HomeMy WebLinkAbout03/15/1994, 4 - MINOR AMENDMENTS TO THE CITY'S FLOOD DAMAGE PREVENTION REGULATIONS. IIIN�I�III�IIIII^III���IN MEETING DATE:
II I��uIJ City ofSan LUSS OBISpo March 15, 1994
COUNCIL AGENDA REPORT ITEM NUMBER'
FROM:
Michael D. McCluskey, Public Works Director`'-.
Prepared by: Gerald W. Kenny, Supervising Civil Engineer/�
SUBJECT:
Minor Amendments to the City's Flood Damage Prevention Regulations.
CAO RECOMMENDATION:
Pass to print, an ordinance amending Sections 17.84.030, 17.84.110, 17.84.130 and
17.84.160 of the City's Flood Damage Prevention Regulations, as recommended.
DISCUSSION:
BACKGROUND
The City has been a participant in the National Flood Insurance Program (NFIP) since 1974 and,
as such, is required to adhere to the minimum standards established by the Federal Emergency
Management Agency (FEMA). The City's Flood Damage Prevention Regulations (Flood
Ordinance) was originlly adopted on May 18, 1979 when the Special Flood Hazard Zones were
finally established by the Army Corp of Engineers. (Flood Insurance Rate Map, or, FIRM) The
ordinance has been amended 4 times since 1979, due to changes imposed by FEMA.
The regulations set the minimum requirements for developments within the respective flood
hazard zones. The City may establish greater standards than what FEMA requires. For
instance, the minimum finished floor or floodproofed elevation under the City's regulations is
one (1) foot above the base flood elevation. The FEMA requirement is "at or above" the base
flood elevation. Our requirement allows for "reduced" flood insurance rates and limited change
in flood level as a result of development within the flood zones.
During a periodic review by FEMA personnel, staff was advised to make minor amendments to
our regulations to be compliant with the Federal regulations. In addition, staff is recommending
other minor changes to the regulations.
PROPOSED CHANGES
1. Map Dates - Add references to the "dates" of the original flood study and current
Flood Insurance Rate Map, to be compliant with Federal regulations.
2. Modified definition of "substantial improvement" - Staff feels that it would be
advisable to extend the period between subsequent remodels of buildings (in flood hazard zones)
from 2 years to 5 years to allow a longer time for costs to accumulate which would trigger the
flood prevention measures.
In the past, some remodels did not meet the condition for a "substantial improvement" (50% of
""���►►�ul►1IIIIIIU° IIIIIII city of San Luis OBispo
Worms COUNCIL AGENDA REPORT
Flood Ordinance Amendments
Meeting of March 15, 1994
Page Two
market value of the structure, but were near it) and subsequent remodels have occurred after the
current "2 year accumulation period". This situation frequently occurs when a building is
remodeled by the owner, then a tenant completes the interior and front of the building. Neither
project costs 50% of the market value, but together they frquently do. The structures "appear" to
be new or "significantly improved", but still aren't protected from flooding. If they were "flood
protected", they would qualify for reduced flood insurance premiums and reduction of the
amount of damage and claims.
The City's primary goal in participating in the NFIP is to reduce losses to persons and property.
Many times, the added cost to floodproof isn't significant, either by itself or when compared to
the entire cost of the remodel. Some parties consider this requirement to be just an added
condition and expense that has no perceived benefit, particularly when severe flooding hasn't
occurred in a long while. Should the property be flooded in the future, the City would no doubt
be criticized for not requiring the flood protection.
Staff considered lowering the value defining a "substantial remodel" that would require flood-
proofing, but felt the "standard" established by FEMA (50% of market value) is adequate.
3. Letters of Map Revisions - Requires that a Developer's engineer apply for and obtain
Letters of Map Revisions (LOMRs) from FEMA, when grading (or other improvements) that
would eliminate or otherwise modify special flood hazard zones, thereby eliminating the
requirement to obtain flood insurance or reducing the flood insurance rates. FEMA now
requires a fee for such processing, for private developments.
4. Delete "Habitable" Floors - The word "habitable" was deleted in the past from the
definition of "lowest floor" under FEMA and City regulations. However, this particular section
wasn't revised.
S. Restriction on floodproofing - Deleting the current "automatic" option to "floodproof
non-residential structures. Currently, all non-residential structures have the option of choosing to
"floodproof" or raise the lowest floor elevation one foot above the base flood level. While raising
the floor level in the downtown area is impractical and floodproofing is the only alternative,
areas of new development, where such work is possible, should be required to do so.
In relatively open areas, such as the proposed office complex at Prado Road and Elks Lane, a
large undeveloped area may be re-graded to raise the ground "to or above" the base flood
elevation and thus eliminate the flood hazard zone, ongoing flood insurance premiums and a
flood protection system. (subject to a Letter of Map Revision, or "LOMR". See 3. above)
The proposed ordinance change would therefore provide discretion by the City Engineer to allow
floodproofing "only if the situation would justify "floodproofing" due to adjacent developments.
The regulations already provide for appeals to be considered by the City Council.
�-a
��� ►� ��IIIII�Bp�>nu�� 11 City O� San LUIS 08I Spo
i COUNCIL AGENDA REPORT
Flood Ordinance Amendments
Meeting of March 15, 1994
Page Three
ENVIRONMENTAL REVIEW
The Community Development Department has determined that there is no need for a separate
environmental review of these modifications based on a previous finding of no significant impact,
as determined in 1987 under ER31-87.
ALTERNATIVES:
Option 1: Direct staff to bring back revised ordinance amendments, based on City
Council direction.
FISCAL IMPACT:
No direct impact on the City.
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
Staff sent draft copies of the staff report and legislative draft of the amendments to local
surveyors (CLSA), architects, engineers (ASCE) and contractor associations, as well as the
Business Improvement Association (BIA) and Chamber of Commerce. The BIA had no
comments.
The Central Coast Chapter of the California Land Surveyors Association recommended a change
to the draft Section 17.84.110 to require the City Engineer to initiate applications for Letters of
Map Revisions (LOMRs) instead of developers. Staff disagrees because the property owner is
the beneficiary of removing flood hazard zones by eliminating (or reducing) flood insurance
premiums. There is also a cost for processing "multiple" lot flood map revisions, which varies
from $ 175 to $ 2000 (+/-), depending on the extent of checking involved. Single lot revisions
do not require a fee. The City Engineer is involved with the process, but there is no mandate for
the City to initiate map revisions.
Another recommendation by the CLSA in Section 17.84.160, B. is that the City Engineer have
"clear guidelines" in the ordinance where non-residential structures could be "floodproofed", in
lieu of raising the lowest floor. The draft ordinance has been revised accordingly.
Attachments:
1 - Draft ordinance
2 - Legislative draft
G:\...\FEMA\OrdRevis.REP
4-3
ORDINANCE NO. (1994 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS
17.84. 030, 17.84. 110, 17 .84 . 130 AND 17.84. 160 OF THE MUNICIPAL CODE
REGARDING FLOOD DAMAGE PREVENTION REGULATIONS
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Section 17.84 .030, paragraghs (I) , (J) and (CC) of
the Municipal Code of the City of San Luis Obispo are hereby
amended to read:
I. "Flood Insurance Rate Map (FIRM) " means the official
map, dated July 7, 1981, on which the Flood Insurance
Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
J. "Flood Insurance Study" means the official report,
dated October 1978, revised July 7, 1981, provided in which the
Flood Insurance Administration has provided flood profiles, as well
as the Flood Hazard Boundary-F loodway Map and the water surface
elevations of the base flood.
CC. "Substantial improvement" means any repair,
reconstruction or improvement of a structure, the cost
(cumulatively, within any five-year period) of which equals or
exceeds fifty percent of the market value of the structure either
before the improvement or repair is begun, or, if the structure has
been damaged and is being restored, before the damage occurred.
For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building commences,
4-A-
Ordinance No. (1994 Series)
Page Two
whether or not that alteration affects the external dimensions of
the structure. The term shall not, however, include either:
1. Any project for improvement of a structure to comply
with existing • state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living
conditions; or,
2. Any alteration of a structure listed on the National
Register of Historic Places, listed on the State Inventory of
Historic places or listed on the City's Historical and
Architectural Element of the General Plan.
SECTION 2. Section 17.84. 110 is hereby amended to add paragraph
G. to read:
G. Subdividers and/or Developers shall apply for and obtain
Letters of Map Revisions from the Federal Emergency Management
Agency when physical changes constructed with developments affect
flooding conditions which would change special flood hazard zones.
SECTION 3. Section 17 .84. 130, paragraph C.2 . , is hereby amended
to read:
C.2. Obtain and record the actual elevation (in relation to
mean sea level, 1929 NGVD) of the lowest floor (including basement)
of all new or substantially improved structures;
SECTION 4. Section 17.84.160 is hereby amended to read:
A. New construction and substantial improvement of any
structure shall have the lowest floor, including basement, elevated
4-S
Ordinance No. (1994 Series)
Page Three
to at least one foot above the level of the base flood elevation,
or, at least one foot greater than the depth number above the
highest adjacent grade in AO Zones.
B. EXCEPTION: The City Engineer may allow commercial,
industrial or other non-residential structures to be "floodproofed"
in developed areas, when elevating the lowest floor above the base
flood elevation is not feasible and/or the surrounding developments
are not built above the base flood elevation, together with the
attendant utility and sanitary facilities, and shall meet the
following conditions:
1. Be floodproofed to one foot above the base flood level, or
at least one foot greater than the depth number above the highest
adjacent grade in AO Zones, so that the structure, including
utilities and plumbing facilities, is watertight with walls
substantially impermeable to the pressure of water.
2. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and buoyancy.; and
3 . Require for all new construction and substantial improve-
ments, that fully enclosed areas below the lowest floor that 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 require-
ment must either be certified by a registered professional engineer
or architect, or meet or exceed the following minimum criteria:
4—to
Ordinance No. (1994 Series)
Page Four
a. Either a minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided, the
bottom of all openings shall be no higher than one foot above
grade. openings may be equipped with screens, louvers, valves
or other devises provided that they permit the automatic entry
and exit of floodwaters; or
b. Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration.
4 . Be certified by a registered professional engineer or
architect that the standards of this subsection are satisfied.
Such certification shall be provided to the City Engineer.
C. Manufactured Homes.
1. All new and replacement manufactured homes and additions to
manufactures homes shall:
A. Be elevated so that the lowest floor is at least one foot
above the based flood elevation; and
B. Be securely anchored to a permanent foundation system to
. resist flotation, collapse or lateral movement.
SECTION 5. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at
least five (5) days prior to its final passage in the Telegram-
Tribune, a newspaper published and circulated in said City, and the
same shall go into effect at the expiration of thirty (30) days
4- 7
Ordinance No. (1994 Series)
Page Five
after its said final passage. A copy of the full text of this
ordinance shall be on file in the office of the City Clerk on
and after the date following introduction and passage to print and
shall be available to any interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting held on the day of , 1994.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
MAYOR Peg Pinard
ATTEST:
CITY CLERK Diane Gladwell
APPROVED AS TO FORM:
i A or y
G:4•\FEMA\FloodReg.0rd
4-S
ORDINANCE NO. (1994 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CERTAIN
SECTIONS OF THE CITY'S FLOOD DAMAGE PREVENTION REGULATIONS
On , 19941 the San Luis Obispo City Council
voted to to introduce Ordinance No. (1994 Series) ,
which amends certain sections of the City's Flood Damage Prevention
Regulations (Flood Ordinance) .
The amendments include the following:
1. Adds dates of original flood study and current flood zone maps.
2. Extends period from 2 to 5 years to accumulate costs of subse-
quent building remodels in special flood hazard zones to determine
when a "substantial remodels" occurs requiring flood protection.
3. Requires developers to process flood hazard map revisions, when
. land grading affects special flood hazard zones.
4.. Provides for constructing new "non-residential" structures
above the base flood level by limiting the option to floodproof
buildings in special flood hazard zones.
The . Council must vote again to approve the ordinance before it
can take effect. That action is tentatively scheduled for
, 1994 at a regular City Council meeting to begin at
7: 00 PM in the Council Chambers of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City Clerk's
Office in Room 41 of City Hall, 990 Palm Street. For more
information, contact the Public works Department at 781-7200.
Diane Gladwell, City Clerk
Flood Ordinance Amendments
LEGISLATIVE DRAFT
Sections 17. 84 . 030, 17.84 . 110,. 17 .84. 130 and 17. 84 . 160 of the
Municipal Code of the City of San Luis Obispo are amended as
follows:
A. Section 17.84 .030 - Only the following paragraphs are amended
to read:
I. "Flood Insurance Rate Map (FIRM) " means the official
map. dated July 7 , 1981, on which the Flood Insurance
Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
J. "Flood Insurance Study" means the official report
dated October 1978 , revised July 7 , 1981, provided in which the
Flood Insurance Administration has provided flood profiles, as well
as the Flood Hazard Boundary-Floodway Map and the water surface
elevations of the base flood.
CC. "Substantial improvement" means any repair,
reconstruction or improvement of a structure, the cost
(cummulatively, within any Jib< five -year period) of which equals
or exceeds fifty percent of the market value of the structure
either before the improvement or repair is begun, or, if the
structure has been damaged and is being restored, before the damage
occurred.
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Legislative Draft of Flood Ordinance Amendments
Page Two
For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building commences,
whether or not that alteration afects the external dimensions of
the structure. The term shall not, however, include either:
1. Any project for improvement of a structure to comply
with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living
conditions; or,
2 . Any alteration of a structure listed on the National
Register of Historic Places, listed on the State Inventory of
Historic places or listed on the city historical and architectural
element of the general plan.
B. Section 17. 84 . 110 Add paragraph G. to read:
G. Subdividers and/or Developers shall apply for and obtain
Letters of Map Revisions from the Federal Emergency Management
Agency when physical changes constructed with developments affect
flooding conditions which would change special flood hazard zones.
C. Section 17.84 . 130, paragraph C.2 . , is hereby amended to read:
C. 2 . Obtain and record the actual elevation (in relation to
mean sea level, 1929 NGVD) of the lowest ha� e floor (including
basement) of all new and substantially improved structures;
1I
Legislative Draft of Flood Ordinance Amendments
Page Three
D. Section 17 .84 . 160 is amended to read,
A. Residents on. New construction and
substantial improvement of any reAa*vm4Iil structure shall have the
lowest floor, including basement, elevated to at least one foot
above the base flood elevation or at least one foot greater than
the depth number above the highest adjacent grade in AO Zones.
Nonresidential Construction. New construction and'
substantial 1 ovement of any commercial, industr' or other
nonresidential structur hall have the est floor, including
basement, elevated to one foot a the base flood elevation or at
least one foot great han the depth nu above the highest
adjacent g in AO Zones; or together with attendan ility and
tary facilities, shall
B. EXCEPTION: The City Engineer may allow commercial,
industrial or other non-residential structures to be "floodproofed"
in developed areas, when elevating the lowest floor above the base
flood elevation is not feasible and/or the surrounding developments
are not built above the base flood elevation, together with the
attendant utility and sanitary facilities, and shall meet the
following conditions:
1. Be floodproofed to one foot above the base flood level, or
at least one foot greater than the depth number above the highest
adjacent grade in AO Zones, so that the structure, including
utilities and plumbing facilities, is watertight with walls
Legislative draft of Flood Ordinance Amendments
Page Four
substantially impermeable to the pressure of water.
2 . Have structural components capable of resisting
hydrostatic and hydrodynamic loads and buoyancy; and
3 . Require for all new and substantial improvements, that
fully enclosed areas below the lowest floor that 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 must either
be certified by a registered professional engineer or architect or
meet or exceed the following minimum criteria:
a. Either a minimum of two openings having a total net
area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided, the
bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens,
louvers, valves or other coverings or devises provided that
they permit the automatic entry and exit of floodwaters;
b. Be certified to comply with a local floodproofing
standard approved by the Federal Insurance Administration.
4 . Be certified by a registered professional engineer or
architect that standards of this subsection are satisfied. Such
certification shall be provided to the City Engineer.
4-13
Legislative Draft of Flood Ordinance Amendments
Page Five
C. Manufactured Homes.
1. All new and replacement manufactured homes and additions
to manufactures homes shall:
A. Be elevated so that the lowest floor is at least one
foot above the base flood elevation; and
B. Be securely anchored to a permanent foundation system
to resist flotation, collapse or lateral movement.
4 `4
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
No. dvl-19516-0-6
City of SLO
STATE OF CALIFORNIA,
SS.
County of San Luis Obispo
I am a citizen of the United States and a resident, of the cm COUNCIL
PUBLIC HEARINGS
On Tuesday, March 15
County aforesaid; I am over the age of eighteen and not 1994, the San Luis obisp,
o
. .City Councik.Will hyd.pubiic-
hearings _beginning at 7r00''-
interested in the above-entitled matter P.m.in the Council Chambers
of City Hall, 990 Palm Street,
on the items listed below.
The reports will be available
I am now, and at all times embraced for review in the City Clerks
Department on the Wednes.
day before the meeting. For
in the publication herein mention was, the principal clerk more rmation, Please call.
3.
The Council may also dis.
cuss other hearings or busi-
of the printers and publishers of the SAN LUIS OBISPO ness items before or after
those listed. If you challenge
any one of the proposed
COUNTY TELEGRAM-TRIBUNE, a newspaper of general actions described below in
court, you may be limited to
raising Only those issues you
or someone else raised at the
circulation, printed and published daily, Sundays ex- public hearing described in
this notice, or in written
correspondence delivered to
cepted, at the City of San Luis Obispo in the above the City Council at,or prior to,
the Public hearing.
CULTURAL HERITAGE
named coup and state; that notice COMMITTEE HISTORICAL
county MASTER LIST-to consider a
recommendation from the
Cultural Heritage Committee
to add seven properties to the
Master List of Historic Re-
sources; 50 Higuera St. (the
old CalTrans Office), 1350
California Blvd. (SLO High
Gymnasium), 4025 Orcutt
at which the annexed clipping is a true printed copy, was Rd.(Rodriguez Adobe), 3897
S. Higuera St, (Long/Bonetti
published in the above-named newspaper and not in any Farm), 2176 Johnson Ave.
(Sunny Acres), 978 Olive St.
supplement thereof — on the following dates, to-wit: (Heritage Inn),and 1590 Lizzie
St.(La Loma/Bowden Adobe).
(30 min.)
March 5 ZONING TEXT AMEND.
MENT• PAYLESS STORES -
to consider a request to
amend the zoning regulations
to allow additional uses in the
Neighborhood Commercial
(C-N)zone.(45 min.)
URBAN WATER MANAGE•
MENT PLAN-to consider the
City's Urban Water Manage.
that smd newspaper was duly and regularly ascertained ment Plan.(60 min.)
Oiane R.Gladwell,
and established a newspaper of general circulation by City Clerk
May 5.1994 dv19516
Decree entered in the Superior Court of San Luis Obispo
County, State of California, on June 9, 1952, Case #19139
under the provisions of Chapter 1, Division 7, Title of the
Government Code of the State of California.
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
T
(Signature of Principal Clerk)
Date March 5 19 94