Council On FEMA Flood Insurance In Belle Air & FEMA Info Sheets

Article Sources: City of San Bruno CA

Below is the agenda packet info for this item

Inserted at the end is 3 FEMA documents from the City web that property owners and renters may want to begin studying as the City will most likely take the 2nd vote in March 2019 that will lead to many property owners needing to but FLOOD INSURANCE. There is a small window of time when you can purchase FEMA sponsored Flood Insurance at a discount.

DATE: February 26, 2019

TO: Honorable Mayor and Members of the City Council

FROM: Jovan D. Grogan, City Manager

PREPARED BY: Darcy Smith, Community and Economic Development Director

SUBJECT: Waive First Reading and Introduce an Ordinance Adding Chapter

11 .40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements

BACKGROUND:

In July 2014, the Federal Emergency Management Agency (FEMA) completed an engineering study of coastal hazards as part of the California Coastal Analysis and Mapping Project for the San Francisco Bay. The purpose of the study was to remap the flood elevations from wave induced coastal flood hazards for San Francisco Bay communities and update the Flood Insurance Study (FIS) reports and Flood Insurance Rate Maps (FIRMs). This study was part of FEMA’s nationwide Risk Mapping, Assessment and Planning Program to determine the revised Base Flood Elevation (BFE) and extent of the Special Flood Hazard Areas (SFHA) for coastal communities.

FEMA completed this mapping project to implement the National Flood Insurance Program (NFIP), which was originally established with the passage of the National Flood Insurance Act of 1968. The regulations are codified in Title 44 Code of Federal Regulations Section 60.3 (c). This federal mapping and insurance program enables property owners in participating communities to purchase insurance as a measure of protection against flood loses in exchange for the enact ion of community floodplain management regulations that serve to reduce future flood damages. Nationally, over 21,000 communities participate in this federal program.

Previously, the entire area of San Bruno had been categorized as Zone D in FEMA’s FIRM. The Zone D designation is used by FEMA for areas where there are possible but undetermined flood hazards in circumstances where no analysis of flood hazards has been conducted. Flood insurance is available in Zone D and property owners are encouraged to purchase it. However, flood insurance is not federally required by lenders for loans on properties in Zone D.

FEMA’s coastal flood hazard analysis has identified numerous residential properties within the City’s Belle Air neighborhood as potentially being subject to inundation by flooding. The parcels identified on FEMA’s Preliminary FIRM are now shown to be in a higher-risk flood zone which is indicated as Zone AE, as shown in Attachment 1. There are financial impacts to property owners to being mapped into Zone AE. Zone AE is official defined by FEMA as “Areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.” If properties have a mortgage from a federally regulated or insured lender, by Federal Law, the lender will require that the property owner purchase flood insurance.

To obtain a better understanding of the coastal flooding in the region and to also determine whether the extent of flooding could be reduced within the Belle Air neighborhood compared to FEMA’s preliminary FIRMs, the City Council approved a contract with Moffatt & Nichol (M&N) to assist with the analysis. The results of the analysis completed by M&N concluded that the flooding area was significantly smaller than FEMA’s model in the Belle Air neighborhood when the coastal tide duration is factored into the analysis. Since the additional results from M&N depicted a significant change in the potential flood inundation area in San Bruno as compared to FEMA’s analysis, staff recommended that the City Council consider filing an appeal to FEMA. The appeal package was subsequently submitted to FEMA on August 24, 2016.

In 2017, FEMA reviewed San Bruno’s submitted data, assumptions, and model in the appeal package, but determined that the preliminary FIRM showing the SFHA, BFE, flood depths, and flood risk zones for coastal flooding from the San Francisco Bay were correct as shown in the preliminary FIRM and therefore, rejected the City’s appeal. The City also pursued a further review by a Scientific Resolution Panel (SRP), which consisted of independent panels of experts in hydrology, hydraulics, and other pertinent sciences to review the City’s appeal package and provide recommendations for resolution. The City submitted that the analysis produced by its consultant M&N provided a more accurate surface flooding area result than FEMA’s model.

On April 30, 2018, the SRP determined that the appeal did not conclusively support or identify the presence of scientific errors in FEMA’s preliminary flood hazard study and therefore denied the City’s appeal. Since the appeal process has been completed, FEMA issued a Letter of Final Flood Elevation Determination to the County of San Mateo and City of San Bruno on October 5, 2018. This letter provided a six-month notice that the FIS report and FIRM would be effective 6 months later, on April 5, 2019. This letter initiated the six-month adoption process during which the City of San Bruno must comply with explicit requirements imposed by FEMA. A follow up letter from FEMA to the City on December 31, 2018 further details the requirements the City must meet, which is included as Attachment 2. Although the appeal was denied, the City is continuing to work closely with the County of San Mateo and City of South San Francisco to study one of the flooding sources to determine how that particular issue could potentially be mitigated.

For cities like San Bruno that currently do not have any floodplain management regulations in effect, and to maintain eligibility in the National Flood Insurance Program for the benefit of its residents, FEMA requires the City to adopt an ordinance containing detailed floodplain management measures. If the City does not adopt an ordinance that meets or exceeds the minimum NFIP criteria by the FEMA-established deadline of April 5, 2019, the City’s participation in the NFIP would be suspended, and the City and property owners would face the following consequences:

• No resident would be able to purchase a flood insurance policy.
• Existing flood insurance policies would not be renewed.
• No Federal grants or loans for development could be made in identified flood hazard areas under programs administered by Federal agencies such as HUD, EPA, and SBA;
• No Federal disaster assistance would be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood.
• No Federal mortgage insurance or loan guarantees would be provided in identified flood hazard areas. This includes policies written by FHA, VA, and others.
• Federally insured or regulated lending institutions, such as banks and credit unions, would notify applicants seeking loans for insurable buildings in flood hazard areas that there is a flood hazard and that the property is not eligible for Federal disaster relief.
• It establishes the City’s Floodplain Management requirements that serve the purpose to minimize public and private losses due to flood conditions
• It will designate the Chief Building Official as the Floodplain Administrator to administer the ordinance’s regulatory standards. The Floodplain Administrator is granted the authority to render interpretations of the regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures area required to be consistent with the intent and purpose of the regulations and the flood provisions of the building code. There are provisions for variances and appeals of the Floodplain Administrator’s decisions to a hearing board.
• It will adopt of the Flood Insurance Study with accompanying FIRM’s and Flood Boundary and Floodway Maps.
• Minimum construction standards applied through building permits for alterations, additions and new residential and non-residential construction on private property only within the AE zone. The regulations mandate that the construction materials and methods used with minimize future flood damage.
• A building permit from the City’s Building Division must be obtained for construction subject to the construction standards which includes the submittal and review of construction plans for a development permit, the application of the requirements along with applicable building codes, and ultimately the issuance of a development permit that authorizes construction in accordance with the floodplain management standards.
• A certification prepared by a registered civil engineer or architect that the standards of the floodplain management ordinance are met is required for certain construction projects.
• New residential structures will be required to design the lowest floor level to be elevated to at or above the base flood elevation. Homes may still be designed to include crawl spaces and basements but these spaces cannot be used for human habitation.
• Utilization of flood resistant materials, and utility equipment resistant to flood damage for areas of the construction that are built below the base flood elevation. Items like electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
• All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater.
• New construction (for example, a new house or commercial structure on a vacant lot).
• “Substantial improvements” to existing structures. This is defined as “any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.
• Interior remodeling of existing homes.
• Small first story additions to existing homes that don’t qualify as “substantial improvements.”
• Second story additions to existing single-story homes, which would by location be built above the base flood elevation.
• New construction of detached small sheds or garages as defined in the Ordinance.
• Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by code enforcement officials and which are the minimum necessary to assure safe living condition.
• The addition of a clause within the portion of the Ordnance that adopts the FIS, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, and all subsequent amendments and/or revisions, that clearly states “this [adoption] does not limit the City’s right to challenge and appeal future revisions to the FIRM.” While FEMA has informed the City that it would still retain the rights to comment, challenge, and appeal future revisions to the FIRM in a standard map review process absent this addition, this sentence will ensure this intent is codified. FEMA agreed to this revision.
• FEMA requires that the Ordinance provide for a detailed variance procedure and review of the appeals of decisions on variance applications by an Appeals Board. FEMA requires this process because the Ordinance is subject to some interpretation by the Floodplain Administrator and property owners have the right to seek a variance because of an exceptional hardship if specific criteria in the Ordinance is met. The City recommends that the Appeals Board consist of the Public Services Director, Community and Economic Development Director, and the Community Services Director. FEMA is accepting of this proposed Appeals Board membership to ensure appeals are heard as efficiently and quickly as possible.

To avoid these unfavorable consequences, the City is proceeding to comply with all FEMA requirements, including adoption of a qualifying ordinance, to ensure the City and its property owners are eligible to participate in the NFIP.

DISCUSSION:

FEMA requires the City to adopt a comprehensive Floodplain Management Ordinance that meets or exceeds the minimum NFIP criteria, which generally consist of an overall community program to the public health, safety, and general welfare through required preventive measures to minimize future public and private losses due to flood conditions. The California Department of Water Resources has developed a Model Floodplain Management Ordinance for Noncoastal Communities as a tool to help communities meet the minimum requirements of the NFIP. The City used this model ordinance as a template, and also worked collaboratively with FEMA to include a few minor modifications to meet City interests in implementing the regulations efficiently and in a timely manner. The ordinance as proposed has been reviewed by FEMA and determined to meet NFIP’s requirements.

The City’s proposed ordinance attached for introduction as the new Chapter 11.40 of the Municipal Code will accomplish the following items:

within the AE zone areas identified in the FIRM by legally enforceable regulations applied uniformly throughout properties in the AE zone.

The Ordinance would require:

Examples of the applicable construction standards in the flood zone includes:

The Ordinance would apply to:

The following projects are examples of the types of construction that would be exempt from the ordinance:

The City included several modifications to the model ordinance provided by FEMA in order to meet the City’s interests including:

The City did consider, but elected not to include a number of more stringent optional standards proposed by FEMA, such as an even higher (by two feet above the base flood elevation) requirement for the base elevation construction level and other provisions that the City considers to be more stringent and therefore potentially more challenging or costly to property owners. While these measures could potentially allow the City to obtain a credit towards the FEMA Community Rating System, at this point, the City does not participate in this System. It will be considered in the future once the City completes this first step of adopting the mandatory requirements and gains more experience in the practical application of these new floodplain requirements in San Bruno.

If the attached ordinance is introduced at this meeting and adopted on March 12, 2019, it would meet FEMA’s deadline of April 5, 2019. After adoption, the City will submit the Ordinance to the FEMA Regional Office for final review and approval.

The City has a website which contains information related to the FEMA flood mapping process that includes the City’s correspondence with FEMA, reports and maps. This report and other information related to the recommended Ordinance has been uploaded to the site. The web address is:

https://www.sanbruno.ca.gov/gov/citydepartments/publicworks/femafloodmaps.htm

FISCAL IMPACT:

None.

ENVIRONMENTAL CLEARANCE:

The ordinance qualifies for a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3) “Review for Exemption” because ordinance has no potential to cause a significant effect on the environment.

ALTERNATIVES:

• Decline to introduce the ordinance, which could make the City noncompliant with FEMA requirements by the April 5, 2019 deadline.
• Provide additional direction to staff regarding the provisions of the ordinance. RECOMMENDATION:

Waive First Reading and Introduce an Ordinance Adding Chapter 11.40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements.

BELOW ARE 3 FEMA Documents

For more information about the

NFIP and flood insurance, call

1-800-427-4661

or contact your

insurance company or agent.

National Flood Insurance Program

How the NFIP Works

For an agent referral, call

1-888-435-6637

TDD 1-800-427-5593

http://www.fema.gov/business/nfip

http://www.floodsmart.gov

F-025 (2/10)

• Community applies for participation in the National Flood Insurance Program (NFIP) either (a) as a result of interest in eligibility for flood insurance, or (b) as a result of receiving notification from FEMA that it contains one or more Special Flood Hazard Areas (SFHAs). Application includes adopted resolutions or ordinances to minimally regulate new construction in SFHAs.
• FEMA authorizes the sale of flood insurance in the community up to the Emergency Program limits. FEMA assesses the community’s degree of flood risk and development potential.
• If appropriate, FEMA Arranges for a study of the community to determine base flood elevations and flood risk

zones. Consultation with the community occurs at the start of and during the study. Communities with minimal flood risk are converted to the Regular Program without a study.

• FEMA provides the studied community with a Flood Insurance Rate Map delineating base flood elevations and flood risk zones. The community is given six months to adopt base flood elevations in its local zoning and building code ordinances, and to meet other requirements.
• Community adopts more stringent ordinances, and FEMA converts the community to the NFIP Regular Program.

Note: Conversions generally occur within six months.

XXXXXXXXXXXXXXXX

For more information about the NFIP

and flood insurance, call

1-800-427-4661

or contact your

insurance company or agent.

For an agent referral, call

1-888-435-6637

TOO 1-800-427-5593

http://www.fema.gov/national-flood-insurance-program

http://www.floodsmart.gov

National Flood Insurance Program

Top Ten Facts for Consumers

FEMA F-301 / December 2013

CALL YOUR INSURANCE COMPANY OR

AGENT TODAY!

F-301 (12/13)

FEMA

FEMA F-301

Catalog No. 09245-1

• Everyone lives in a flood zone.
• Flood damage is not covered by homeowners' policies.

You do not need to live near water to be flooded.

Floods are caused by storms, melting snow, hurricanes, water backup due to inadequate or overloaded drainage systems, and broken water mains.

4. The low-cost Preferred Risk Policy is ideal for homes and businesses currently mapped in moderate- to low-risk areas.

Homeowners who qualify may purchase coverage for their building and contents for as little as $129 per year. Qualified business owners may also purchase coverage for their building and contents for as little as $643 per year.

Owners of residential contents-only can purchase a policy for as little as $57 per year.

• Flood insurance is easy to get.
• Contents coverage is available.

You can buy flood insurance through licensed property insurance agents; call yours today.

You can purchase flood insurance with a credit card.

For example, up to $100,000 contents coverage is available for homeowners, condo unit owners, and renters.

You can protect your home, business, and

Whether you rent or own, make sure to ask your belongings with flood insurance from the NFIP

.insurance agent about contents coverage.

You can insure your home with flood insurance up automatically included with the building coverage

to $250,000 for the building and $100,000 for (except under the Preferred Risk Policy).

the contents.

Facts EVERY CONSUMER NEEDS TO KNOW ABOUT THE NATIONAL FLOOD INSURANCE

PROGRAM (NFIP)

• Up to a total of $1 million in flood insurance coverage is available for most non-residential buildings and contents.
• There is usually a 30-day waiting period before coverage goes into effect.

$500,000 is the maximum amount of coverage available for many non-residential buildings.

$500,000 is the maximum amount of coverage available for the contents of owners in most non­residential buildings.

Plan ahead so you are not caught without insurance

3. You can buy flood insurance no matter your flood risk.

Whether your flood risk is high or low, most anyone in a community that participates in the NFIP can buy building and/or contents coverage, but there are exceptions.

Coastal Barrier Resources System (CBRS) areas, Otherwise Protected Areas (OPAs), and buildings principally below ground or entirely over water are not eligible for Federal flood insurance.

5. Flood insurance is widely available.

About 85 private insurance companies nationally offer flood insurance backed by the Federal Government. Contact your local agent.

Policies are available to homeowners, condominium associations and unit owners, renters, and business owners alike.

when a flood damages your property.

10. Federal disaster assistance is not the answer.

Federal disaster assistance is available only if the President declares a disaster.

Flood insurance pays even if a disaster is not declared.

It is a good idea to buy even in lower-risk areas because more than 20 percent of all NFIP claims come from outside mapped high-risk areas.

XXXXXXXXXXXXXXXX

Fact Sheet - National Flood Insurance Program

What Is Covered (and Not Covered) Under My NFIP Policy

Just a few inches of water can cost thousands of dollars in damage to a home. Flood insurance can

help homeowners deal with the financial consequences of flooding, although like other types of insurance policies it doesn’t cover all losses.

The National Flood Insurance Program covers direct physical damage by flood to your building and/or personal property, also known as contents. The Standard Flood Insurance Policy (SFIP) is a single-peril (flood) policy that pays only for flood damage to your insured property, up to the policy limit. The SFIP is not a valued policy, which pays the total policy limit in the event of a total loss. The NFIP offers coverage under three types of forms: the Dwelling Form, the General Property form, and the Residential Condomninium Building Association Policy form.

This document summarizes what is, and is not, covered under the Dwelling Form, which is most commonly used to insure a residential building and single family dwelling units in a condominium building. For detailed information on what is covered and not covered under the General Policy and Association Policy forms, refer to those specific forms or go online to the NFIP Summary of Coverage. Your SFIP, including your Policy Declarations Page, is your official contract of insurance. If you have questions, contact your insurance agent or insurer.

Covered Building Property:

• The electrical and plumbing systems
• Furnaces, water heaters, heat pumps, and sump pumps
• Refrigerators, cooking stoves, and built-in appliances such as dishwashers
• Permanently installed carpeting over an unfinished floor
• Permanently installed paneling, wallboard, bookcases, and cabinets. The damage must be directly caused by flood water. Cabinets that were not damaged by flood water are not covered, even if they match cabinets that were damaged by flood water.
• Window blinds
• Foundation walls, anchorage systems, and staircases attached to the building. There is an exclusion for “loss caused directly by earth movement even if the earth movement is caused by flood.”
• A detached garage, used for limited storage or parking. Up to 10 percent of the building coverage limit can be used, but will reduce the total amount of building coverage available.
• Cisterns and the water in them
• Fuel tanks and the fuel in them, solar energy equipment, and well water tanks and pumps
• Personal belongings such as clothing, furniture, and electronic equipment
• Curtains
• Portable and window air conditioners (easily moved or relocated)
• Portable microwave ovens and portable dishwashers
• Carpets not included in building coverage (carpet installed over wood floors, etc.)
• Clothes washers and dryers
• Certain valuable items such as original artwork and furs (up to $2,500)
• Food freezers and the food in them (but not refrigerators)
• Damage caused by moisture, mildew, or mold that could have been avoided by the property owner or which are not attributable to the flood
• Additional living expenses, such as temporary housing, while the building is being repaired or is unable to be occupied
• Property and belongings outside of an insured building such as trees, plants, wells, septic systems, walks, decks, patios, fences, seawalls, hot tubs, and swimming pools
• Most self-propelled vehicles such as cars, including their parts (see Section IV.5 in your policy)
• Basements
• Crawlspaces under an elevated building
• Enclosed areas beneath buildings elevated on full-story foundation walls that are sometimes referred to as “walkout basements”
• Foundation walls, anchorage systems, and staircases attached to the building
• Central air conditioners
• Cisterns and the water in them
• Drywall for walls and ceilings (in basements only)
• Non-flammable insulation (in basements only)
• Electrical outlets, switches, and circuit-breaker boxes
• Fuel tanks and the fuel in them, solar energy equipment, and well water tanks and pumps
• Furnaces, water heaters, heat pumps, and sump pumps
• Washers and dryers
• Food freezers and the food in them (but not refrigerators)
• Portable and window air conditioners
• Paneling, bookcases, and window treatments such as curtains and blinds
• Carpeting, area carpets, and other floor coverings such as tile
• Drywall for walls and ceilings (below the lowest elevated floor)
• Walls and ceilings not made of drywall
• In certain cases staircases and elevators
• Most personal property such as clothing, electronic equipment, kitchen supplies, and furniture

Covered Personal Property – Contents:

1 May 2015

Federal Emergency Management Agency

Not Covered for Building or Personal Property:

· Damage caused by earth movement, even if the earth movement is caused by flood

· Loss of use or access of the insured property

· Financial losses caused by business interruption

· Currency, precious metals, and valuable papers such as stock certificates

Basements and Areas Below the Lowest Elevated Floor:

Flood insurance coverage is limited in areas below the lowest elevated floor (the floor used for living purposes), including crawlspaces, depending on the flood zone and date of construction (refer to Part III, Section A.8 in your policy) and in basements regardless of zone, or date of construction. Examples of these areas include:

· Enclosed areas under other types of elevated buildings

Basements and Areas Below the Lowest Elevated Floor – Covered Building Property:

Basements and Areas Below the Lowest Elevated Floor – Covered Personal Property:

2 May 2015

Federal Emergency Management Agency

Basements and Areas Below the Lowest Elevated Floor – Not Covered Under Building or Personal Property:

Replacement Cost Value vs. Actual Cash Value:

Under the SFIP – Dwelling Form, replacement cost coverage is available for a single-family dwelling that is the policyholder’s principal residence and is insured for at least 80 percent of the building’s total insurable value at the time of the loss. Replacement Cost Value (RCV) is the value to replace the building without depreciation. Some manufactured housing is not available for this coverage. Actual Cash Value (ACV) is RCV at the time of loss, less the value of physical depreciation. Personal property is always valued on an ACV basis.

Policyholder Duties After a Loss:

It is important to understand your responsibility in case of a loss. These requirements are detailed in the policy under Section VII. General Condition, Paragraph J. “Requirements in Case of Loss.” Other helpful information in case of a loss is available to the policyholder in the Flood Insurance Claims Handbook

www.floodsmart.gov

=

Robert Riechel

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