HomeMy WebLinkAboutStaff Report 2302-10079.Adoption of an Ordinance amending Chapter 16.52 (Flood Hazard Regulations) to Correct
an Error in Ordinance 5566. Environmental Assessment: Not a Project.
Item No. 9. Staff Report Page 1 of 1
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City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: March 6, 2023
Report #:2302-1007
TITLE
Adoption of an Ordinance amending Chapter 16.52 (Flood Hazard Regulations) to Correct an
Error in Ordinance 5566. Environmental Assessment: Not a Project.
RECOMMENDATION
Staff recommends that Council adopt the attached ordinance amending Chapter 16.52 (Flood
Hazard Regulations) to Correct an Error in Ordinance 5566.
BACKGROUND
On November 14, 2022, the City Council adopted Ordinance 5566 to adopt the 2022 California
Residential Code with Local Amendments as well as related updates to Palo Alto Municipal
Code Chapter (PAMC) 16.52, Flood Hazard Regulations. Upon review of that ordinance, staff
identified an error in the document that was presented to Council and adopted. The resulting
text in PAMC Section 16.52.130(c)(1)(A) is difficult to comprehend. The attached ordinance
corrects this error. No substantive change is proposed.
ENVIRONMENTAL REVIEW
This ordinance is exempt from the provisions of the California Environmental Quality Act
(“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with
certainty that there is no possibility that the amendments herein adopted will have a significant
effect on the environment.
ATTACHMENTS
Attachment A: Ordinance Amending Ch 16.52 Flood Hazard Regulations to Correct an
Administrative Error
APPROVED BY:
Molly Stump, City Attorney
*Not Yet Adopted*
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0160099_20230215_ay16
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending
Chapter 16.52, Flood Hazard Regulations to Correct an
Administrative Error
SECTION 1. Section 16.52.130 (Standards of Construction) of Chapter 16.52 (Flood Hazard
Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows
(additions underlined, deletions struck through, and omissions of unchanged language noted by
[. . .]):
16.52.130 Standards of construction.
In all areas of special flood hazards the following standards are required:
[. . .]
(b) Construction Materials and Methods.
(1) All new construction and substantially improved structures shall be constructed
with flood-resistant materials as specified in applicable Federal Emergency Management
Agency t Technical b Bulletins, including but not limited to TB 2-93, and utility equipment
resistant to flood damage.
[. . .]
(c) Elevation and Floodproofing.
(1) In residential new construction and substantial improvement of any residential
structure, the lowest floor, including basement:
(A) In an AO zone, shall be elevated to height equal to or exceeding to a height above
the highest adjacent grade of not less than the depth number specified in feet on the
Flood Insurance Rate Map plus 1 foot, or not less than 3 feet above the highest adjacent
grade if no depth number is specified;
[. . .]
SECTION 2. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the amendments herein adopted will
have a significant effect on the environment.
*Not Yet Adopted*
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0160099_20230215_ay16
SECTION 3. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Public Works
____________________________
Director of Administrative Service