HomeMy WebLinkAboutSS3 - Balboa Island & FEMA-Flood Control Issues CorrespondenceApril 9, 2013
Balboa Island FEMA questions:
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Why did the FEMA 1989 certification of the Balboa Island flooding potential, ignore a
series of basic and important issues as follows: the extensive storm jetty system at our
harbor entrance; the fact that the Balboa Penninsula acts much the same as a barrier
island to protect Balboa Island from direct storm action; and the critical fact that Balboa
Island had an existing effective protective sea wall? (Per Scott Wilde, City FEMA
consultant, at the March 16, 2013 meeting.)
The FEMA imposition of severe building improvement restrictions, made worse by the
City imposed excess requirements, is destroying the historic character of our
neighborhood! Do we not have any property rights to counter this government over-
reach, such as by declaring that any 50 year old plus building is historic and exempt?
On page 25 of the FEMA criteria for substantial improvement is 50% of the market value
of the existing improvements, not including corrections of violation of state or local
health, sanitary or safety code specifications. There is no mention of any requirement to
take an arbitrary deduction for depreciation!?
Recent studies by experts such as Dr. Peter Scott, a climate expert, have proven that
the projections for severe climate change are clearly overstated based on actual climate
observations (see attached report). When is FEMA going to acknowledge these
projection corrections?
City of Newport Beach question:
Why has the City embarked on a tangent which is severely changing the fundamental
building character on the island? The newer buildings have been able to use the FEMA
finished floor elevation to calculate the building height designation which has led to a
explosion of the allowable gross building square footage, by allowing a third floor with
"cabana" rooms which in many instances cover the almost the entire length of the third
floor, thus blocking out neighboring views completely? Is the City insisting that
Covenant run with the new buildings be recorded and state that the any full enclosure of
the open areas on third floor cabana space constitutes a violation of the building code
and must be cohregt�Ddyupon identification and notice?
Conrad au artner
134 T a ve.
Balboa Island, Ca. 92662
March 16, 2013
City of Newport Beach
Building and Safety Department
300 Newport Blvd.
Newport Beach, Ca. 92658
Re: FEMA flood issues
To whom it may concern
As a resident of Balboa Island and having owned a circa 1924 cottage home since
1975, 1 am a concerned citizen who believes the City of Newport Beach and the Federal
Government (FEMA), may be overstepping the limits of authority.
The FEMA criteria asL presently imposed will very clearly destroy the historical cottage
charm and character of the Island; severely affect home values by the limitations on
existing home improvements, which will reduce the home value to lot value; and lead to
and ever expanding oversized monolithic three story homes that ruin existing views for
everyone else, and limit who can afford to, or will want to live on the Island!
I have a series of questions which I would like answered by the City and FEMA in a
complete and timely manner.
1. Where is the proof that Balboa Island is actually in a 100 year flood zone. I realize a
Federal Government map indicates this, but it is my understanding that the flood maps
may never have been updated after the Santa Ana River was diverted out of Newport
Bay. Could you please provide those before and after maps and the water diversion
calculations. I have never witnessed anything close to a flood on the Island from inland
water and recent studies on rising seas indicate the projected calculations were wrong
based on current real time data (see attached study). A high tide is just that, a high
momentary event that quickly recedes!
2. What is the actual FEMA jurisdiction? Isn't the main task basically clean up after an
event? Isn't the main concern based on the flood maps which cover inland fresh water
only? Does it take into consideration our mild climate zone and the lack of severe
weather patterns that are constant on the Gulf and East Coast ?( Flood insurance is now
available to Island residents at roughly 60% less than national policy underwriters due
to the limited risk!)
3. If we are required to have flood insurance to cover the damage to our homes,
shouldn't FEMA be concerned about those homeowners who do not have flood
insurance? Does the City have flood insurance? Was the Fire Station built to the
finished floor standards in effect at that time? Does the criteria apply to commercial
lots?
4. What are the existing lot elevations of the water proximate areas throughout Newport
Bay? Do all of these lots currently exceed the newly imposed finished lot elevation for
Balboa Island? Are all these existing lots really three to four feet higher than our
average lot? If you think Balbca Island is going to flood, won't these areas also flood?
Are you requiring the Balboa Island floor elevation on all new construction?
5. Is the criteria for raised floor elevations being equally required in all 100 year flood
zones on a national level through out the 50 states? Could you please provide proof of
the imposed policy? If our criteria is so severe in a mild Newport Beach climate, what is
FEMA imposing on the hurricane prone Gulf Coast, the Mid - Atlantic barrier islands, the
northeaster prone New England Coast and Eastern Seaboard in general? What about
all the areas of the country that actually sit well below water behind levees? Do all of
these millions of people have to raise finished floors on new construction to above the
levee height by three plus feet?
Thank you for your time and consideration. I would hope the response to these
questions and concerns could be sent to the Balboa Island Improvement Association for
subsequent distribution to all homeowners.
Yours
Conrad BaOfngartner
cc: Balboa Island Improvement Association (attn: Terry Janssen)
FEMA