TO: Board of Supervisors
FROM: Thomas Zeleny - Interim County Counsel
REPORT BY: Laura Anderson - Deputy County Counsel
SUBJECT: Second Reading of an Amendment to the Floodplain Management Ordinance, 2022
RECOMMENDATION
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Second reading and adoption of ordinance amending the Napa County Floodplain Management Ordinance, Chapter 16.04 of the County Code, to provide additional clarification and specificity to provisions of construction materials and methods, manufactured homes and residential construction in order to maintain compliance with the prerequisites of FEMA’s Community Rating System (CRS) program.
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EXECUTIVE SUMMARY
On April 5, 2022, the Board of Supervisors conducted a first reading of an ordinance amending the Napa County Floodplain Management Ordinance, Chapter 16.04 of the County Code, to provide additional clarification and specificity to provisions of construction materials and methods, manufactured homes and residential construction in order to maintain compliance with the prerequisites of FEMA’s Community Rating System (CRS) program. At the conclusion of public comment, the Board unanimously passed a motion of intent to adopt the proposed ordinance. This consent calendar item requests that the Board conduct its second reading and take final action adopting the ordinance. The final ordinance is attached herein. The ordinance will become effective 30 days following adoption.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
N/A |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Updating the ordinance to meet the new Class 8 prerequisites, as well as maintaining existing credit points, allows Napa County to maintain a CRS class rating of 7, providing residents purchasing or renewing their flood insurance policies for properties in a Special Flood Hazard Area (SFHA) within unincorporated Napa County a 15% discount on their flood insurance premium |
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Is the general fund affected? |
No |
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Future fiscal impact: |
N/A |
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Consequences if not approved: |
Failure to update the Ordinance will result in Napa County losing its CRS class rating of 7, which will be reduce to a class rating 9, resulting in a reduced flood insurance premium discount from 15% to 5%. |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
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Additional Information: |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: General Rule. It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable. [See Guidelines for the Implementation of California Environmental Quality Act, 14 CCR 15061(b)(3)].
BACKGROUND AND DISCUSSION
The Board of Supervisors (Board) adopted the original Floodplain Management Ordinance (Chapter 16.04 of the County Code) in January 1980, which began Napa County’s participation in the National Flood Insurance Program (NFIP). Since then, the Ordinance has been amended 10 times. The most recent change to the Ordinance occurred on June 07, 2016, to adopt Flood Insurance Rate Maps issued by the FEMA to become effective on August 3, 2016, and other revisions as requested by FEMA to maintain compliance with requirements of the NFIP. On April 5, 2022, the Board of Supervisors conducted a first reading of an ordinance amending the Napa County Floodplain Management Ordinance, Chapter 16.04 of the County Code, to provide additional clarification and specificity to provisions of construction materials and methods, manufactured homes and residential construction in order to maintain compliance with the prerequisites of FEMA’s Community Rating System (CRS) program. At the conclusion of public comment, the Board unanimously passed a motion of intent to adopt the proposed ordinance. This consent item requests that the Board conduct its second reading and take final action adopting the ordinance.
Napa County was accepted into the NFIP CRS in May of 2018, and has completed subsequent re-certification for each of the following years. This year Napa County has confirmed a Cycle Visit with our CRS coordinator to assess Napa County’s floodplain management program and re-verify all credits and prerequisites to maintain the current CRS classification.
The CRS is a voluntary program that provides flood insurance premium discounts to communities that implement programs and measures that exceed the minimum floodplain management requirements of the NFIP. The CRS program determines discounts based on credit points provided for floodplain management activities in participating communities. To achieve certain CRS class ratings, communities must meet certain program prerequisites in addition to obtaining the credit points. Napa County currently has a CRS class rating of 7, providing residents purchasing or renewing their flood insurance policies for properties in a SFHA within unincorporated Napa County a 15% discount on their flood insurance premium.
In January 2021, FEMA began implementing the Addendum to the CRS Coordinator’s Manual for all new and participating communities. During this year’s CRS cycle visit the County’s Ordinance must demonstrate conformity to the amended Class 8 prerequisites. The new Class 8 prerequisites requires communities to adopt and enforce at least a 1-foot freeboard requirement (including equipment or mechanical items) for all residential building constructed, substantially improved, and/or reconstructed due to substantial damage, throughout its SFHA where base flood elevations or depths have been determined. The freeboard requirement is aimed at lowering the risk of flood damage in a community and helping residents realize the reduced flood insurance premiums brought about by higher building elevations. Although the current code interpretation and existing practice in Napa County is to enforce the 1-foot freeboard requirement, Napa County’s CRS coordinator has provided revised language consistent with the Addendum to the CRS Coordinator’s Manual.
In order to ensure the new Class 8 prerequisites are satisfied, staff recommends that the following amendments to the current Ordinance be adopted.
Napa County Code 16.04.690(D) - Construction material and methods.
All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities, elevated at or above a level equal to the base flood elevation plus one foot of freeboard; or they shall be designed and installed to prevent water from entering or accumulating within the components to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the base flood elevation plus one foot of freeboard that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
Napa County Code 16.04.710(C) - Manufactured homes.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within numbered Zones A, A1-30, AO, AH, AE, V1-30, V, and VE as designated on the FIRM that are not subject to the provisions of subsection (A) of Section 16.04.710 will be elevated so that either:
1. The lowest floor of the manufactured home is at or above a level equal to the base flood elevation plus one foot of freeboard; or
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be at or above a level equal to the base flood elevation plus one foot of freeboard, and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement in accordance with Section 16.40.700.
Napa County Code 16.04.720 - Residential construction.
New residential construction, and any substantial improvement and/or repairs of substantial damage to existing residential buildings and structures, substantially improved or substantially damaged residential structure, within a special flood hazard area, shall have the lowest floor, including basement, elevated to or above a level equal to the base flood elevation plus one foot of freeboard. The floodplain administrator shall be provided the elevation relative to MSL of the lowest floor, including basement, certified by a registered professional engineer or surveyor on FEMA form 81-31 prior to issuance of a certificate of occupancy.
CEO Recommendation: Approve