Title
Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Current Chapter XX (Floodplain Management) in Its Entirety and Adopting a New Chapter XX (Floodplain Management) to Implement the City of Alameda General Plan and the Climate Adaptation and Resiliency Plan and Make Other Technical Amendments.
No further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15162 and 15163. (Public Works 31041520)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
In furtherance of General Plan Safety Element policies, to conform with the California Building Standards Code (CBC) and comply with National Flood Insurance Program (NFIP) and Community Rating Service (CRS) requirements, staff drafted a comprehensive revision of the floodplain management ordinance. This public hearing provides an opportunity for City Council and the public to review the proposed ordinance changes. The updated ordinance is based on a model ordinance language provided by the State Department of Water Resources and while the ordinance is a complete re-write, the primary changes from the current ordinance include:
a) Incorporating by reference the flood protection requirements of the CBC
b) Tracking substantial improvements over a five-year period
c) Requiring a non-conversion agreement for certain enclosed storage areas below an elevated structure
Staff recommends that City Council conduct a public hearing and introduce the ordinance for adoption.
BACKGROUND
The City of Alameda (City) General Plan Safety Element identifies implementation policy SN-11 to “Continue the City’s participation in the National Flood Insurance Program (NFIP)” which provides insurance and federal disaster assistance in the event of floods within the City. The program is administered by the Federal Emergency Management Agency (FEMA) and fills a market gap since flood coverage is generally unavailable from private sector insurance companies. In the absence of this program, the City's vulnerability to uninsured flood loss could be substantial and a threat to the public health, safety, and welfare. There are currently more than 1,000 properties within Alameda located in the Special Flood Hazard Area (SFHA) an area with a one percent (1%) chance of flooding in any given year, more commonly known as the 100-year floodplain.
Federal flood insurance is made available as an option for Alameda residents, including renters, through the City’s participation in the NFIP and our efforts to reduce flood risks for new construction in SFHAs. When the City joined the program, the City agreed to require permits for all new development as well as substantial improvements to existing structures within SFHAs and ensure that construction materials and methods will minimize flood damage.
The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management practices that exceed the minimum requirements of the NFIP. The City is currently a Class 8 community member under the CRS program, which enables Alameda resident access to a 10% discount in flood insurance premiums. As of 2021, the CRS implemented a new prerequisite for all Class 8 communities requiring the adoption and enforcement of at least a 1-foot freeboard requirement for all new or substantially improved residential buildings within the 100-year floodplain.
City Council adopted a Climate Adaptation and Resiliency Plan (CARP) in 2019. The CARP contains strategies and actions to reduce greenhouse gas emissions, prepare for sea level rise and more intense storms, and protect our buildings, critical services, and public health. Additionally, the CARP includes short-, mid-, and long-term strategies to increase the resiliency of buildings in Alameda.
The existing floodplain ordinance has not been amended since the original adoption in 2009 and has become inconsistent with CBC requirements and no longer meets the CRS prerequisites for a Class 8 community. The CRS conducts cycle visits and recertifications with each participating community on a 5-year cycle and Alameda’s cycle visit will occur in 2024. An updated floodplain ordinance is one requirement necessary to maintain Alameda’s Class 8 rating and the 10% discounted insurance premium enjoyed by Alameda residents.
DISCUSSION
A primary objective of the NFIP is the long-term reduction of Alameda’s overall flood risk exposure. This is accomplished by requiring new or substantially improved existing structures within the SFHA to be elevated. FEMA defines a “substantial improvement” as any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of a structure before the improvement.
The proposed floodplain ordinance will make the following substantive changes to the current ordinance:
• Require that all new or substantially improved structures meet the adopted CBC requirements for elevation and freeboard. The current ordinance requires all new or substantially improved residential structures to be elevated above the Base Flood Elevation (BFE), which conflicts with the more restrictive CBC. The proposed ordinance will require new or substantially improved commercial structures to be elevated or floodproofed to a minimum of 1-foot above the BFE. Practically, this represents no change as all building permits since 2018 have been held to the more restrictive CBC requirements.
• Define substantial improvement as any repair, reconstruction, rehabilitation, alteration, or other improvements to a structure taking place over a five-year period, the cumulative cost of which exceeds 50 percent of the market value before the first improvement or repair is started. The NFIP requires permits to be cumulatively tracked, and CRS grants credit to communities for enforcement of this process. This requirement is consistent with the CARP strategy to “redefine ‘substantial improvement’ to capture more redevelopment projects that currently do not meet the threshold for this requirement”.
• Add a new requirement for a non-conversion agreement for new or substantially improved structures with a finish floor more than four feet above the lowest adjacent grade. Property owners would acknowledge and agree that any enclosed area below the lowest habitable floor of the building shall be used solely for parking vehicles as allowed by the zoning code, limited storage, or access to the building. Such enclosed areas shall never be used for human habitation or otherwise be finished or improved with non-flood resistant materials. While real estate laws require the disclosure that a property is within a flood zone, the purpose of this agreement is to inform current and future property owners of the restricted uses for these enclosed areas. The non-conversion agreement will be signed by the owner and filed with the Alameda County Recorder’s office.
The proposed floodplain ordinance is based on a model ordinance provided by the State Department of Water Resources and represents a wholesale rewrite to bring the ordinance into conformance with FEMA requirements, function as a companion to the flood protection requirements in the CBC, meet the CRS Class 8 prerequisite for a 1-foot freeboard for all residential structures, and implement flood-proofing strategies in the CARP. Additionally, the model ordinance contains an expanded set of definitions and other organizational changes. The revised regulations do not alter any adopted land use plans, zoning regulations, or development-related policies.
The NFIP is based on current flood risk and does not account for sea level rise and/or climate change. It is not known if, or when, FEMA will incorporate sea level rise and/or climate change into the NFIP. The City’s CARP, however, conducted a climate change vulnerability assessment and identified several strategies to increase building resiliency related to sea level rise. The proposed ordinance addresses several strategies such as elevating structures one foot above the BFE and requiring flood-resistant construction materials and practices in the special hazard flood area. In addition, as required for a CRS Class 8 rating, the City conducts annual outreach and education on flood insurance and flood preparedness and the City website at <https://www.alamedaca.gov/Departments/Public-Works-Department/Current-list-of-projects/Flood-Maps> provides useful information and tools for Alameda residents.
A medium-term strategy in the CARP is to consider incorporating mid-century sea levels into the flood management ordinance. This would raise the minimum habitable floor elevation for new or substantially improved structures by two additional feet and expand the area and number of residences required to undergo floodplain regulation review and compliance. Over the past four years, only five new or substantially improved structures were built in the current 100-year floodplain, less than one percent of the homes. Protecting new or substantially improved homes to an elevation two feet higher will dramatically increase the regulated area and yet only protect a small fraction of the affected structures and not the surrounding areas including, and especially, roadways from flooding. Staff recommends the implementation timeline of this strategy be revisited during the next Community Rating Service five-year cycle visit with substantial public outreach. As the City further develops adaptation projects, discussions on raising the protection elevation for individual buildings and/or expanding the regulated area will evolve.
Separate from proposed ordinance, General Plan Policies CC-20 and HS-22 require all new multi-unit and commercial development projects to mitigate for a minimum of three feet of sea level rise above the BFE and provide room for further sea level rise adaptive measures.
ALTERNATIVES
• Introduce the ordinance, as proposed.
• Make modifications to the proposed ordinance, consistent with or exceeding minimum FEMA requirements.
• Elect to make no changes to the current ordinance, resulting in the loss of the CRS Class 8 rating and 10% discounted insurance premiums for Alameda residents and businesses.
FINANCIAL IMPACT
The proposed changes to the floodplain ordinance will not affect the staff time and cost to process applications; those City costs are generally reimbursed by the development applicants.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action to update the City’s floodplain ordinance in Alameda Municipal Code Chapter XX, consistent with State law, the City’s General Plan Safety Element, and the City’s Climate Action and Resiliency Plan.
This action supports the City Strategic Plan priority, Building Resilience to Climate Change and Water Level Rise.
ENVIRONMENTAL REVIEW
On November 30, 2021, by Resolution No. 15841, City Council certified a Final Environmental Impact Report for the Alameda 2040 General Plan (State Clearinghouse No. 2021030563) in compliance with CEQA, and adopted written findings, a Statement of Overriding Considerations, and a General Plan Amendment to update the Alameda General Plan (General Plan EIR). Pursuant to CEQA Guidelines sections 15162 and 15163, none of the circumstances necessitating further CEQA review are present with respect to the General Plan EIR. Approval of the project would not require major revisions to the General Plan EIR due to new significant impacts or due to a substantial increase in the severity of the significant environmental effects. There have been no substantial changes with respect to the circumstances under which the project would be undertaken that would require major revisions of the General Plan EIR due to new or substantially increased significant environmental effects. Further, there has been no discovery of new information of substantial importance that would trigger or require major revisions to the General Plan EIR due to new or substantially increased significant environmental effects.
Additionally, on September 3, 2019, City Council adopted a Mitigated Negative Declaration (MND), including a Mitigation Monitoring and Reporting Program, for the Climate Action and Resiliency Plan. Pursuant to CEQA Guidelines section 15162, none of the circumstances necessitating further CEQA review are present with respect to the CARP MND. Approval of the project would not require major revisions to the CARP MND due to new significant impacts or due to a substantial increase in the severity of the significant environmental effects. There have been no substantial changes with respect to the circumstances under which the project would be undertaken that would require major revisions of the CARP MND due to new or substantially increased significant environmental effects. Further, there has been no discovery of new information of substantial importance that would trigger or require major revisions to the CARP MND due to new or substantially increased significant environmental effects.
For these reasons, no further environmental review is required.
CLIMATE IMPACT
The proposed ordinance revisions include provisions for climate adaptation measures identified in the CARP.
RECOMMENDATION
Introduce ordinance amending the Alameda Municipal Code by repealing current Chapter XX (Floodplain Management) in its entirety and adopting a new Chapter XX (Floodplain Management) to implement the City of Alameda General Plan, CARP, and make other technical amendments.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Scott Wikstrom, City Engineer
Andrew Nowacki, Associate Engineer
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Current Chapter XX