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HomeMy WebLinkAbout2004-05-03 City Council (11)City of Palo Alto City Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER MAY 3, 2004 SECOND READING OF CHANGES TO REGULATIONS (PALO ALTO MUNCIPAL DEPARTMENT: PUBLIC WORKS CMR:249:04 FLOOD HAZARD CODE CHAPTER 16.52) PERTAINING TO THE REVIEW OF IMPROVEMENTS TO EXISTING STRUCTURES IN THE SPECIAL FLOOD HAZARD AREA 1 RECOMMENDATION Staff recommends that the Council approve and adopt the attached ordinance (_Attachment A) revising the City’s Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). The ordinance adds a definition for the term "market value", an exemption from the Regulations for locally-designated historic structures, and langnage to clarify problematic issues regarding health and safety exclusions, crawl space construction standards; and basement prohibition in the existing Regulations. Staff also recommends that Council approve a revised cost valuation methodology for determining whether building projects modifying existing structures constitute a "substantial improvement" that must comply with special floodplain construction standards. BACKGROUND On April 22, 2004, Council approved the first reading of the attached ordinance by a vote of 5 to 3 (with Council members Morton, Cordell, and Freeman opposed, and Council member Kleinberg absent). Council requested that staff provide some additional clarifying information in the report submitting the ordinance for fmal approval. Staff was asked to provide information comparing current building valuation procedures with the proposed procedures and examples showing the effect of the use of depreciation factors to determine the market value of existing structures. The requested information is provided in the following sections of this report and the accompanying attachments. DISCUSSION The method used to establish the value of commercial buildings for purposes of enforcing the Flood Hazard Regulations will remain unchanged under the proposed procedures. The market value of existing commercial structures will continue to be determined by establishing the depreciated replacement cost of those structures. Replacement costs and depreciation factors will continue to be determined from either the latest edition of Means CMR:249:04 Page 1 of 6 Square Foot Costs, a nationally-recognized cost estimating guide, or professional appraisers. Adoption of a "market value" defmition utilizing the replacement cost methodology into the Municipal Code will formalize and clarify the valuation methodology for commercial building permit applicants. The valuation method for single-family residential structures will change under the proposed procedures. Under current practice, staff applies a one-size-fits-all depreciated replacement cost of $120 per square foot for all single-family structures. During an audit of the City’s floodplain management program in 2000, the Califox~ia Department of Water Resources auditor (acting on behalf of the Federal Emergency Management Agency [FEMA]) directed staff to develop a revised valuation methodology that recognizes the differences between individual structures. Staff presented the revised valuation methodology in the April 22 staff report (CMR:212:04). The proposed valuation procedure is based on cost data contained in Means Square Foot Costs, a nationally-recognized cost estimating guide that is updated annually and adjusted for local construction costs. Staff has input-cost data from the estimating guide into a customized software application that will allow custom valuations of residential structures based upon the following factors: ¯Age of the structure ¯Square footage of the structure ¯Quality of construction (average vs. custom) ¯Exterior finish ¯Type of roofing materials ¯Number of bathrooms ¯Building upgrades (fireplaces, air conditioning, premium kitchen, etc.) The software also applies an adjustment factor for depreciation of the structure based on its age. The unit cost fi~o~res generated by this valuation method are generally lower than the standard $120 per square foot figure currently used by staff to establish the value of existing structures. In response to Council’s April 22 request for more information, staff has identified two residential remodeling projects that were determined to be below the "substantial improvement’’ threshold using the $120 per square foot cost fignre and has reviewed those applications using the new cost estimating software. Attachment B is a matrix summarizing the differences in the "market value" figures generated by the two methodolo~es and the impact of applying various depreciation factors. As expected, the new valuation methodology for residential structures produces lower "market value" figures, and, therefore, a lower "substantial improvement’’ threshold than the current practice. In reviewing the results of this analysis, however, there are two important points that should be considered. First of all, staff believes that the existing CMR:249:04 Page 2 of 6 methodology is fundamentally flawed in at least two ways. As noted by the State auditor, the $120 per square foot figure does not reflect the differences between individual residential structures. In addition, the $120 per square foot cost (which is intended to represent a depreciated (i.e. lowered) replacement cost) is higher than the $109 per square foot cost accepted by the Building Inspection Division as the cost of new construction on building permit applications. This discrepancy in unit costs results in an unbalanced "substantial improvement" calculation. The new methodology generally produces depreciated replacement costs that are lower than $109, resulting in a fairer comparison of construction cost to "market value". The second factor that should be considered in reviewing the impacts of the new valuation methodology is the fact that it is only the initial step in the permit review process. A project that is determined to be a potential "substantial improvement" through the initial screening process will not necessarily be forced to conform to the Flood Hazard Regulations. As described in the new "market value" definition, an applicant whose project is determined to be a. potential "substantial improvement" using figures from the cost estimating guide may retain a professional appraiser to perform a custom appraisal of the existing structure, using the depreciated replacement cost method. The appraised "market value" will be compared to a detailed estimate of actual costs for the new construction to make the final "substantial improvement" determination. It is anticipated that many projects initially screened as "substantial improvements" may ultimately be found to be "non-substantial" using this more detailed analysis technique. Dining the April 22 Council meeting, additional concerns were raised by Council members and members of the public. It was opined that the proposed "market value" definition is not consistent with techniques commonly used by professional appraisers. Staff does not agree with this position. The attached standard appraisal form includes a section labeled "Cost Approach" that demonstrates that the depreciated replacement cost methodology specified in the "market value" definition is consistent with standard appraisal practices (Attachment C). Although this appraisal form is for use on residential appraisals; and the "cost approach" may not be as commonly used for commercial appraisals, the form demonstrates that professional appraisers should be familiar with this appraisal method. In addition, it should be noted that the regulations use the term "market value," not "fair market value." On April 22, it was pointed out that for the purposes of valuing property in eminent domain cases, federal law defines "fair market value" in terms of the price a willing seller and a willing buyer would find mutually agreeable. Staff believes that the term "market value" needs to be construed in this case in a manner consistent with the insurance program of which it is a part and the regulatory scheme that implements the insurance program. In order to participate in the National Flood Insurance Program, Congress has required the City to adopt flood hazard regulations with "effective enforcement provisions consistent with federal standards to CMR:249:04 Page 3 of 6 reduce or avoid future flood losses." Congress has declared that the purpose of the flood insurance program is, among other things, to "complement and encourage preventive and protective measures" and to encourage "sound land use by minimizing exposure of property to flood losses." Commercial property appraisals based on a property’s income potential generate values significantly higher that building replacement costs. Consequently, if the City were to allow income-based valuations for commercial properties, the fifty percent substantial improvement threshold would seldom be exceeded. Such a methodology, which allows an inordinately large amount of.building improvements to be implemented without compliance with the flood protection requirements of the Flood Hazard Regulations, is unreasonable and inconsistent with Congress’ declaration of the purpose of the National Flood Insurance Program. The depreciated replacement cost valuation method is consistent with the stated purpose and context of the insurance program. It was also noted by several people that the replacement costs in the Means Square Foot Costs reference ~oaaide are significantly lower than local prevailing construction costs. While this observation may be true, the costs in the Means guide are consistent with building costs submitted by building permit applicants. The use of comparable cost figures for construction cost and "market value" results in a fair "apples to apples" comparison in the "substantial improvement’’ calculation. If staff were to use higher costs to determine "market value", then building permit applicants would be required to submit higher construction cost figures on their applications, resulting in substantially higher permit costs. RESOURCE IMPACT Council adoption of the attached modifications to Palo Alto Municipal Code Chapter 16.52 (Flood Hazard Regulations) will ease the workload on existing staffby clarifying ambiguities or omissions in the existing regulations. POLICY IMPLICATIONS Council adoption of the attached modifications to Palo Alto Municipal Code Chapter 16.52 (Flood Hazard Regulations) will bring Palo Alto’s floodplain management program into fifll compliance with National Flood Insurance Program (NFIP) standards. Adoption of a "market value" defmifion and approval of the modified methodology for valuation of existing single-family residential structures will represent a change from the current valuation methodology and will comply with the requirements of the Spring 2000 audit by the California Department of Water Resources. Failure to comply with the audit could result in the loss of the 15% flood insurance premium discount enjoyed by Palo Alto residents and businesses due to Palo Alto’s good standing in the NFIP. In a worst case scenario, Palo Alto could be suspended from the NFIP, which would make federally- backed mortgages unavailable to borrowers on properties located in the floodplain. CMR:249:04 Page 4 of 6 On April 26, staff received notification from the California Department of Water Resources that the next audit of Palo Alto’s floodplain management program has been scheduled for mid-May 2004. This development increases the urgency for adopting the proposed "market value" definition and structure valuation methodology at this time. TIMELINE The attached ordinance will take effect on the 31~ day following the second reading of the ordinance. ENVIRONMENTAL REVIEW Adoption of the attached ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) as a minor alteration in land use limitations in an area with an average slope of less than 20% which does not result in any changes in land use or density (CEQA Guidelines Section 15305). ATTACHMENTS Attachment A: Attachment B: Attachment C: Ordinance Matrix comparing current valuation methodology Uniform Residential Appraisal Report methodology with proposed PREPARED BY: DEPARTMENT HEAD: TERESI Se~o~ Engineer GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager Palo Alto Chamber of Commerce Government Action Committee Silicon Valley Board of Realtors local Government Relations Committee Richard Peery, Peery-Arrillaga Loren Brown, Vance Brown Builders Elaine Breeze, Summerhill Homes John Northway, Stoecker and Northway Wayne Prescott, Schmidt-Prescott Group CMR:249:04 Page 5 of 6 John Tarlton, Tarlton Properties Stan Tish, Berliner, Kidder, & Tish Jon Schink Douglas B. Moran, Barron Park Association Dorothy Bender, Barton Park Residents Organization Jean Wilcox, Charleston Gardens Association Cole H. Richmond, Chesmut-Wilton Homeowners Association Rick Ferguson, Community Center Neighbors Association Janet Levy, Creek Action Committee Glenna Violette, Crescent Park Neighborhood Association Dan Lorimer, Downtown North Neighborhood Association Karen White, Duveneck!St. Francis Neighborhood Association Angelica Volterra, Edgewood Neighbors Mike McMahon, Meadow Park Homeowners Association Annette Glanckopf Ashton, Midtown Residents Association Abera Metaferia, Oregon Green Condominium Owners Association Bonnie Packer, Palo Verde Neighborhood Association Kristen Johnson, Ventura Neighborhood Association Dieter Folta, Walter Hays Neighborhood Flood Hazard Regaalations public meeting attendees CMR:249:04 Page 6 of 6 NOT YET APPROVED ATTACHMENT A ORD iNg-NCE NO. ORDiN~ANCE OF THE COUNCIL OF THE CITY OF PALO ALTO .~£MENDING PALO ALTO MUNICIPAL CODE SECTIONS 16.52. 040 A_bND 16.52. 130 OF CHAPTER 16.52 PERTAINING TO FLOOD I~$_Z~_RD REGULATIONS The Council of the City of Pa!o Alto does ORDAIN as follows: SECTION i. Section 16.52.040 (Definitions) of Chapter 16.45 (Flood Hazard Regulations), Title 16 [Building Regulations] of the Pa!o Alto Municipa! Code is hereby amended to read as fol!ows: 16.52.040 Definitions. (a) The definitions contained hereafter shall govern the interpretation o{ the terms defined for the purposes of this chapter, except where the context clearly re_quires otherwise. Words used in this chapter and not defined in this section shal! be ’’ _~ ~znnerm_eced so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. (!) "Appeal"means a re_quest for a review of the floodplain a~ministrator’s interpretation of any provision of this chapter or a re~aest for a variance. (2) "Area of sha!low f!ooding" means a designated AO or ~H zone on the Flood Insurance Rate Map. The base f!ood depths range from one to three feet; a clearly defined channel does not exist; the path of {!ooding is unpredictable and indeterminate; and velocity f!ow may be evident. (3) "Area o÷ Specia! F!ood Hazard." See "Special flood hazard area." (4) "Base f!ood" or "one hundred year f!ood" means the flood having a one percent chance of being equaled or exceeded in any given year. (5) "Basement" means any area of the building having 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, meta!, plastic or any other suitable building materia! 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 structura! integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wal! shal! have a safe design !oading resistance of not less than ten and no more than twenty pounds per .square 040401 sm 0100152 ! NOT YET APPROVED foot. Use of breakaway walls must be certified by a registered engineer or architect and shal! meet the following conditions: (A) Breakaway wal! collapse shall result from a water load less than that which would occur during the base f!ood; and (B) The elevated portion of the building shal! not incur any structura! damage due to the effects of wind and water !oads 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 tida! and inundation or tsunamis. The area is designated on the F!ood Insurance Rate Map as Zone V1 - V30, VE or V. (8) "Deve!opment" means any 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. (9) "Flood" or "Flooding"means a genera! and temporary condition of partia! or complete inundation of normally dry land areas from (A) the overf!ow of f!oodwaters, (B) the unusual 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 cyclica! 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 abnorma! tidal surge, or by some similarly unusua! and unforeseeable event which results in flooding. (!0) "F!ood Boundary and F!oodway Map" means the official map on which the Federa! Emergency Management Agency or Federa! Insurance Administration has delineated both the areas of f!ood hazard and the floodway. (!!) "F!ood Insurance Rate Map" means the official map on which the Federal Emergency Management Agency or Federal insurance Administration has delineated both the areas of specia! f!ood hazard and the risk premium zones applicable to the community. (12) "Flood Insurance Study" means the officia! report provided by the Federa! Insurance Administration that includes f!ood profiles, the Flood Insurance Rate Map-, the F!ood Boundary and Floodway Map, and the water surface elevation of the base flood. (13) "Floodplain or flood-prone area" lu~!~ ~y land area susceptible to being inundated by water from any flood. (14) "Floodplain management" means the operation of an overal! 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. 040401 sm 0100152 2 NOT YET APPROVED (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 of California or loca! 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 nonstructura! additions, changes or adjustments to non-residentia! structures which reduce or eliminate flood damage to tea! estate or improved tea! property, water and .... , ~ ’~hemr contentssanitary facilities s~_uczures and ~ ’. (17) "Floodway" or "regulatory f!oodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the. base f!ood 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 c!ose proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and un!oading of cargo or passengers, and shipbuilding and ship repair facilities, but does not ll~_es.include long-term storage or related manufacturing faci ’~ (19) "Highest adjacent grade" means the highest natura! 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 individua!ly in the National Register of Historic Places or in the State of California Register of Historica! Resources or any structure that is listed individually in the current edition of the Palo Alto Master List of Structures on the Historic Inventory in Category ! "Exceptiona! Building" or Category 2 "Major Building" or any structure that has been certified by the Keeper of the National Register as contributing to the historica! significance of a registered historic district. (21) "Lowest f!oor" means the !owest f!oor of the !owest enclosed area, including basement. (A) .<n unfinished or flood resistant enclosure below the !owest f!oor 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 bui" "’ s ±ow~ ~±o~, ~ =c conforms to the applicable non-elevation design requirements, including but not limited to: (i) The standard set forth in subdivision (3) of subsection (c) of Section 16.52.130; (2) The anchoring standards set forth in subdivision (!) of subsection (a) of Section 16.52.130; 040401 smOlO0152 3 NOT YET APPROVED (3) The construction materials and methods standards set forth in subsection (b) of Section 16.52.130; and (4) The standards for uti!ities set forth in Section 16.52.140. (B) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garagesm~ storage areas and subfloor craw! s~aces, except existing beTo~-__ w-grade subfloor crawl spaces meeting the standards set forth in subsection (d) of Section 16.52.130. (22)M~._u~ac~u_ed home means a structure transportable in one or more sections, which is built on a _w±~hou~amermanent chassis and is designed for use with or permanent foundation when it is attached to the required utilities.The term 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. (24) "Market Value of the structure" means that value of a structure determined by estimating the cost to replace the structure in a new condition and adjusting that cost figure by the amount of = = ~d~pr~c_at_on which has accrued since the structure was constructed.The cost of replacement of ~he~ suruc~u_e shall -’ ~ ’~reference tobe based on a square foot cost factor ~eze_m~ne~by a building cost estimating guide recognized by the building construction industry, as approved by the f!oodplain administrator. The amount of depreciation shall be determined by taking into account the age and physica! deterioration of the structure and functional obsolescence, as approved by the floodplain administrator, but shall not include economic or other forms of~x~_n~±=-÷=~ -- obsolescence. ~he_ use o~_ rem!acemen~_ costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be approved at the discre~_on of the floodplain administrator on!v if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. (2%5) "Mean sea leve!" means, for purposes of the National F!ood Insurance Program, the Nationa! Geodetic Vertica! Datum (NGVD) of 1929 or other datum, to which base flood elevations sho~ on a community’s F!ood insurance Rate Map are referenced. (~:o)New construction", for floodplain management purposes, means structures for wh!ch the "start ~ commenced on or after the effective date of f!oodplain management regulations adopted by this community, and includes any subsequent im_mrovements to such structures. (2~7) "Person" means an individual or his agent, fSrm, partnership, association or corporation, or agent of the 040401 sm 0100152 4 NOT YET APPROVED aforementioned groups, or the State oz California or its agencies or political subdivisions. (238) "Recreational vehicle" means a vehicle which: (A) !s built on a single chassis; (B) Measures 400 s~uare feet or less at its argest or widest horizonta! projection; (C) is designed to be self-propelled or permanently towable by a smal! truck; (D) Is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreationa!, seasonal use camping or trave!; and (E) Incorporates a vehicle that is defined by the State of California as a camp trailer, camper, fifth-whee! travel trailer, or house car. (2~9) "Remedy a violation" means to bring the structure or other deve!opment into compliance with 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 f!ood damages,implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federa! or State of California financia! exposure with regard to the structure or other deve!opment. (~-9~30) "Riverine" means relating to, formed by,or resembling a river (including tributaries), stream, or brook. (3@i) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. (3~2) "Special flood hazard area (SFHA)" means an area having specia! flood or flood-related erosion hazards, and shows. on the Flood insurance Rate Map as Zone A, AO, A! - A30, AE, ~£~, V! - V30, VE or V. (333) "Start of construction" includes substantial im_mrovement 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 18@ days from the date of issuance 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 co!~ns, 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 040401 sm 0100152 5 NOT YET APPROVED part of the main structure. For a substantia! improvement, the actua! start of construction means the first alteration of any wall, ceiling, f!oor, or other part of a structure, whether or not that alteration affects the externa! dimensions of the structure. (304) "Structure" means a wa!led and roofed building, including but not limited to a gas or li_quid storage tank, that is principally above ground, as wel! as a manufactured home. (345) "Substantial damage" means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its origina! damage-free condition would equa! or exceed__~{fty percent of the market value of the s~ruczu_e before~ ’ r the damage occurred. (3%6) "Substantial improvement"means any reconstruction, rehabilitation, addition, or other proposed new development of a szrucuu_e the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the im_mrovement. This term includes a structure which has ~curred " ~ ~’ ~,..... su~s~n~ia± damage regardless of the actual repair work to be performed. The term shall not include: (A)~_y project, or any portion of a project, for improvement of a structure ......~ exi ’ ’ ’~’~ the safer living csndi~-~ undertaken in response to a finding by the local code enforcement official that there are existing violations o~ State of California or local health, sanitary, or safety code specifications which render the structure unfit for human occupancy; or (B) Sm_y alteration of an historic structure, provided that the alteration will not result in the termination of a structure’s continued designation as an historic structure::or (C)~ny project, or any portion of a project, for improvement of a structure that is required to comply with the ~ericans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et.seq.). (3~7) "Variance" means a grant of relief from the requ±remen~s= ~ of ~h~s’ chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (3~8) "Violation" means the failure of a structure or other development to be fully compliant with the community’s fiood~iain management regu±~ions A structure u~ -~ development without the elevation 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. 040401 sm 0100152 6 NOT YET APPROVED SECTION 2. Section 16.52.130 (Standards of Construction) of Chapter 16.52 (F!ood Hazard Regulations), Title 16 [Building Regulations] 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)Am_choring. (!)Al! new construction and substantially ~p ......e~e~improved structures shall be anchored to prevent flotation,collapse or latera! movement of the structure resulting from hydrodym_amic and hydrostatic loads, including the effects of buoyancy. (2) Al! manufactured homes shal! meet the anchoring standards of Section 16.52.160. (b)Construction Materials and Methods. (i)All new construction and substantially _,~r wiimprove6mentsstructuresshall be consu_ucted th f!ood- resistant materials as specified in applicable Federal Emergency Management Agency tecb_nica! bulletins, including but not limited to TB 2-93 and uti!itv e_c~_pmenu resistant to ~!ood damage. (2) Al! new construction and substantially o.~ improved structures shall be constructed using methods and practices that minimize f!ood damage. (3) Al! new construction and substantially improveJ ~ structures shal! be constructed with electrical, heating, ventilation, plumbing and air conditioning e.muipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the com_monents during conditions of f!ooding. (4) Require within Zones ~ or AO, adequate drainage paths around structures on slopes to guide f!oodwaters around and away from proposed structures. (c)Elevation and F!oodproofing. (!)in residentia! new construction and substantial improvement of any residential structure, the !owest f!oor, including basement: (A) In an AO zone, shal! be elevated above the highest adjacent grade to a height equa! to or exceeding the depth number specified in feet on the F!ood 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 _easu one foot above the highest adjacent grade; or (C) In al! other zones, shal! be elevated to or above the base flood elevation. _ __ =s~_uc~ure the elevation ofUpon the complet~o~ o: the ~ ’ , the lowest f!oor, including basement, shall be certified by a 040401 sm 0100152 7 NOT YET APPROVED registered professional engineer or surveyor, and verified by a community official to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. (2) Nonresidential new construction and any sums~an~_a!ly : ...........imoroved ~f ~n~.__ ~,~o~ ....._~nonresidentia! structure shall either be elevated to conform with subdivision (i) of this subsection or, together with attendant utility and sanitary facilities: (A) Shall be floodproofed be!ow the minimum elevation required in subdivision (!) above so that the structure is watertight with walls substantially impermeable to the passage of water; (B) Shall possess s~_uctura!components capable of resisting hydrostatic and hydrodynamic loans ande~ec~s:~ ~ of buoyancy; and (C) Shall be certified by a registered professional engineer that the szandar@s of this subdivision are sa~_sfied The certification shall be provided to the floodplain administrator. (3) A!l new construction and substantially improve~~ structures, with fully enclosed areas below the !owest floor (excluding basements) that are usable solely for the parking of vehicles, building access or storage, and which are subject to flooding shal! be designed to automatically equalize hydrostatic f!ood forces on exterior walls by al!owing for the entry and exit of f!oodwaters. Designs for meeting this requirement shall com_m!y with the guidelines set forth in the applicable Federal Emergency Management Agency tecbin_ical bulletins, including but not limited to TB 1-93 and TB 7-93, and shall meet or exceed the fol!owing minimum cri~ ’__ (A) Possess a minimum of two openings with a total net area of not less than one square inch for every square foot of enc!osed area subject to flooding. The bottom of al! openings shall be no higher than one foot above grade. Openings may be e_quipped with screens, !ouvers, valves or other coverings or devices_mrovided that they_ permit the automatic entry and ex_~ of f!oodwaters; or (B) Be certified by a registered professional engineer or architect. t._es(4) Manufactured homes shal! also meet ~ tandard in Section 16.52.160. (d) Existing Residentia! Be!ow Grade Subf!oor Craw! Spaces. Notwithstanding the provisions of ~---~u~±~-- (c) (I) existing residential structures, existing below-grade subfloor craw! spaces shall be al!owed to remain beneath substantially improved structures provided all other standards of construction set forth {n section 16.52.130 and the fol!owing conditions are met: 040401 srn 0100152 8 NOT YET APPROVED (!)The lowest floor of the living space of the existing structure is at or above the elevation required under subsection (c) above; (2) The below-grade crawl space shall be backfilled to the maximum extent possible without violating Uniform Building Code requirements for minimum crawl space height; (3) The crawl space grade is not more than two feet be!ow the lowest adjacent grade outside the foundation; (4) The height of the crawl space, measured from the interior grade of the craw! space to the top of the foundation wal!, does not exceed four feet; (5) There is an adequate drainage system capable of removing floodwaters from the interior area of the crawl space within seventy-two (72) hours after the f!ood event; and (6) The expected ve!ocity of the f!oodwaters at the site does not exceed five feet per second. (e)Prohibition of Residential Basement Construction. (i)For residentia! structures !ocated within a Special Flood Hazard Area: (A)No new basements sha!l be constructed; and (B)No existing basements shall be expanded. SECTION 3. The Council finds that this project is exempt under the California Envirom_menta! Quality Act as a minor alteration in land use limitations in an area with an average s!ope of less than 20% which does not result in any changes in land use or density. (CEQA Guideline Section 15305) and, therefore no environment impact assessment is necessary. // // // // // // // 040401 sm0100152 NOT YET APPROVED SECTION 4. This ordinance shal! be effective thirty-first day after the date of its adoption: INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: On City Clerk APPROVED AS TO FORM: Mayor APPROVED: City Attorney City Manager Director of Public Works Director of Administrative Services the 040401 sm 0100152 ! 0 Attachment <© o oo P I’op~rty De~,crlptlon Properly Address Legal Description Assessor’s Parcel No. Borrower Procerty rights aepraised Neighborhood or Project Name Sales Price $ Lender/Client A~prsiser Location ~ Urban Built up ~ Over 75.% Growth rate ~ Rapid Property values ~] Increasing Demand/supply ~ Shortage Marketing time ~ Under 3 roDS. ~3-6 mas. DOver 6 roDS. Note: Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood boundaries and characteristics’.. ATTACHMENT C UNIFORM RESIDENTIAL APPRAISAL REPORT ~tlo City State Zip Code County Tax Year R.E. Taxes $ Special A~sessments Current Owner Occupant ~ Owner ~ Tenant ~ Vacant~ Sime~o ~ L .... he,d I ~oie= Type F=l PU0 fF=’I Conpem~nium IHUONA an~y) HOAS ~Mo.Map Relerance Census Tract, Date of Sale Description and $ amount of loan chargesiconc~ssidns to be paid by seller Address Address eminent Single family housln Present land Land change~ Suburban ~ Rural Prod PRIC-g ]use %use ~’~25-75% ~Undar25%occupancy 1~(06~~y?s~ IOnefamily r--3Net like~ r"3UkalY ~In ~,= l~3~er sup~~Va~t (~S~I IIIIIIIIII Pre~minsnt IIIIIIIIII Commercial-- Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, emptoymenl stability, appeal to market, etc.): Market conditions in the subject neighborhood (including support for the above conclusions related to the trend of property values, demand/supply, and marketing time - such as data on competitive properties for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc,): Project Information for PUPs (if applicable) - - Is the developer/Duildar in control of the Home Owners’ Association (HOA)? ~ Yes E~] No Approximate total number of units in the subject project Approximate total number of units for sale in the subject project Describe common elements and recreational facilities: Site area Corner Let r~Yes ~No Specific zoning clas~tlen and,,=~criotlen ~Zoning compliance k__] kagal ~] Legal ....onid~ing (Grandta~,ered use) ~ Imeg~= ~ NO z6ning ~llities Public Other ~ite Improvements Type Public Private G~Curb/gu~er Water ~Side~lk S~ita~ sewer ~Street lights Storm sewer A ey ............ ~mmen~ (apperant adve~e e~emen~, encroachmenta, sp~i~ assessmenta, s~ide arab, illeg~ or legal Topography Size Shape Drainage View Landscaping Driveway Surface Apoaren easements FEMA Special Rood Hazard Area [] Yes ~ No FEMA Zone Map Date,FEMA Map No. nonconforming zoning use, etc.): Finished area above grads contains: INTERIOR Materials/Condition Floors Wails Trim!Finish Bath Floor Bath Wainscot Doors EXTE~RtOR DESCRIPTION Foundation Extedor Walls Reel Surface Gutters & Dwnspts. Window Type Storm/Screens Manufactured House Dining I Kitchen I GENERAL DESCRIPTION No. of Units NO, of Stodes Type (Det./Att.) Design (Style) E.’~;isting/Propesed Age (Yrs.) Effective Age (Yrs,) ROOMS I Foyer t Living Sasamentl I Lsvet!ILevel 2 I FOUNDATION Slab Crawl Space Basement Sump Pump Dampness Settlement Infestation Den !F"mily Rm. Rec, Rm. BASEMENT Area Sq, Ft. % Finished Ceiling Walls Floor Outside Earn/ INSULATION Roof Ceiling __ Walls __ Floor ~ [[~ None __ UnSown Other Area Rooms; HEATING Type Fuel Condition CCOUNG Central Other Ccnd!tion Additional features (special energy efficient ~ems, etc.): I Bedroom(s); KITCHEN EQUIP. ATTIC Refrigerator r’-] None Range.tOven r-- stairs Disposal ~Drop Stair Dishwasher ~ Scutlle Fan/Hood Floor Microwave ~]Heated Wes;leriDryar ~Finished Bedrooms’I # Baths j Laundry Bath(s); AMENITIES ~]Fireplece{s) #__~Patio Deck _ Porch I Sdu~e Feet of Gross Living Area CAR STORAGE: None r~ Garage # of cars Attached Detached Built.In Carporf Ddveway Condition of the imorovements, ctspreciatton (physical, functional, and external), repairs needed, quality of construction, remedeileg/edditidns, etc.: - Adverse environmental conditions (such as. but not limited to, hazardous wastes, toxic substances, etc.) present in the improvements, on the site, or in the immediate vicinity of the subject property: Fre~8is Mac Form 70 6-93 10 CH.PAGE 1 OF 2 Fatlnie Ma.e Form 1004 5-93 !Valuation Se©tlo.n ESTIMATED SITE VALUE ....................... ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS: Dwelling __ Sq. Ft @ $ ~ = $ Sq. FI @ $ __ UNIFORM RESIDENTIAL APPRAISAL R~=PORT ~ No. Comments on Cost Approach {such as, source of cost estimate, site value, square foot calculation and, for HUD, VA and FmHA. the estimated remaining economic life of the property): Ga-rage/Carport_ Sq. Ft @ $ __ Total Estimated Cost-New .............. Less Physical IFunctionall Ex,emal Depreciation.I I = $ Depreciated Value of Improvements , =As-is" Value of S te Improvements INDICATED VALUE BY COST APPROACH ............ ITEM t SUBJECT I COMPARABLE NO. 1 -s COMPARABLE NO. 2 !COMPARABLE NO. 3 Address Proximity to Subject [] Sales Price m Price/Gross Liv. AreaIDate and/or Verification Saumss VALUE ADJUSTMENTS !Sales Or FinancingConcessions []Simple ~i~ Site BAbove Grade Tcud Berms Room Count ;~ Gross L;vi, ng Area~Basement & Finished~Rooms ~iow Grade Fun~on~ Utiiffy ~,HeetinglCo°ling Energy Efficient Items GarageiCarpor~ ’"Porch, Patio, Deck, Fireplace(s}, etc. Fence, Pool, eta. Sq. Ft. DESCRIPTION i "~ -) S Adlustment DESCRIPTION S Nat Adj. (total) Adjustec Sales Prlca of Comparab!e $ Comments on Sales Comparison (including the subject property’s compatibility to the neighborhood, etc.): ....... ITEM SUBJECT {COMPARABLE NO. 1 !COMPARABLE NO. 2 COMPARABLE NO. 3 Date, Pdce and Data j 1 Source for pdsr sales within year of appraiaal Analysis ef any current agreement of cale, option, or listing of the subject prape~ly and analysis of any pder salss of subject and comparables within one year of the ~ate of appraisal: INDICATED VALUE BY SALES COMPARISON APPROACH ....................................................$ [] INDICATED VALUE BY INCOME APPROACH {if Acoticeblel.Estimated Market Rerrt S,/Me. x Gross Rent Multiplier = $i This appraisal is made L-.J "as is"subje.:t to the repairs, alterations, inspections, or conditions listed below L~ subject to completion per plans and specifications. Conditions of Appraisal: ~Rnal Rsconciliatieo: The purpose of this appralsaJ is to estimate the market value of the real property that is the aub|ec’l of this report, based on the abc~’e conditions and the certification, contingent and limiting conditions, and market value definition that ate stated in the attached Freddie Mac Form 439/Fennie Mae Form 1004B (Revised I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT tS THE SUBJECT OF THIS REPORT, AS OF I~/HICH IS THE DATE OF INSPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TO BE $APPRAISER: SUPERVISORY APPRAISER (ONLY IF REQUIRED): Siqnatura Name Date Rec~rt Siqned State Certification # Or State License # Siqnature r~Did r"-lDid Not Name Inspect Property Date Report Signed State State Certification #State State Or State License #State lO GH.PAGE 2 OF 2 Fa..’lnie Me, e Form 10~4 6-93