District of North Saanich. To: Rob Buchan Date: August 11, 2015 Chief Administrative Officer. From: Coralie Breen File: 6740 Planner

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1 District of North Saanich STAFF REPORT To: Rob Buchan Date: August 11, 2015 Chief Administrative Officer From: Coralie Breen File: 6740 Planner Re: Policy Planning for Sea Level Rise RECOMMENDATION(S): That Council: Accept the staff report as information and direct staff to proceed with the wave effects study. STRATEGIC PLAN IMPLICATIONS: This matter relates to the following Council strategic priorities: Protect and Enhance Rural, Agricultural, Heritage, Marine and Environmental Resources Around the world, flood-related impacts of climate change are causing billions of dollars in damage and local governments are responding with efforts to enhance flood resilience. Planning for this now, will reduce impacts and significant costs down the road. INTRODUCTION/BACKGROUND: This staff report responds to the following Council resolution: 580 That Council direct staff to work with the adjacent municipalities and the Tseycum, Pauquachin, Tsawout, and Tsartlip on a joint request for proposals (with no expectation of financial participation from the First Nations) on a wave-effects study and to bring the results of the REP process back to Council for consideration. In this Introduction/Background section the report updates Council on two matters. First, the report advises Council on the outcome of consultations with adjacent municipalities and the CRD. Second, the report provides a sea level rise/flood hazard policy update and an overview of the policy tools available to local governments. In the following section recommendations are made. Consultation with Adjacent Municipalities, the CRD and First Nations Central Saanich & Sidney At Council s direction staff consulted with Central Saanich and Sidney planning staff to advance the wave-effects study. Central Saanich has allocated $25 K in the 5-year financial plan for 2016 for a wave effects study. Sidney has requested that the CRD coordinate a detailed wave impact mapping analysis for the region, with each member municipality participating in funding. Sidney will be adding information to the Town s website about the issue.

2 Rob Buchan, ChiefAdministrative Officer Page 2 Capital Regional District The CRD advises that funding for detailed wave impact mapping is not currently being considered. The CRD s current scope of work on SLR through the Climate Action Inter-Municipal Climate Action Working Group is adaptation focused: a) an outcome-based adaptation framework to assist municipalities to identify adaptation measures b) an analytical tool comprised of criteria targeted to the region to help municipalities to compare adaptation measures and c) a regionwide analysis on implementation needs to identify regional and/or sub regional priorities. The work is estimated for completion in summer, The CRD s Coastal Sea Level Rise Risk Assessment was completed by AECOM (January 2015) and the regional and local government analysis is posted on the District s website (Pat Bay and Tsehum Harbour are two specific sites where such analysis was conducted for North Saanich). The AECOM study estimates a Flood Construction Level (FCL) at Pat Bay and Tsehum Harbour at 5.04 m (Canadian Vertical Datum 1928 and CRD Geoid model). First Nations In November 2015 the CRD CAO sent an update to regional First Nations including an update on the in-house mapping that CRD completed to support the review of the proposed amendments to the Flood Hazard Land Use Management Guidelines (FHLUMG). CRD Staff has sent the results of the AECOM CRD Coastal Sea Level Rise Risk Assessment and an updated map relevant to each First Nation. Sea Level Rise Policy Update The Province The Provincial Government proposes to update the Flood Hazard Area Land Use Management Guidelines1 (FHALUMG, 2004) to include guidance on land use and development in areas that will be affected by sea level rise. This update is based on a technical report commissioned by the Province2 and published in 201 1, which demonstrates how sea level rise will influence setbacks and flood construction levels in coastal areas and recommends incorporating sea level rise into planning and development to ensure a standard of public safety into the future. The Flood Hazard Area Land Use Management Guidelines have been prepared to help local governments, land-use managers, and approving officers develop and implement land-use management plans, and make subdivision approval decisions, in areas subject to flood hazards. Staff sits on the Technical Working Group Advisory Committee. The Province intends to post the guidelines for public review in September October A communications plan and products are currently being developed. The Climate Action Secretariat is leading development of a proposal in response to the call for funding from NRCAN for more work on SLR Adaptation planning. The Emergency Management Act defines emergency management as the prevention and mitigation of, preparedness for, response to, and recovery from emergencies. Under the Emergency Management Act, the Minister of Public Safety is responsible for coordinating the Government of Canada s response to an emergency. Section 5 gives the Minister authority to develop guidelines. 1 See Flood Area Hazard Land Use Guidelines (Province of B.C.) Retrieved from (October 8, 2014) 2 See Climate Change Adaptation Guidelines for Sea Dikes and Coastal Flood Area Land Use (Province of B.C.) Retrieved from 8, 2014)

3 Rob Buchan, ChiefAdministrative Officer Page 3 Local Government Policy Tools Local governments have a range of options to respond to sea level rise: 1) Community Charter- The building inspector could request an engineer s report as a condition of a building permit; 2) Local Government Act - Council can enact a bylaw under s or designate a DP area under9l9.1 (1)b Community Charter S. 56 gives authority to the building official to require an owner to obtain an engineers report to give an opinion on whether the land can be safely used despite a known or suspected flood hazard. Unless a local government has a DR designated as a hazard area with a specified FCL the building official cannot require a specific FLC nor request an engineer s report that considers the impacts of building on the surrounding lands. The engineer may specify in his or her opinion that in order for the land to be safely used, the building should meet a specified FCL. Normally such a condition is made the subject of a covenant under s in favour of the municipality. Local Government Act S. 910 a local government may adopt a flood plain bylaw that designates an area as a flood plain, specifies development levels and setback requirements in a designated area and enforces these conditions; S (1) b - a development permit area may be designated in an OCR forthe protection of development from hazardous conditions; S. 920 where a development permit area has been designated under the provisions of S a development permit may specific areas of land that may be subject to flooding, mud flows, torrents of debris, erosion or tsunami that must remain free of development except in accordance with any conditions contained in the permit; S. 903 can regulate parcel configuration, the density of the land use, siting and standards of buildings and structures Comments: If the District wants to impose an FCL directly without requiring owners to get engineering consultants involved, it has to enact a bylaw under s. 910 or designate a DR area for protection of development from hazardous conditions, and specify in a guideline what the FCL is. Community Charter S 56 does not enable the building official to simply specify a minimum FCL only to request a professional report that specifies the conditions in which the land can be safely developed and what the FCL is to meet these conditions. Without adding! changing the DNS DRAdesignation to (1) b (currently DPA I is (1) a) and identifying a FCL and the areas which the FCL applies to building inspectors are limited in the scope of report requests from professionals (i.e. building inspectors cannot currently request reports that report on the impacts to neighbouring properties withoutthe (1) b designation). For subdivisions, the approving officer has authority to request reports. The report now turns to options available to Council to advance planning for sea level rise in the Discussion section which follows.

4 Rob Buchan, ChiefAdministrative Officer Page 4 DISCUSSION: To ensure North Saanich is resilient to sea level rise, North Saanich needs to plan now for impacts of climate change and sea level rise. Responding to sea level rise is complex as estimates of the amount and timing of the rise vary as do the shorelines and the site specific risk of flooding. The North Saanich Strategic Plan includes comprehensive planning for marine policies. Planning to address increasing flood risk is foundational to the planning framework. Buildings built today should be designed for flood resilience throughout their lifespan. The purpose of the wave effects study would be to determine flood construction levels to respond to the increased risk of flood damage due to climate change and sea level rise which is site specific. Flood proofing standards are required to meet new Provincial guidelines 3.5 and 3.6 and a wave effects study will provide FCL for the District of North Saanich using CRD data which is the best possible available science at this time. FCL s are the minimum elevation for the first floor of a building in a flood plain. The wave effects study will provide knowledge of low, medium and high sensitivity areas and low, medium and high adaptive areas providing baselines for marine mapping. The following Figure 1.0 illustrates how this information is considered. Figure 1.0 Sensitivity, Capacity and Vulnerability Framework :n9h Sens4thiIty + Adaptive Capacity 1Igh Vulnerab1lity Low Sensitivity + High Adaptive capacity Low VuinerbiIity High Serh$tivity + High Adap.ti Capacity Medium Vulnerability Source: City of Vancouver Adaptation Strategy ( By conducting a finer grained FCL, there is more confidence in developing a flood risk assessment which begins with flood hazard mapping/modelling followed by vulnerability assessment, consequence analysis and risk management (identifying areas to retreat, protect, adapt and avoid, the Province s four areas of adaptation for sea level rise). This forms a platform to inform decision making for the marine policy review. Next Steps Step I Wave-Effects Study 2015 In this scenario, Staff would proceed with a wave effects study in in order to establish a development permit area with designated flood plain standards and requirements. An OCP Bylaw amendment to add/change the designation and justification for a DPA for flood hazards would be based on the outcome of the wave-effects study.

5 Rob Buchan, ChiefAdministrative Officer Page 5 Comments: $25,000 has been approved in the 2015 budget and Council has including planning for sea level rise in the DNS Departmental Work Plan (see item #3). Step 2 Advance the OCP Amendment to create a new DPA or amend DPA I Step 3 Advance the Marine Policy Review Comments: The District of North Saanich and Central Saanich could jointly advance a waveeffects study for all coastal areas with in-depth study in hot spots (eg. Tsehum Harbour) in 2016 but staff cautions this is subject to change and there may only be marginal savings in proceeding with a joint wave-effects study. The advantages could be some cost savings but the disadvantages are that it will delay the work and progress on marine policies. Conversely if the District of North Saanich did not proceed with the wave-effects study nor an OCP amendment it would mean that the District would rely on CRD SLR mapping which uses the default 0.65 m wave-effects variable (measured in the Victoria Inner Harbour). Without an OCP amendment, the District would continue with its current practice to ensure s. 219 covenants on land at risk for SLR for new buildings and renovations and rely on engineer s reports to determine the FCL. Building inspectors would not be able to request reports in which the impacts on neighbouring properties are considered. Given, that the District s Strategic Plan currently includes SLR/wave-effects mapping in the 2015 year and marine policy review subsequently, staff is advancing the wave-effects mapping now. The SLR mapping is informative for the marine policy planning. The OCP amendment would set FCL s for the District, providing planning certainty and allow the building official to request engineer s reports that consider the impacts of SLR on neighbouring properties. OPTIONS: Council can: I. Accept the staff report as information only and direct staff to proceed with the wave effects study now. 2. Accept the staff report as information and direct staff to proceed with the wave effects study in 2016 with Central Saanich. FINANCIAL IMPLICATIONS: DNS Planning has $25,000 budgeted in 2015 to proceed with the wave effects study. LEGAL IMPLICATIONS: LocalGovernmentActS.919.I (I)An official community plan may designate development permit areas for one or more of the following purposes: (a) protection of the natural environment, its ecosystems and biological diversity; (b) protection of development from hazardous conditions Environmental Management Act S. 5 allows the Minister to adopt guidelines. Local governments who intend to designate a flood plain under S LGA must consider the guidelines.

6 Rob Buchan, ChiefAdministrative Officer Page 6 Compensation and Disaster Financial Assistance Regulation A local government that enacts LGA s. 910 standards that do not wholly reflect the Guidelines may be making its citizens ineligible for disaster financial assistance if they construct new buildings in accordance with those bylaw standards. For example, if the sea level rise revisions are made and North Saanich adopts s. 910 regulations establishing an FCL that takes into account only a.9 m sea level rise by 21OO, buildings constructed in accordance with those regulations will not be constructed in accordance with the Guidelines because they will be too low and possibly too near the sea. If they are damaged in a flood they will be ineligible for provincial disaster financial assistance. If the local government has a rationale provided by a suitably qualified professional for using different setbacks and FCLs than are specified in the guideline, the DFA claim eligibility would be based on the local government s FCL. CONSULTATIONS: INTERDEPARTMENTAL INVOLVEMENTIIMPLICATIONS: SUMMARY/CONCLUSION: The Province recommends that local governments should consider broad flood hazard management tools to ensure that future land use will be planned and buildings constructed in a manner that will reduce or prevent injury, human trauma and loss of life, and to minimize property damage during flood events. Planning for SLR in the District requires accurate data based on Provincial guidelines. 3 The Province s guidelines are for I m by 21 00, 2 m by pius variables including storm surge, freeboard and wave effects as outlined in the August 1 8th staff report on sea level rise planning.

7 Rob Buchan, Chief Administrative Officer Page 7 Respectfyilly submitted, Coralie Breen Planner -R6b Buchan ChiefAdministrative Officer Concurrence: Patrick O Reilly, Director Infrastructure Services ( 1C( U Mark Brodrick, Director Planning & Community Services Curt Kingsley, Director Corporate Services Gary Wilton, Director Emergency Services