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HomeMy WebLinkAboutOrdinance 1228 Flood Damage PreventionCITY OF PALM DES PUBLIC WORKS DEPAR STAFF REPORT MEE71i61112 13r1IT" _ 'e2.,.:��` Elcru4i, I I; iE" t � i ii a.<+ , .ate/p..w.�. m..m ..�.� a. - j REQUEST: ADOPT ORDINANCE NO.. • 1228 AMENDING MUNICIPAL CODE SECTIONS 28.06.020 AND 28.08.030, OF TITLE 28 — FLOOD DAMAGE PREVENTION SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: September 29, 2011 CONTENTS: Ordinance No. 1228 Letter from California Department of Water Resources dated 8/17/11 Recommendation Waive further reading and pass Ordinance No. 1228 amending sections 28.06.020 and 28.08.030, of Title 28 — Flood Damage Protection. Background The staff of the State of California Department of Water Resources (i.e., Federal Emergency Management Agency) met with City staff on February 18, 2011. After reviewing the City's currently adopted Floodplain Ordinance No. 985 (Title 28 of the Municipal Code), their staff determined that the City needs to update the ordinance/code. The Department of Water Resources submitted a letter to the City dated August 17, 2011, requesting that the City's floodplain ordinance be updated and that a draft be provided to them for review and comment within 30 days of their letter. The specifics of the update were previously provided to City staff via e-mail dated August 4, 2011. The amended draft ordinance/code was sent to their staff for review on August 29, 2011. Their staff indicated via e-mail on September 2, 2011, that the draft amendments have complied with updating the City's ordinance, and that the City will'be meeting all National Flood Insurance Program standards once the City Council adopts the amended ordinance. The California Department of Water Resources will require a certified copy of the newly adopted amendment to the ordinance. The two sections of the Municipal Code that are being amended follow with the portions being deleted shown struck out in gray and the new additions or changes shown in bold. Staff Report Amend Municipal Code Sections 28.06.020 and 28.08.030 September 29, 2011 Page 2 of 4 28.06.020 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September-4, 1�366 August 28, 2008, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated Septe ber-4, 1-986 August 28, 2008, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the public works department, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California. (Ord. 985 § 1 (part), 2001) 28.08.030 Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following. A. Permit Review. Review all development permits to determine that: Permit requirements of this title have been satisfied, 2. All other required state and federal permits have been obtained, 3. The site is reasonably safe from flooding, and 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this title, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. B. Review, Use and Development of Other Base Flood Data. 1. When base flood elevation data has not been provided in accordance with Section 28.06.020, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Chapter 28.10. Any such information shall be submitted to the city council for adoption; or 2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas — Staff Report Amend Municipal Code Sections 28.06.020 and 28.08.030 September 29, 2011 Page 3 of 4 A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Chapter 28.10: a. Simplified method: i. One hundred -year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge -drainage area method; and ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or b. Detailed method: i. One hundred -year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and ii. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program. C. Notification of Other Agencies. In alteration or relocation of a watercourse: 1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; 2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and 3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. D. Base Flood Elevation changes due to physical alterations: 1. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). 2. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Staff Report Amend Municipal Code Sections 28.06.020 and 28.08.030 September 29, 2011 Page 4 of 4 D.E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed the following: Certification required by Sections 28.10.010(C)(1) and 28.10.040, 2. Certification required by Section 28.10.010(C)(2), 3. Certification required by Section 28.10.010(C)(3), 4. Certification of elevation required by Section 28.10.030(B), 5. Certification required by Section 28.10.060(A), 6. Information required by Section 28.10.070(F), and 7. Reports required by Section 28.10.080(C). &F. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 28.12. :G. Remedial Action. Take action to remedy violations of this title as specified in Section 28.06.030. (Ord. 985 § 1 (part), 2001) Fiscal Analysis There is no fiscal impact associated with this action. Submitted B �e�" 671-111 , 4, R. Page arner, L.S Sr. E ineer/City Surveyor ,, (e Davi J. in, City Attorney P �✓1 7F111 Wohlm�C"iana Departpent Head: i ,n Mark G en ood, P.E. Director of Public Works ORDINANCE NO. 1229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 28.06.020 AND 28.08.030 OF TITLE 28 — FLOOD DAMAGE PREVENTION, OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NO. 985) RELATIVE TO THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES REQUIREMENTS WHEREAS, the City Council adopted Ordinance No. 985 on April 26, 2001, establishing floodplain management regulations; and WHEREAS, the State of California Department of Water Resources has requested updates to the City's Floodplain Ordinance No. 985 (Title 28) in order to meet the minimum National Flood Insurance Program requirements pursuant to Title 44, Code of Federal Regulations, Sections 59, 60.3-60.6, and 65.3; and WHEREAS, the adoption of an amended floodplain management ordinance is a prerequisite for continued participation in the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm, California, that the following sections of the Palm Desert Municipal Code are hereby amended as follows: Title 28 — Flood Damage Prevention Section 1. Chapter 28.06 General Provisions "Section 28.06.020 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated August 28, 2008, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated August 28, 2008, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the public works department, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California." Ordinance No. 1228 Section 2. Chapter 28.08 Administration "Section 28.08.030 Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following. A. Permit Review. Review all development permits to determine that: 1. Permit requirements of this title have been satisfied, 2. All other required state and federal permits have been obtained, 3. The site is reasonably safe from flooding, and 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this title, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. B. Review, Use and Development of Other Base Flood Data. 1. When base flood elevation data has not been provided in accordance with Section 28.06.020, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Chapter 28.10. Any such information shall be submitted to the city council for adoption; or 2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Chapter 28.10: a. Simplified method: Ordinance No 1228 One hundred -year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge -drainage area method; and ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or b. Detailed method: i. One hundred -year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and ii. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program. C. Notification of Other Agencies. In alteration or relocation of a watercourse: 1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; 2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and 3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. D. Base Flood Elevation changes due to physical alterations: 1. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). 2. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. K, Ordinance No. 1229 E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed the following: 1. Certification required by Sections 28.10.010(C)(1) and 28.10.040, 2. Certification required by Section 28.10.010(C)(2), 3. Certification required by Section 28.10.010(C)(3), 4. Certification of elevation required by Section 28.10.030(B), 5. Certification required by Section 28.10.060(A), 7. Reports required by Section 28.10.080(C). F. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood ,elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 28.12. G. Remedial Action. Take action to remedy violations of this title as specified in Section 28.06.030." The foregoing ordinance was approved and adopted at a regular meeting of the Palm Desert City Council held on this day of 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JEAN M. BENSON, MAYOR M STATE OF CALIFORNIA - CALIFORNIA NATURAL RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES EDMUND G. BROWN JR., Governor SOUTHERN REGION OFFICE 770 FAIRMONT AVENUE, SUITE 102 GLENDALE, CA 91203-1035 Go AUG 1 7 2011 Honorable Jean M. Benson %t�litt V L' Mayor of the City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 F'�US�IG V+IORK5 Dear Mayor Benson: OEr4I Thank you for the cooperation and courtesy extended to Salomon Miranda of my staff during our Community Assistance Visit in your community on Friday, February 18, 2011. We hope the meeting was as useful and informative for your community's floodplain management staff as it was for us. The purpose of the CAV is to provide information and assistance about the National Flood Insurance Program. On behalf of the Federal Emergency Management Agency, I commend your staff for their conscientious efforts in implementing the NFIP. Continued enforcement of the NFIP regulations will ensure your community's good standing in the NFIP and guarantee availability of flood insurance coverage for residences that are in flood hazard areas. A copy of your Community Visit Report is enclosed for your review and action. Our CAV did reveal a specific action that needs to be taken to bring your community's floodplain management program into compliance with NFIP requirements. We request that, within thirty 30 day--, of the date of this letter, your community takes the following action: Provide, for our review and comment, a draft ordinance that updates the City's Floodplain Ordinance No. 985 (Title 28) in order to meet the minimum NFIP requirements pursuant to Title 44 Code of Federal Regulations Sections 59, 60.3-60.6, and 65.3. The adoption of an amended floodplain management ordinance is a prerequisite for continued participation in the NFIP. If you have questions concerning this letter, the enclosed report, or any aspect of the NFIP, please contact Salomon Miranda of my staff at (818) 500-1645, extension 245 or at salomon(cDwater ca gov. I can be reached at (818) 500-1645, extension 222. Sincerely, ORIGINAL SIGNED BY: Mark Stuart Mark Stuart, Chief Southern Region Honorable Jean M. Benson Page 2 Enclosure cc + enclosures: Mr. Bo Chen, City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Mr. Page Garner, City Surveyor City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 bcc (email): Ms. Cynthia McKenzie, Senior Planner Federal Emergency Management Agency Region IX cynthia.mckenziedhs gov Mr. Frank Mansell, Planner Federal Emergency Management Agency Region IX frank.mansellCa�dhs aov Mr. William Hom California Department of Water Resources Division of Flood Management billhAwater.ca.gov FEDERAL EMERGENCY MANAGEMENT AGENCY COMMUNITY VISIT REPORT SECTION I 1. NAME OF COMMUNITY 2. STATE 3. COMMUNITY ID NUMBER 4. COUNTY Palm Desert California 060629 Riverside 5. VISIT CONDUCTED BY 6. AGENCY 7. DATE OF VISIT Salomon Miranda California Department of Water Resources February 18, 2011 SECTION 11 8. NAME OF LOCAL OFFICIAL 9. TELEPHONE NUMBER Mr. Bo Chen, City Engineer (760) 776-6450 10. ADDRESS OF LOCAL OFFICIAL 73-510 Fred Waring Drive, California 92260 SECTION III - FINDINGS PART A RESPONSE QUESTIONS - Select appropriate response Serious Minor None 1. Are there problems with the community's floodplain management X regulations? 2. Are there problems with the community's administrative/enforcement X procedures? 3. Are there any engineering or other problems with the maps or Flood X Insurance Study? 4. Are there any other problems in the community's floodplain management X program? 5. Are there problems with the Biennial Report data? _ YES X NO 6. Are there any programmatic issues or problems identified? YES X NO 7. Are there any potential violations of the community's floodplain management regulations? A potential violation or violations has/have been identified. X No violations have been identified. Actions are being taken on the part of the community to remedy the violation(s) identified during the CAV. OTHER COMMENTS AND INFORMATION X YES NO NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY ASSISTANCE VISIT Page 1 of 6 Palm Desert, California February 18, 2011 SECTION III — FINDINGS (Continued) PART B — NARRATIVE The National Flood Insurance Program (NFIP) is based on an agreement between the federal government and participating communities that have been identified as flood prone. The Federal Emergency Management Agency (FEMA), through the Federal Insurance Administration, makes flood insurance available to the residents of a participating community, provided the community adopts and enforces adequate floodplain management regulations that meet the minimum NFIP requirements. Currently, about 19,000 of the nation's 22,000 cities, towns, counties, and boroughs are members of the NFIP. A Community Assistance Visit (CAV) is a scheduled visit to a NFIP community for maintaining periodic contact with the community to evaluate the effectiveness of local floodplain management practices and to offer assistance, if needed. This report describes the findings of the February 18, 2011, CAV for the City of Palm Desert and recommends corrective actions where deficiencies were identified. The recommendations, when implemented, will enable your community to comply with the NFIP requirements as specified in Title 44, Code of Federal Regulations. BACKGROUND The City of Palm Desert is located in western Riverside County, about 115 miles east of Los Angeles. Incorporated on November 26, 1973, the City has an area of approximately 27 square miles and has a population of approximately 50,000 residents. The City of Palm Desert has a typical desert climate characterized by low precipitation, low humidity, high summer temperatures, and mild sunny winters. The average temperature in the City ranges from 42 degrees Fahrenheit in December to 107 degrees in July. The average annual rainfall is less than 4 inches. The City of Palm Desert joined the NFIP on April 15, 1980. According to its Flood Insurance Rate Maps, effective August 28, 2008, the City has A and AO flood designation zones. There are 93 flood insurance policies in force in the community that carry a total value of $24.4 million in coverage and that have an annual premium of $65,481. Since joining the NFIP, the amount of $1,311,839 has been paid towards 229 reported losses in the community. Page 2 of 6 According to the Palm Desert's Flood Insurance Study (FIS), the Whitewater River and the discharges from canyons onto alluvial fans are the two potential flooding sources in the City. The Whitewater River is the major drainage of the upper Coachella Valley and is the principal watercourse traversing the City of Palm Desert. The tributary drainage area of the river at Palm Desert is approximately 800 square miles; however, there are no significant flooding issues because the river channel has a 500-year capacity. The second potential source of flooding, and by far the most hazardous, is the discharge from the canyons leaving their channels and traveling down the alluvial fans, upon which the major development of the City has occurred. Improvements to the Palm Valley Stormwater Channel and other flood control structures have helped reduce flooding in these alluvial fans. Staff from the Department of Water Resources (DWR) performed the previous Community Assistance Visit on January 11, 2001. The CAV revealed that the City needed to update its floodplain management ordinance in order to meet the minimum NFIP requirements. After the CAV, the City updated its floodplain management ordinance and formally adopted these new regulations on April 26, 2001. In this CAV, DWR staff has concluded that the community needs to again update its floodplain management ordinance as identified herein. SUPPORT COMMENTS FOR SECTION III — PART A 1. Community's Floodplain Management Regulations The Floodplain Damage Prevention Ordinance (No. 985) is found in Title 28 of the City of Palm Desert's Municipal Code. After the recent CAV meeting, DWR staff reviewed the regulations and determined there is a need for an update to meet the minimum NFIP requirements pursuant to the Title 44, Code of Federal Regulations, Sections 59, 60.3-60.6, and 65.3 (CFR). To assist the City in drafting amended floodplain management regulations, DWR staff provided an electronic copy of the current California Model Floodplain Management Ordinance, dated December 2006, to the City's staff for its reference. DWR staff recommends the following updates to the community's floodplain management regulations: a) Under Section 28.06.020 Insert the effective date of the Flood Insurance Rate Maps, pursuant to CFR Section 60.2(h) (Model Ordinance Section 3.2); and Page 3 of 6 b) Under Section 28.08.030 Insert requirements to submit new technical data to FEMA within six months of changes in the base flood elevation, pursuant to CFR Section 65.3 (Model Ordinance Section 4.2.D.2). 2. Community's Administration/Enforcement Procedures The Director of Public Works is designated Floodplain Administrator pursuant to City Ordinance Section 28.08.020. The Engineering and Building and Safety Departments review building sites to see if the proposed structures are located in a Special Flood Hazard Area (SFHA). City staff has incorporated mapping tools (GIS) to better identify properties within the SFHA. If a proposed structure lies within a SFHA, the Floodplain Administrator is notified and staff will specify that the proposed development must comply with the City's floodplain management measures. According to the City's Municipal Code Section 28.10.010, the as -built lowest floor elevation in the SFHA is required to be at or above the Base Flood Elevation (BFE) for all new residential and non-residential structures and for all substantial improvements. Non-residential structures can also be flood -proofed to or above the BFE as long as a certification by a registered professional engineer or architect is obtained to demonstrate that the structure is watertight with walls substantially impermeable to water. For AO Zones, the lowest floor elevation is required to be at or above the BFE and two feet above the highest adjacent grade if no depth is specified. Records of all building permits are maintained by the Building and Safety Department. Periodic inspections in the City's SFHA are conducted by Code Enforcement and by the Coachella Valley Water District, which is the responsible party for maintaining all the channels within City's boundaries. According to City staff, in the last 12 months the Building and safety Department did not issue a single permit for new or substantially improved structures located in the SFHA. The City is approximately 90 percent built out and has little or no pressure from residents to build in the SFHA. 3. Engineering or Other Problems with the Maps or Flood Insurance Study None 4. Other Problems in the Community's Floodplain Management Program None Page 4 of 6 5. Problems with the Biennial Report Data None 6. Programmatic Issues or Problems Identified None 7. Potential Violations Identified or Suspected of the Community's Floodplain Management Regulations None OTHER COMMENTS AND INFORMATION 1. Flood Mitigation Projects, Issues, or Concerns None 2. Executive Order 11988 Floodplain Management None 3. Community Action Needed The community must submit to DWR, within thirty (30) days of the date of this report, the following: • A copy of a draft ordinance that amends the City's current Floodplain Damage Prevention regulations. The City should note that adopting an amended floodplain management ordinance is a prerequisite for continued participation in the NFIP. DWR Follow-up Needed Revise/comment on draft floodplain management ordinance. 4. Field Inspection Salomon Miranda, DWR staff, conducted the field inspection prior to the CAV meeting and concluded that were no construction violations within the community's SFHA. Page 5 of 6 5. CAV Meeting Attendee List a) Bo Chen, City Engineer, City of Palm Desert b) Page Garner, City Surveyor, City of Palm desert c) Salomon Miranda, Engineer W.R., Department of Water Resources Date CAV Closed SECTION IV COMPLETED BY THE FEMA REGIONAL OFFICE Initials Salomon Miranda, California Department of Water Resources, Southern Region Page 6of6