH and AO are both considered Special Flood Hazard Areas (SFHA), areas subject to flooding in the event of a 1% (100-year) or greater flood. As a result, you will continue to be subject to mandatory flood insurance requirements and special flood-related building requirements after the new FIRM takes effect. The following paragraphs summarize the conditions applicable to properties within a FEMA-designated SFHA and discuss the minor changes which will take effect as a result of this map revision. Flood Insurance Requirements For properties within a FEMA-designated SFHA, Federal regulations mandate that mortgage lenders require borrowers to purchase and maintain flood insurance on their property. Since your property will remain within the SFHA, you will continue to be subject to this requirement. In accordance with Federal law, your lender should require the purchase of flood insurance for your property. If you do not have a mortgage on your property, the purchase of flood insurance is a personal choice that you must make for yourself based upon your level of comfort and tolerance for risk. Although most flood insurance is underwritten by the National Flood Insurance Program at uniform rates and coverage levels, it is sold through many private insurance companies. The revision of the FIRM should have no impact on the amount of your current flood insurance premium. The enclosed NFIP brochure contains information on flood insurance and answers to the most commonly asked questions. Additional information is available on the National Flood Insurance Program’s internet site at http://www.fema.gov/nfip/. For detailed questions on flood insurance, please contact your insurance agent or broker. P.O.Bo\ 10250 Pato Alto, CA 94303 Notification of Upcoming Change in the Flood Zone Designation for Your Property Page 2 Special Building ,Requirements As a condition of participation in the National Flood Insurance Program, the City has adopted Flood Hazard Regulations that apply to properties within the SFHA (Palo Alto Municipal Code Chapter 16.52). Since your property will remain within the SFHA, you will continue to be subject to the special flood- related building requirements contained in the Palo Alto Municipal Code. Specifically, you are required to construct building floors at or above a minimum elevation for any new construction or substantial improvements to existing structures on your property. The change in the flood zone designation for your property from Zone AO to Zone AH changes the method by which the minimum floor elevation is determined. Under the current Zone AO designation, the minimum floor elevation is based upon a specified dis .tahoe above the natural ground on your property. With the new Zone AH designation, the minimum floor elevation will be based upon a specified elevation above sea level. Minimum elevation requirements for your particular property are available from the Public Works Engineering staff. The new flood zone designation for your property will become effective once the City Council formally adopts the new FIRM. The City Council is expected to approve an ordinance adopting the new FIRM in the spring. The first step in the Council map adoption process is a Policy and Services Committee meeting tentatively scheduled for March 9, 1999. City enforcement of the new FIRM will start when the ordinance takes effect, 31 days following the second Council reading of the ordinance. The Public Works Department screens all building permit applications for properties within the SFI-IA to determine whether the proposed construction triggers the special flood-related building requirements. After the effective date of the map adoption ordinance, the new FIRM will be used to screen building pc.trait applications ~d to establish minimum floor elevations for new construction and substantial improvements. The enclosed handout briefly describes the building requirements applicable to properties in the SFHA. Although your property remains within the SFHA on the revised FIRM, you may request that FEMA remove the property from the SFHA if you meet certain requirements. The floodplain boundary on the revised FIRM was established based upon a macroscopic analysis that indicates that your property is lower than the established base flood elevation for the 1% (100-year) flood. FEMA has a process for excluding individual properties from the SFHA, based upon a more detailed land survey. If a property owner can demonstrate that an individual property is actually higher than the base flood elevation, FEMA will issue a Letter of Map Amendment (LOMA) removing the property from the SFHA and thereby eliminating the mandatory flood insurance and special building requirements. The enclosed handout briefly describes the LOMA process. Notification of Upcoming Change in the Flood Zone Designation for Your Property Page 3 Requests for LOMAs are made directly to FEMA (not the City of Palo Alto). However, LOMA application forms are available from-the City at the Public Works Engineering counter. An exhibit depicting the approximate boundaries of the new SFI-IA is enclosed for your reference. A copy of the new FIRM is available for review at the Public Works Engineering counter at City Hall, 250 Hamilton Avenue, 6th Floor. If you have any questions or need further information, please visit the Public Works Engineering counter or call (650) 329-2151. Sincerely, Joe Teresi Senior Engineer Engineering Division JT:vnb Enclosures ATTACI-LM~NT ATTACHMENT C GENERAL INFORMATION When is flood insurance required? Flood insurance is required by federal law when any federally regulated bank or credit union has a structure and/or any contents securing a loan and they determine at any time during the term of the loan that the structure is located in a special flood hazard area (any flood zone starting with the letter "A" or "V"). How much insurance coverage will be required? Federal law requires lenders and credit unions to require, at a minimum, the lesser of the outstanding loan balance minus land value or the maximum available for the particular type of structure. The NFIP does not insure land. Many lenders, as a risk management decision, require replacement cost of the structure. How much flood insurance coverage is available under the NFIP? Building Contents Residential 250,000 100,000 Commercial 500,000 500,000 Is there a minimum amount of coverage that must be purchased? No. Where can-we purchase a flood policy? Your local insurance agent. If your insurance agent does not know how to write a flood policy and needs assistance the agent can call: 1-800-638-6620. If the agent simply does not want to write it, the property owner should call: 1-800-720-1093 for a referral. How much will it cost me to purchase a flood policy? Flood insurance rates vary. The cost of the policy will vary depending on several underwriting factors such as the age of the structure (pre vs. post firm), the flood zone, the amount of coverage and the type of occupancy (residence or business). However, the rates are federally set and should not vary from one insurance agent to another. Is there a waiting period? Yes, there is a 30 day waiting period exce~ in the following two cases: There is no waiting period if the insurance is being purchased as a result of a lender requirement to comply with the federal law and it is the initial purchase of flood insurance. Property owners have a 13 month window of time (commencing on the effective date of the new map) to purchase a flood policy and incur a one day waiting period when there structure was not originally in a SFHA and due to a map change is now going to be in a SFHA. When do I have to pay for the policy? The premium is fully earned up front and the full premium is required when the application is sent to NFIP. There is currently no payment plan available. A few insurance agents have the ability to accept major credit cards. Will I be cancelled ifI have more than one claim? No. However, if the structure is substantially damaged by flooding the community may require that the structure be brought up to current floodplain management code in an effort to mitigate future losses. Effective June 1, 1997 theNFIP policy contains an increased cost of compliance endorsement which, is mandatory on all new and renewal policies. It may be available, under prescribed circumstances, to offer up to $15,000 to comply with these requirements. Will I still be eligible for federal disaster assistance in a federally declared disaster? Federal disaster assistance can be applied for in a federally declared disaster for the uninsured portion of any loss. The Small Bu~siness Administration maintains a "get wet" policy. If you "get wet" regardless of your flood zone, you buy flood insurance if you want the SBA loari. The Individual Family Grant Program, which has restrictive requirements for eligibility and limited funding, only requires flood insurance to receive assistance when the structure is located in a SFHA. Where can I can to obtain additional information? General information hotline: 1-800-427-466 l otr of PaSo uto-, 250 Hamilton Avcnue~ Pal0 AI~0 ’,CA 94301, How are Special Flood Hazard Areas and flood levels determined? Special Rood Hazard Areas are determined using statistical analysis of records of creek flow, storm tides, and rainfall; information obtained through consultation with the community; floodplain topographic surveys; and hydrologic and hydraulic analyses. I understand that there are special requirements for construction in a Special Flood Hazard Area. What are they? elevation is determined relative to the Base Flood Elevation noted on the FIRM, which is given as an absolute elevation "above sea level". For A0 zones, the minimum floor elevation is set a fixed distance above the highest ground level around the perimeter of the structure. Minimum elevation requirements for a particular property are available from the City’s Public Works Engineering staff If you construct a new structure or a "substantial improvement" to an existing structure you will have to hire a surveyor to complete an "as-built" certification of the lowest floor elevation once construction is advanced enough to determine this information. As a community participating in the National Flood Insurance Program, Palo Alto is required to impose the Federal rules regarding construction in a Special Flood Hazard Area (SFHA). These rules are spelled out in Chapter 16.52 of the Palo Alto Municipal Code and apply to new construction and "substantial improvement" of existing structures in an SFHA. Excerpts from the Code are contained in the Public Works Engineering information sheet "Requirements Applicable to Structures in a Special Flood Hazard Area", available on request. The primary requirement is that the lowest floor be elevated above the flood level. This effectively prohibits basements (which are defined as any enclosed area below grade on all sides). Other provisions require openings in crawl space areas below flood level to allow water to enter and exit, flood-proofing of utilities below the flood level, etc. The term "substantial improvement" is in quotes: Why? Because the term has a special definition for flood zone development: If I am constructing a "substantial improvement"to my existing house, do the rules for minimum floor elevation apply to the existing house as well? Yes. For "substantial improvements" the rules apply to both the new work and the existing structure even if only a second floor is to be added. If your project constitutes a "substantial improvement", you may be required to raise the floor level of your entire house and fill in any basements. I think my lowest floor is already higher than the minimum required elevation.Is there any way to document this ahead of time? The FEMA elevation certificate can be used to document existing floor elevations. Submittal of an elevation certificate is required in order to proceed with a "substantial improvement" project. The elevation certificate does not indicate, however, that the property is "not in a flood zone": The property remains in the SFHA regardless of the floor elevation. The elevation certificate only documents that one of several SFHA construction requirements are met. "Substantial improvement" means any repair, reconstruction, or improvement of a sl~ucture, the cost of which equals or exceeds fifty percent of the market value Of the existing structure. So if my remodeling project is small enough I won’t have to comply with the special flood-related budding requirements? That is correct. If you can demonstrate that the cost of your improvements will be less than 50% of the market value of your existing structure, then no special building requirements would apply to your project. How do I know how high to make the lowest floor of a structure ff I am planning new construction or a "substantial improvement" in the Special Flbod Hazard Area? That information comes from the Flood Insurance Rate Map (FIRM). For AE and AH zones, the minimum floor My property is commercial. Does it have to meet all of the special flood-related requirements? Non-residential construction must meet all of the requirements, with one significant exception: it is not necessary to construct the lowest floor at a minimum height as long as the structure is "dry" floodproofed up to the flood level. Such "flood proofing" must be certified by a registered professional engineer. This publication is intended to be an informal means of informing the public about a City process. Although it can be assumed the information provided is accurate, this sheet only provides an overview and is not intended to create arty legal obligation on the City’s part. The actual permit review process is governed by City ordinances, regulations and procedures which implement relevant provisions of the Code of Federal Regulations. The reader shouM make specific inquiry for specific cases. 5January99 For property owners who believe that their property has incorrectly been included in a designated Special Flood Hazard Area (SFHA), the Federal Emergency Management Agency (FEMA) has a process for removing either an individual structure or an entire property from an SFHA, based on the elevation of the ground at the site. The process. results in the issuance by FEMA of either a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR) for the property, as described below. Property owners apply directly to FEMA for LOMAs and LOMRs using standard application forms. The City of Palo Alto does not have a direct role in the review and approval of LOMAs and LOMRs. This handout provides some general information about the process to assist Prospective applicants. LOMAs and LOMRs have the effect of removing either a structure or an entire property from a Special Flood Hazard Area (SFHA). In effect, applicants must prove to FEMA’s satisfaction that their property and/or structure is located on ground higher than the projected "Base Flood Elevation" noted on the Flood Insurance Rate Map (FIRM). The basic difference between a LOMA and a LOMR is that a LOMR is based on a ground elevation created by the addition of fill material to the property since the date of the first FIRM (February 15, 1980, for Palo Alto), whereas a LOMA is based upon natural grade. Please note that floor elevation is not a factor in removing a structure from the SFHA -- only the appropriate ground elevation is relevant. FEMA breaks LOMA/LOMRs into the following categories: Letter of Map Amendment (LOMA): FEMA verifies that applicant’s land, or at least the land immediately adjacent to the structure is high enough to be above the Base Flood Elevation (BFE). Conditional Letter of Map Amendment (CLOMA): Same as a LOMA, but issued in advance of construction. When construction is complete, appropriate as-built data must be supplied to FEMA for a permanent LOMA to be issued. Letter of Map Revision Based on Fill (LOMR-F): Similar to a LOMA, but based on fill material added to the property since the date of the first Flood Insurance Rate Map. Conditional Letter of Map Revision Based on Fill (CLOMR-F): An advance LOMR, prior to placement of fill material; as-built information must be supplied at completion of construction for issuance of a permanent LOMR. FEMA will require a number of documents to be submitted as part of the application for a LOMA or LOMR. Among these documents will be: Recorded plat map or property deed (available from the Santa Clara County Recorder’s Office). Photocopy of the Flood Insurance Rate Map (available from City of Palo Alto Public Works Engineering). FEMA Property Information form (to be completed by the property owner). FEMA Elevation Information form (to be completed by a Licensed Surveyor or Registered Professional Engineer). FEMA Summary of Elevations form (used when more than one lot is involved; to be completed by a Licensed Surveyor or Registered Professional Engineer). FEMA Certification of Fill Compaction (for LOMR applications; to be completed by a Registered Professional Engineer). FEMA Community Acknowledgment of Requests Involving Fill (for LOMR applications; completed by City of Palo Alto Public Works Engineering). It will be necessary to hire a Licensed Surveyor or Registered Professional Engineer to complete some of the documents required for the LOMA/LOMR process. In addition, there are up-front FEMA charges for LOMR-Fs, CLOMAs and CLOMR-Fs ranging from $300 to $800. There are no FEMA fees for processing LOMA applications. LOMA/LOMR application forms and basic guidance are available from City of Palo Alto Public Works Engineering, located on the 6th Floor of City Hall, 250 Hamilton Avenue. Specific questions regarding the forms or the review process can be referred to FEMA in San Francisco at (415) 923-7177. Once a LOMA or LOMR has been issued, the applicant is relieved of the federal requirement that loans using the structure as collateral be protected by flood insurance, and a refund can be sought for prepaid flood insurance premiums. It is important to remember, though, that a LOMA/LOMR only "removes" a structure from the SFHA on the Flood Insurance Rate Map: there is still some risk of flood. Consequently, an individual lende~ may still consider it prudent to require flood insurance or an owner may voluntarily elect to continue flood insurance coverage. Flood insurance premiums will be lower than before issuance of the LOMA/LOMR. LOMAs and LOMRs are only valid until the next revision of the Flood Insurance Rate Map (FIRM) is published. When a new FIRM is issued, FEMA may automatically renew the LOMA/LOMR. In some cases, it may be necessary for the property owner to request a renewal of the LOMA/LOMR. If the revised map does not document a change in the flood conditions for the property, a new LOMA/LOMR will normally be issued by FEMA. Further information on the LOMA/LOMR process and other floodplain management topics is available on FEMA’s web site: http://www.fema.gov/nfip/ 5January99 .. Changes to San Francisquito Creek floodplain on revised FEMA Flood Insurance Rate Map Or 8T ~ Existing Zone AE8 Special Flood Hazard Area D Current SF Creek Special Flood Hazard Area ~ Revised SF Creek Special Flood Hazard Area(Effective date 6/2/99)changes rev E 990108 ATTACHMENT D