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Home My WebLink AboutMINUTES - 08171999 - C45-C49 tt BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Adoption of � 1996 California Fire Code for ) Contra Costa County and the RESOLUTION NO. 99/ 425 Bethel Island, Crockett-Carquinez Contra Costa County, East Diablo, (Govt.C. §50022.3) and Oakley-Knightsen Fire Protection ) NOTICE OF PUBLIC HEARING Districts of Contra Costa County } The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board for the County and as the board of directors of the Bethel Island, Crockett-Carquinez, Contra Costa County, East Diablo, and Oakley-Knightsen Fire Protection Districts of Contra Costa County proposes to enact an ordinance for each of the aforesaid jurisdictions providing therein for the adoption the 1996 California Fire Code (with certain amendments) and by reference the 1997 Uniform Fire Code, including the 1997 Uniform Fire Code Standards, as compiled, recommended, and published by the International Fire Code Institute with changes, additions and deletions thereto as set forth in the proposed ordinance, The proposed ordinance provides for the prevention and suppression of fires and conflagrations and for the protection and preservation of life and property against the hazards of fire and conflagration with the aforesaid fire protection jurisdictions. On September 14, 1999, at 9:00 a.m.. in the Chambers of the Board of Supervisors of Contra Costa County, County Administration Building, Martinez, California, a public hearing will be conducted upon the proposed enactment of the said ordinance and at the said public hearing any interested person may appear and be heard. Copies of the proposed ordinance, and the 1996 California. Fire Code are on file with the Clerk of this Beard, and are open to public inspection. The Clerk of this Board shall cause this resolution to be published pursuant to Government Code Section 6066 in the Contra Costa `fires, a newspaper of general circulation in this County. PASSED and ADOPTED on � v 17, x.999 , by this Board. Mui AE�\T: ME d: NMI TALRnA9eur:c.s08 I hereby certify that this is a true end correct copy of Chief Keith Richter an action taken and entered on the minutes of the Board of St, ry bors oto t<�te date s€�own, CCC Fire Protection District ATTESTED: Au us t 17, 1,.999 County Administrator "I BATCHELOR clerk of tete Board County Counsel of uoevv ors and Coc=nblAd' inistrator Chief Building Official1Z Director of Plannings, �-.., �� ,Deputy Public Works Director � RESOLUTION NO. 99/425 TO:. BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: AUGUST 17, 1999 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT ANiD FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION 7954,ALAMO AREA (WO 5001 CRG# 7394) n nnem® sPEc€Fac REQUEST(s)ORRECOMMENDATION(S)&sAc€coxou:.�o AND JUSTIFICATION I, Recommended .Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in Subdivision 7954 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for October 12, 1999 at 9:00 arra. in Room 107 of the Board of Supervisors' Chambers, 651 Fine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment, and levy the proposed assessment. 3. DIRECT the Public Works Director to mail,by first class mail, a written notice and ballot to each parcel owner within the development in compliance with Proposition 218. ra fes, 'a Continued on Attachment:% SIGNATURE: F�aj ...� RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATUR (S), ACTION OF BOARD ON t , APPROVED AS,I hereby oertify that this Is a true and correct copy of an action RECOMMENDEDI IIEI2® Itaken and entered on the minutes of the Board of Supervisors on i¢he date shown. VOTE of SUPERVISORS X UNANIMOUS(ABSENT none � AYES- NOES. ATTESTED: A, st 17, 1999 ABSENT: ABS`I'AINa PHIL BATCHELOR, Clerk of the Board of Supervisors and County s?'A'S Administr \1i'i��5?\SP-iA3ZT7ATAIG�DaEalSpDiet��ORty:SlF3cardi3rdtrVFasterFornal L100 package.doc ®rag.Div; Public Works(Special Districts) a r Contacia Skip Epperiy(3;3-2253) p cc: County Adm.3nistmtor By Deputy Auditor-Contolder Community Development County Counsei SUBJECT; ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION 7954, ALAMO AREA DATE; AUGUST 17, 1999 PAGE - 2 - IL Fin.anciaElImDact: Thea will be no financial impact to the County General Fund. All costs will be covered with revenue from the Countywide Street Light District, CSA L-100. 1110 Reasons for Recommendations and lack round; The developer is required by Condition of Approval to install street lighting fixtures and annex to the County's street light program, CSA L-100, for continued maintenance and operation of those fixtures. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The hoard Order and Resolution complies with the requirements for new assessments under Proposition 218, IV. Gonseguenc€s of Negative Actions This project will riot be in compliance with the Conditions of Approval for Subdivision 7954, and an alternative means to finance public right of way street lighting would have to be found, THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 1999, by the following vote: AYES: SUPERVISORS GI DIA, iIIL �'.A, GERBER, DESAULI-IER AND CANCIA-M- jLLA NOES: ,-NONE ABSENT: NONE ABSTAIN: NNCNE RESOLUTION NO. 99/ 427 SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING DISTRICT The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Subdivision 7954 (the "Development") consisting of four parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be eight parcels. Please nate that this development will be annexing in phases. The current annexation phase consists of one parcel that is developing into three parcels, 2. On May 14, 1999 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area L-100 (DSA. L-190). The County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that request. 3. Once the Development is annexed into CSA L-100, the parcels within it will receive a special benefit over and above that received by the general public in the form of lighting services, This service is a "miscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.406 of the Contra Costa County Code. 4. In order to fund the Extended Service that will be provided to the parcels within the Development, it will be necessary to levy a service charge (the "Assessment"). The service charge meets the requirements of an "assessment" under Article XI1ID of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcels within the development. 5, A copy of the "Addendum to the Final Engineer's Report to the Board of Supervisors for Establishing A Street Light Service Charge for Fiscal Year 1999/00 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 of the Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire service area; the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. 6. The Beard has adopted the Engineer's Report for the Countywide Street Light Program on July 13, 1999, Based can its review of the Engineer's Report, the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcels within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service will confer on each parcel. RESOLUTION NO. 99/427 Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on October 12, 1999 at 9:00 a.m, in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice. A copy of the Engineers Report is on Pile with the Public Works Department. 3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the Ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protests exists if, upon conclusion of the Nearing, Ballots submitted in apposition to the Assessment exceed the Ballets submitted in favor of the Assessment. In tabulating the Ballots, the Ballots shall be weighted according to the proportional financial obligation of the affected property. 4� If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report; levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa County Public Works Department, acting as the designated director, has concluded that the Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies the Assessment for the Fiscal year referred to in the Engineer's Report. herebv cartIfv that this Is a f de and correct copy of an ct+cn take;, and anteied oin the mill stss of the Board of Sine Asors on date sh*wn. A-11.ESTEED: August 17,__1999__, PHL BATCHELOR,Clank ofthe Board of Supervisors and C"Ou Tt<jlAd'$inistrator t p By , epi hz RESOLUTION NO. 991 427 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List 77 , � 0 Petr i rr�b�r y r r! N � #c res Halina and Kenneth Repp 192-----72��-006 �73 Vernal Drive Alamo, CA 94507 2 The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be seat to the Contra Caste County Public Works Department as they are available. 1.0 Street Lighting Factors/Parcel. RESOLUTION NO. 991 427 EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 1999-00 The undersigned, acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article MID, Section 4,of the California Constitution,t1le County Service Area Law(Gov. Code,25213.1 et seq.)and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in the State of California. Dated: By He t` Ballengor Assistant Public Works Director RCE No. 41746 RESOLUTION NO. 99/ 427 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Subdivision 7954 so Ts, or .6 �0��ptl�r� old r Uric E�rOP�� lum, or 1 192-240-006 Single Family 1,0 14.94 €: 2 192-240-006 Single Family 1.0 $94.94 3 192-240-006 ' Single i=anllly 1,0 $14.94 Xw FUrid To L!ter41 M 2401 CSA L-1001 $14694 $625,696.56 41877.50 Proposed CSA L-900 $14.94 $44.82 3.00 Annexation ENew € CSA L-100 $14.94 $625,741,38 41,880.50 Totals I Notes: 1) 3.0 Street Lighting Factor Units at $14.94 each = $ 44,82. 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1999800 Tax Roll and approved by the Board of Supervisors on July 13, 1999, RESOLUTION NO. 991 427 ASSESSMENT DIAGRAM OF Contra Costa County County Service Area L-100 Street Lighting District pF� ,``�G No.224 ! 3v f \J� CIV�t- 14 Asti i?2 zoo'` 732x,,6 Y MAP �?� Fsvn in1f� a f3'6'Ai IpZ-23p-Jt5 AN i`t2.24o•C�7� � 0.70 td EG. '< 9 792ro N¢3i°35'W 97,397M 1 i AP,V ill- i 271-003 �p-0{0 Apjj tql.- { -nig EXHIBIT I` "B" Cesai: Cris Engineering I! -�q PLAT TO ACCOMPANY [D) a!!San Aa®a;a Palley awlevard 'agog' LEGAL CEGCAIP,IC orr'a 44525 � AanetIis; Calif a �. 5!O 1837-3700 spa 2t .3 RESOLUTION NO. 991 427 On July 13, 1999, as an attachment to Resolution 99/323, the Board of Supervisors adopted the "Final Engineer's Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For Fiscal Year 1999/00". That report recommends levying of a street lighting charge as provided in the County Service Area Law, Government Code sections 2521 O.1, and following and in accordance with Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum supplements that report by providing support for levying such an assessment on the parcels described in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100"). Total Assessment/ Charge in CSA L-100 In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $ 14.94 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $ 14.94 in Fiscal Year 1999/2000, Methodology for Calculates Street Lighting Assessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family dwelling unit to as much as 8 basic unit charges for a large apartment complex. The service charge for each County Service Area is based upon several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthly electrical bill; (2) the number and types of parcels within each Service Area; (3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unforseen expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs of operating the street light system and those costs are apportioned among the various parcels in the County Service Area (CSA) L-1 CIO Lighting District. RESOLUTION NO. 991 427 EXHIBIT C BALLOT NOTICE Why d1dyou receive this Ballot? When your development was approved,there was a requirement(condition of approval)to annex the parcel(s)into the County Service Area L-100 Lighting District and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the street lighting within the public right of way. The passage of Proposition 21.8 requires a vote on all new assessments and this is why you received this Ballot. How Much is the Assessment? For single family homes,the assessment will be$14.94 per year. The total amount levied by the assessment,with regards to this development is approximately$44.82 per year. Why should you Vote? Your vote will decide if the assessment will be imposed. Only returned ballots will be counted. Will this Assessment Increase in the Future? The Benefit Zone does not intend to increase the assessment,and it cannot be increased without another election. What does the Assessment Fund Allow? The assessment allows the Bernefit Zone to provide and maintain street lighting within the public right of way. How was my Assessment Calculated? The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special benefit received. Essentially,each single family home in the development is allocated the same assessment. An Engineer's Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works,255 Glacier Drive,CA,94553-4897. Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to September 23, 1999 or you may hand carry your ballot to the Public Hearing on October 12, 1999. Ballots received after the close of the Public Hearing can not be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment, are opposed to the assessment,the assessment will not be imposed. Ballot Procedures This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the County Service Area L-100 Lighting District. The ballot maybe used to express either support for or opposition to the proposed County Service Area L-100 Lighting District within this development. In order to be counted,this ballot must be signed and dated in the space provided by an owner or, if the owner is a partnership or a corporation, by an authorized representative of the owner. Those executing this ballot on behalf of a corporation,partnership,trust or other entity must also indicate title or office below the identification of the property owner(e.g., trustee, President, General Partner, etc.) If the property is owned jointly(e.g.,common,joint tenants)one or both property owners may sign the ballot. There is only one ballot for each property even though the property may have more than one owner. If both owners of the property vote the same,the ballot counts as one vote. If both owners vote differently,one in support and one opposed,then the votes cancel each other out and the ballot will have a"zero"vote, Public Hearing The hearing will be held on Tuesday, October 12, 1999 at 9:00 a.m, in the Board of Supervisors Chambers, County Administration Building,651 Pine Street,Martinez,CA 94553. Results of the returned ballots will be announced after the close of the public testimony portion of this meeting. At this hearing,the Board will take final public testimony and take act-on on whether or not to levy the assessments based upon the testimony and ballots received. RESOLUTION NO. 991 427 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Marcel No.: 192-240-006 Annexation Of. Subdivision 7954 Record Owner: Halina and Kenneth Repp Address; 173 Vernal Drive Alamo, California 94507 - Yes, I approve of the proposed annual assessment of$14.94 on each of the parcels identified in this ballot. No, I do net approve of the proposed annual assessment of$14.94 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date - RESOLUTION NO, 99l 427 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 1999 by the following vote: AYES. SUPERVISORS GTGIA, UILKEMA, GERBER, DESAULKEER AND CANC TL�/a NOES: NONE ABSENT: NONE RESOLUTION NO, 99/ 426 ABSTAIN: NONE (S. & H.C. § 8320) SUBJECT: Vacation of a Portion of Imhoff Drive and Imhoff Place W. 0. 3191 Martinez Area RESOLUTION OF INTENTION TO VACATE A PUBLIC STREET OR PUBLIC SERVICE EASEMENT The Board of Supervisors of Contra Costa County RESOLVES THAT: Pursuant to Chapter 3, "General Vacation Procedure", of Part 3 of Division 9 of the Streets and Highways Code, this Board declares its intention to vacate two County streets commonly known as Imhoff Drive and Imoff Place, which are more particularly described in Exhibit "A" and Exhibit "B-1" attached hereto. This proposed vacation is generally located in the area of Martinez. A map of the streets to be vacated is on file in the Public Works Department. This Board will meet on Tuesday, September 14, 1999 at 9:00 a.m. in its Chambers, Administration Building, 851 Pine Street, Martinez, California, to hear evidence offered by any interested party as to whether this area is unnecessary for permanent public use. This Board DIRECTS the Public Works Department to have a copy of this resolution of intention posted conspicuously along the line of this proposed vacation at least two weeks before the hearing, in accordance with Streets and Highways Code, Section 8323. Lo:eh G:\Rea,Prop\1999-FHes\99-8\V',3-irnhoffDrive.doc I hereby certify that this is a true and correct Orig. Dept.° Pubilc works Crept. (R/P) copy of an action:taken and entered on the Contact: L. Lucy Owens(313-2229) minutes of the Board of Supervisors on the cc: Public works-#Taint. (via R/P) date shown. Road Engineering (via R/P) Records(via R/P) ATTEST _Augus v 17, 1999 County Counsel ATH1L 134 C ELOR, rk of the Board of Community Development Dept. S env' o and Cou ty EBMUD, Land Management division Adminis ra#or Pacific Cas&Electric Attn: Land Department By Deputy Pacific Bell Atte: Buck Keith 2600 Camino Ramon, Rm 3158501,San Ramon,CA 94533 Contra Costa water District Applicant: Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, CA 94553 RESOLUTION NO. 991 425 Exhibit "A" Parcel 3 Vacation Portion of Imhoff Place Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Segment 1 as described in Relinquishment No. 40382 to the County ofContra Costa recorded April 8, 1983, in Book 1 ,1200 of Official Records at page 144 and as shown an that certain set of maps entitled "Relinquishment in the County of Contra Costa" filed December 21, 1982, in State Highway Map Book No. 8, pages 14 through 24, inclusive filed in the Office of the Recorder of said County, described as follows: Beginning at the southerly terminus of the course shown on said Segment 1 (11200 OR 144 and sheet 6 of 11 State Highway Map Book No. 8, page 19) as "north 30035'00" east 70.1.0 feet"; thence from said Point of Beginning, along the right of way line of Imhoff Place, southwesterly, southerly and southeasterly along the arc of a tangent curve concave to the northeast, having a radius of 20.00 feet, through a central angle of 90'00'00", a distance of 31.42 feet; thence tangent to said curve, south 59"25'00" east 110,00 feet; 'thence southerly along the arc of a tangent curve, concave to the west, Laving a radius of 380.00 feet, through a central angle of 50'32'17", a distance of 335.18 feet to a point of reverse curvature; thence southerly along the arc of said reverse curve, concave to the east, having a radius of 970.00 feet, through a central angle of 13'25'04", a distance of 227.16 feet; thence tangent to said curve, south 22017'47i' east 368.52 feet; 'thence southerly, southwesterly, westerly, northwesterly and northerly along the arc of a tangent curve, concave to the north, having a radius of 42.00 feet, through a central angle of 231019'05", a distance of 169.57 feet to a point of reverse curvature; thence northerly along the arc of said reverse curve, concave to the west, having a radius of 22.00 feet, through a central angle of 51019'05", a distance of 19.70 feet; thence tangent to said curve, north 22"17'47" west 318,56 feet; thence northerly along the arc of a tangent curve, concave to the east, having a radius of 1030.00 feet, through a central angle of 13025'04", a distance of 241.21 feet to a point of reverse curvature; thence northerly and northwesterly along the arc of a tangent curve, concave to the west, having a radius of 320.00 feet, through a central angle of 50"32'17", a distance of 282.26 feet; thence tangent to said curve, north 59c2600" west 110.00 feet; thence northwesterly, westerly and southwesterly along the arc of a tangent curve, concave to the south, having a radius of 20.00 feet, through a central angle of 90000'00", a distance of 31.42 feet to a point of cusp; thence leaving said right of way line of said Imhoff Place, north 3003600" east 100-00 feet to the Point of Beginning. Containing an area of 66,100 square feet (1.517 acres) of land, more or less. Reserving Therefrom: Pursuant to the provisions of Section 8340 of the Streets and Highways Code, the easement and right at any time, or from time to time, to construct, enlarge, maintain, operate, replace, remove and renew those existing and in place utilities, as of the date of recording this instrument, in, upon, over and across any highway or part thereof proposed to be vacated, including access to protect the property from all hazards, in upon, and over the area herein before described to be vacated. Parcel 4 Vacation Portion of Imhoff Drive Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Parcel 1 described in Relinquishment No. 22189 to the County of Contra Costa recorded September 4, 1963, in Book 4443 of Official Records at page 252, described as follows: Beginning at a point on the northerly right of way line of Imhoff Drive as described in said Parcel 1 (4443 OR 252), said point being the southwest corner of the parcel of land described in the deed to Contra Costa County recorded May 7, 1962, 'in Book 4113 of Official Records at page 318; thence from said Point of Beginning, along said northerly right of way line of Imhoff Drive, south 66001'24" east 348.18 feet to the southwest corner of the Parcel of land described in the deed to Central Contra Costa Sanitary District recorded November 12, 1981, in Book 10571 of Official Records at page 144; thence leaving said northerly right of way line of Imhoff Drive, south 23058'36" west 51.09 feet to a point on the southerly right of way line of Irnhoff Drive; thence along said southerly right of way line, north 66001'24" west 348.18 feet; thence leaving said southerly right of way line of Imhoff Drive, north 23"5836" east 5*11.09 feet to the Point of Beginning. Containing an area of 17, 789 square feet (0.408 acre) of land, more or less. Reserving Therefrom: Pursuant to the provisions of Section 8340 of the Streets and Highways Code, the easement and right at any time, or from time to time, to construct, enlarge, maintain, operate, replace, remove and renew those existing and in place utilities, as of the date of recording this instrument, in, upon, over and across any highway or par', thereof proposed to be vacated, including access to protect the property from all hazards, in upon, and over the area herein before described to be vacated. Bearings are based on the California Coordinate System of 1927 (CCS27), Zone Ill. These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. `�—,D CA Signature: t t 0 Licensed Land Surveyor ,�0 Contra Costa County Public Works EXP, 12-Pt)o No, 59" Date: JS:gPP CAO G:1GrPDa'a1C1ericaREXHj89TS1j.999\Arimal Services Excess.doc August 9, 1959 r r 1 �+} t , CP Lo Vt CO t� � per• /,��+yd, �+"'� d, _ � �`y �• ,p., ��tS��1 On I-) a j r l/ Cry rte` \� r � Lo -Vo ,y f t� R TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: August 17, 1999 SUBJECT: Revision of Floodplain Management Ordinance SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Is Recommended Action: Replace the existing Floodplain Management Ordinance (leo. 96-11) with a revised Floodplain Management Ordinance to bring the ordinance into compliance with the National Flood Insurance Program regulations. Introduce the replacement Ordinance, waive reading, and fix September 14, 1999, for adoption. IL Financial IIS sem; None RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ®APPROVE _OTHER ACTION OF BOARD ON AA mt 17. 1999 ; APkOV I'D AS RECOMMENDED X i3'I'HER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of VOTE OF SUPERVISORS Supervisors on the date shown. X UNANIMOUS(ABSENT AYES NOES: ABSENT: ABSTAIN: RL:df .ATTES'T'ED: C, 1� -- Cs:\CrrpData\HngSv-',B0\l9S9,E999 17P Ordinance 30.doo PHIL BA`I'CI-IELi999, Clerk of the Board of Supervisors and Odgtcatorc Public Warks(Engineering Services) County Administrator Contact: Rich Lieriy(313-2348) cc. I.Mich==Walford,Public Works Director P.Bary,,County Counsel Development^uirecior y P.Althoff,County Counsxi < '� F.Lew,Building Inspection Director By � ,Deputy i� SUBJECT: revision of Floodplain Management Ordinance DATE: August 17, 1999 PAGE 2 III. Reasons for Recommendations and Background: The Federal Emergency Management Agency (FEMA) performed an audit on the County's Floodplain Management Program and found our existing ordinance not to be in compliance with the National Flood Insurance Program (NFIP) regulations. Furthermore, the Building Official requested that some of the policies adopted by the County's Floodplain Management Team be codified before his department would enforce them. In particular, this policy (and the most significant change to this ordinance) requires that all new construction materials used below the flood level be "Flood resistant materials" as specified in this revised ordinance. For the County to continue to be eligible to participate in the NFIP, and provide flood protection for its residents, it is necessary to adopt an ordinance that rectifies this problem. The revised Floodplain Management Ordinance corrects these problems by bringing our ordinance into compliance with '-,NFIP regulations and adding the requirements and definition for flood resistant materials. IVa Consequences of Negative Action: The Federal Emergency Management Agency (FEMA) could find the County's Floodplain. Management Ordinance and the County's Floodplain Management Program to be in non-compliance with the National Flood Insurance Program (NFIP). FEMA and the NFIP could discontinue issuing flood insurance policies for residents of unincorporated Contra Costa County. This would greatly increase insurance costs for County residents and could jeopardize the County's access to FEMA's assistant in the event of a flooding disaster. ORDINANCE NO. COUNTY OF CONTRA COSTA FLOODPLAIN MANAGEMENT_ORDINANCE The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance repeals Ordinance No. 96-11 and 90-118 (Chapter 82- 28 of the County Ordinance Code) on Floodplain Management and replaces it with the revised Floodplain Management Ordinance as Chapter 82-28 of the County Ordinance Code. CHAPTER 82-28 FLOODPLAIN MANAGEMENT ORDINANCE ARTICLE 82-28.2 GENERAL SECTION II. CHAPTER 82-28 is added to the County Ordinance Code to read- 82-28.202 STATUTORY AUTHORIZATION. This ordinance is designed to promote the public I safety and general welfare of the citizens of Contra Costa County and is enacted pursuant to the authority of 42 United States Code Sections 4001-4128; see especially 42 U.S.C. Section 402.2; Government Code Sections 25120-25132; Title 44 of the United States Code of Federal Regulations at Section 60.3, (anal "all applicable associated" Technical Bulletins); .Health and Safety Code Section 450; and California Constitution, Article XI, Section 7 and Covenu ent Code Sections 65302, 65560 and 65800. 82-28.204 FINDINGS OF FACT. (1) The Special Flood Hazard Areas (SFHA) of Contra Costa County are areas subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by inadequate drainage facilities and the cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities, These lasses may result when structures are inadequately anchored, elevated, flood proofed or protected from food damage. (3) Contra Costa County has experienced serious flooding, which has resulted in substantial property damage and the potential for loss of life. Adoption of a legally enforceable floodplain management ordinance which fully complies with the recently revised rules of the National F`_=ood Insurance Programa (NF IP) administered by the Federal Emergency Management Agency(FEMA)will allow Contra Costa County 1 to continue its participation in the NFIR The continued participation of the County In the NFIP is desirable and promotes the public health, safety, and welfare in that it provides insurance and federal assistance in the event of flood(s) within the County's jurisdiction. In the absence of such insurance, the County's vulnerability to damage and loss resulting-76om flood events may be substantial and potential flood damage represents an immediate threat to the public health, safety,. and welfare. (Ords. 90-1.18, 88-50, 87-45.) 82-28.206 STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public heath, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions during flooding; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric,telephone, and sewer lines,and streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the use and development of areas of special flood hazard subject to review by permit and application of flood damage redLtion standards so as to minimize future flood blight areas; (7) To provide information-to the general public regarding special flood hazard areas in the unincorporated areas of the County; (8) To clearly establish that those who occupy the areas of special flood hazard should assume responsibility for their actions and the l,losses they may suffer; and (9) To ensure that potential buyers are notified if property is in an area of special flood hazard. 82-28.208 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purpose, this ordinance includes methods and provisions for: (1) Restricting or prohibiting land uses that create a danger to health,safety, and property due to water inundation or erosion hazards or that result in damaging increases in erosion, flood heights, or velocities; (2) Requiring that land use areas vulnerable to floods be protected against flood damage at the time of initial construction including facilities such as utilities, which serve them; 2 (3) Requiring that the design of streets and public access facilities include consideration of accessibility under the base flood conditions for emergency service vehicles and any rescue and relief operations; (4) Controlling and limiting the alteration of natural floodplains, strearr�chancels, and natural protection barriers that help accommodate or channel flood waters; (5) Controlling filling, grading, dredging, and other development which may increase flood damage; (6) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas. (7) Requiring orderly development of drainage facilities within watershed areas as development occurs; (8) Recognizing the importance and beneficial functions of natural floodplains; and (9) Requiring that all new construction and substantial improvements within floodplains be constructed in such a manner that flood damage will be minimized. (Orris. 90-118, 88-50, 87-45.) ARTICLE 82.28.4 and 28.5 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. 82-28.402 !�� means a request for a review of the Floodplain Administratofs interpretation of any provision of this ordinance or decision on a request for a variance. (Orris. 90-118, 88-50, 87- 45.) 82-28.404 "Area of shallow flooding!' means a designated ACJ, Ali, or VO Zone on the Flood Insurance Rate Map (FIRM). 'rhe base flood depths range from one to three feet; a clearly defined charnel does riot exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. (Ords. 90-118, 88-50, 87-45.) 82-28.406"Base hood elevation IEE means the elevation a'�sove"mean sea leve:"to which the base flood will rise as determined by FEMA or the Floodplain Administrator. 82-28.408 "Base food" means a flood having a 1% chance of being equaled or exceeded in any giver year(also called the "100-year flood"). (Ords. 90-118, 88-50, 87-45.) 82-28.410 "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (Ords. 90-118, 88-50, 87-45.) 3 82-28.412 "Breakaway walls" are any type of walls, whether solid or lattice and whether constructed of concrete,masonry, wood, metal,Plastic, or any other suitable building material that is not Part of the structural support of the building and that is designed to break away under abnomi.ally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 'we- . pounds Per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than. that which would occur during the base flood and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. (Ords. 90-118, 88-50, 87-45.) 82.28,414` Buildln Permit"shall mean ao wilding Permit, Plumbing Permit, Electrical Permit, or Mechanical Permit issued by the Contra Costa County Building Inspection Department. 82-28.4161 "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune alone an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone VIN30,RJR or V, (Ords. 90-118, 88-50, 87-45.) 82-28.418 "Development" means any roan-made change to improved or unimproved real estate, including but not limited to buildings or other structures,raining, dredging, filling, grading,paving, excavation, drilling operations, and storage of equipment or materials. (Ords. 90--118, 88-50, 87-45.) 82-28.420"Encroachment"means the advance or infringement of uses, fill, excavation.,buildings, permanent structures, or development into a floodplain that may impede or alter the flow capacity of a floodplain. 82-28,422"Existing manufactured-home-park or subdivision"means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets are comp`_`_=eted on or before the effective date of this ordinance. (Ords. 90-118, 88-50, 87-45.) 82-28.424 "Expansion to an existing manufactured hoarse 12ark or subdivision" means the Preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured hones are to be affixed, including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets. (Ords. 90-118, 88-50, 87-45.) 82-28.426 "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of flood waters; and/or 4 (2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) The collapse or subsidence of lard along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event that results in flooding as defined in this definition. (Orris. 90-118, 88-50, 87-45.) 82-28,428 "Flood Boundary and Floodway leap"means the official map described in Section 82- 28.604 on which the FEMA or FIA has delineated both the areas of flood hazard and the floodway. (Ords. 90-118, 88-50, 87-45.) 82-28.430 `Flood Insurance Rate Map (FIRM""means the official map described in Section 82- 28.604 on which the FEMA or FIA has delineated both the arras of special flood hazards and the risk premium zones applicable to the community. (Ords. 90-118, 88-50, 87-45.) 82-28.432 "Flood Insurance Study" means the official report described in Section 82-28.604 provided by the FIA that includes flood profiles,the FIRM,the Flood Boundary and Floodway Map, and in some areas, the base flood elevation, (Orris. 90-118, 88-50, 87-45.) 82-28.434 "Floodplain or flood-prone area"means any land area susceptible to being inundated by water from any source (See definition of"flood or flooding"). (Ords. 90-11.8, 88-50, 87-45.) 82-280436 "Floodplain Administrator"is the individual appointed to administer and enforce the floodplain management regulations. (Orris. 90-118, 88-50, 87-45.) 82-28.438 "F199dralain Mau a ent"means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control work, and floodplain management regulations. (Ords. 90-118, 88-50, 87-45.) 82-28.440 "Flood laa ain management-regulations" means zoning ordinances, subdivision regulations, building crudes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control regulations), and other applications of the police power that control development it flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage. (Orris. 90-1118, 88-50, 87-45.) 8228,442 "Floodplainpermit' means a permit required of all development which occurs in any area designated by FEMA as a SFHA and as required by the Floodplain Administrator. (Ords. 90- 118, 88-50, 87-45.) 82-28.444 "Flo roofing" means any combination of structural and Nonstructural additions, changes, or adjustments to nor-residential structures that eliminate flood damage to real estate or 5 improved real property, water and sanitary facilities, and non-residential structures and their contents, (Ords. 90-118, 88-50, 87-45.) 82-28.446"Floodway"means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.30 meters (one foot). The floodway shall be as designated on the FIRMS and/or as designated by the Floodplain Administrator whether or not a Floodplain is shown on the FIRM. Also referred to as "Regulatory floodway." (Ords. 90-118, 88-50, 87-45.) 82-28.448 "Flood resistant" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduces flood damage, generally allowing flood waters to enter and exit the building without causing any significant damage to the structures or their contents. (Ords. 90-118, 88-50, 87-45.) 82-28.450"Flood-resistant materials"means any building material capable of withstanding direct and prolonged (at least 72 hours) contact with flood waters without sustaining significant damage (any damage requiring more than low-cost cosmetics repair-such as painting). Acceptable materials are specified in"Technical Bulletins" and/or as approved by the Floodplain Administrator. 82-28.452 "Flood-related erosion"means the collapse or subsidence of'11and along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. 82-28.454"Flood-related erosion area"or"Flood-related erosion prone area"means a land area adjoining the shore of a lake or other body of water,which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. 82-28.456 "Flood-related erosion area management"means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control work, and floodplain management regulations. 82-28.458 "Floodway fringe Ll means that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. 82-28.460"Fraud and victimization" as related to Section 6, Variances, of this ordinance,means that the variance granted must not cause-fraud on or victimization of the public. In examining this requirement, the Zoning Administrator will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to ore-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods,while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property,unaware 6 that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. 82-28,462 "Freeboard" means a factor of safety usually expressed in feet above a base flood elevation for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. (Ords. 90-118, 88-50, 87-45.) 82-28.454 "Functionally dependent use"means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. (The term includes only docking facilities,port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.) (Ords. 90-118, 88-50, 87-45.) 82-28.465 ` Governing hody" is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. 82-28<468 "Hardshl� as used in Section 82-28.516, Variances, of this ordinance means, the exceptional hardship that would result from a failure to grant the requested variance. The County rewires that the variance be exceptional, unusual, and peculiar to the property involved. dere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps,personal preferences, or the disapproval of ones neighbors likewise cannot, as a rule, qualm as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. (Ords. 90-118, 88-50, 87-45.) 82-28.470"Highest adjacent grade"means the highest natural (i.e. undisturbed) elevation of the ground surface prior to construction:next to the proposed walls of a structure. (Ords. 90-118, 88-50, 87-45.) 82-28.472 "Historic Structure"means any structure that is: (1) Listed individually in the stational Register of historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the stational Register, (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of Interior to qualify as a registered historic district, (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory ofhistoric places in communities with historic preservation programs that have been certified either by an approved state program 7 as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs. (Ords. 90-118, 88-50, 87-45,) 82-28,474 "Loeyest Boor°'means the lowest floor of the lowest enclosed area; including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles,building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this ordinance. (Note; This definition allows attached garages to be built at grade (with adequate venting). Below grade garages are not allowed as they are considered to be basements,) (Ords. 90-115, 88-50, 87-45.) 82-28.4-76"Manufactured hone"means a structure, transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when corrrrected to the required utilities. For floodplain management purposes the term "manufactured home" also includes;carp trailers,travel trailers and other similar vehicles placed on a site for greater than. 150 consecutive days and Neither continuously licensed nor"road ready." (Ords. 90-118, 88- 50, 87-45.) 82.28-478 "Manufactured home park or subdivision"means a parcel(or contiguous parcels)of lard divided into two or snore manufactured horse lots for sale or rent. (Ords. 90-118, 88-50, 87-45.) 82,28-479 eS arket Value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed, The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical but shall not include economic or other forms of external.obsolescence. Use of replace costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. 82-28,480"Mean sea level"means,for purposes of the QIP,the National Geodetic Vertical Datum GVI7)of 1929 or other datum,to which base flood elevations shown on a community's FIRM are referenced. (Ords. 90-118, 88-50, 87-45.) 82-28,482 "New construction" for floodplain management purposes, means str=ictures for which the"start of construction" commenced on or after(July 16, 1987) the effective date of Contra Costa County's Floodplain Management Ordinance, and includes any subsequent improvements to such structures. (Ords. 90-118, 88-50, 87-45.) 82-28484"Obstruction" includes,but is not limited to, any darn,wall,wharf, embankment, levee, dike,pile, abutment,protection, excavation, channelization,bridge, conduit, culvert,building,wird, fence,rock, gravel,refuse, fill, structure, vegetation, or other material in, along,across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. (Ords. 90-118, 88-50, 87-45.) 82.28.486"One hundred year flood"or 11100-year flood."means a flood which has a one percent 8 arnmal probability of being equaled or exceeded. (Also called the "base flood,") (Ords. 90-118, 88- 50, 87-45.) 82-280488 "Person"means an individual or his agent, firm,partnership, association or corporation, or any agent of the aforementioned groups, or this state or its agencies or political subdivisions. (Orris. 90-118, 88-50, 87-45.) 82-28.490"Public safety and nuisance" as related to, "Variances," of this ordinance means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood,or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner,of any navigable lake, or river,bay, stream, canal, or basin. 82-28.492 "Reconstruction"means to perforin major construction or modifications to an existing structure, that makes the existing structure like or better than new. Reconstruction does not cover nominal or routine maintenance unless otherwise specified in Section 82-28.472. 82-28.494 "Recreational Vehicle"means a vehicle that is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a, permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. 82-28.496 "Re u latory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.30 meter(one-foot). 82-28,498"Remedy_a violation"means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. (Ords. 90-118, 88-50, 87-45.) 82-28.500 "Riverine"means relating to, formed by, or resembling a river (including tributaries), stream., brook., etc. (Ords. 90-118, 88-50, 87-45.) 8228.502 "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. 82-28.504_"Special food hazard area(SFHA)":Weans an area having special flood or food-related erosion hazards, and shown on Fly as Zone A,Ate,Al-30,A99, Ali,VO,V1-30 or V. (Ords. 90- 118, 88-50, 87-45.) 9 82.28 506 "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation ofpiles, the construction ofcolumns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, or foundations,or the erection of temporary forrns,the footings,piers, or installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,ceiling, floor or other structural part of a building,whether or not that alteration affects the external dimensions of the building. (Ords. 90-118, 88-50, 87-45.) 82-28.508 "Structure"means a walled and roofed building, or manufactured home, including a gas or liquid storage tank, that is principally above ground. (Orris. 90-118, 88-50, 87-45.) 82®28.510"Substantial damage"meat=s damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 82-28.51.2 "Substantial improvement" means any reconstruction, rehabilitation, addition or 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. This term includes structures that have incurred"substantial damage"regardless of the actual repair work performed.. The percentage figure shall be added to any successive building permits that may be issued or have been issued within a contiguous 10-year span. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences,whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of structure to comply(not required because of food damage) with existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions; or (2) any alteration of an"Historic Structure,"provide that the alteration,will not preclude the structures continued designation as an"historic structure."(Ords. 90-118, 88-50, 87-45.) 82-28.514"Technical Bulletin"means Bulletins developed by the Federal Emergency Management Agency (FEMA), the California Department of dater Resources (CA DVVR), or the Floodplain Adrninistrator. These Bulletins clarify specific requirements of Federal, State or local laws pertaining to Floodplain Management. 82-288516"'Variance"means a grant of relief from the requirements of this ordinance which permits construction:in a manner that would otherwise be prohibited by this ordinance. (See "Hardship") 10 (Ords. 90-118, 88-50, 87-45.) 82-28.518 "Violation" means the failure of a structure or other development to be in compliance with this ordinance. (A structure or other development without an elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.) (Ords. 90-118, 88-50, 87-45.) 82-28.520 "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum(NGVD)of 1929, (or other datum,where specified)of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 82-28.522 "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. ARTICLE 82-28.6 GENERAL PROVISIONS 82-28.602 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Contra Costa County, as shown on the maps described in Section 82-28.604. (Ords. 90-118, 88-50, 87-45.) 82-28.604 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard have been identified by FEMA or the FIA in a scientific and engineering report entitled "Flood Insurance Study for Contra Costa County,Unincorporated Areas," dated July 16, 1987, with accompanying FIRM and Flood Boundary and Floodway Map of'sane date and all subsequent amendments and/or revisions,which study and maps are hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study and accompanying reaps are on file at the Contra Costa County Public Works Department,255 Glacier Drive,Martinez. This Flood Insurance Study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended by the Floodplain Administrator. Within the areas of special flood hazard identified in the Flood Insurance Study, accompanying maps and supplemental studies, freeboard is required. In the San Francisco Bay Delta Estuarine Region, 0,61 meters (two feet) of freeboard is required. In all other unincorporated areas of the County, one foot 0.30 meters (one foot) of freeboard is required. (Ords. 90-118, 88-50, 87-45.) 82-28.606 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute an infraction punishable as provided in Government Code Section 25132. Nothing herein shall prevent the Contra Costa County Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violations (dards. 90-118, 88-50, 87-45.) 82-28.608 ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, 11 where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail. (fords. 90-11.8, 88-50, 87- 45) 82-28,610 INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the County; and, (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (fords. 90-118, 88-50, 87-45.) 82-289612 WARNING .AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by roan-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the County, or any officer or employee thereof, or the FIA, for any flood damages that result from reliance on this ordinance or any administrative decision made thereunder. (Orris. 90-1.18, 88-50, 87-45.) 82-28061.4 SEVERABILITY. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance by declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (fords. 90-118, 88-50, 87-45.) ARTICLE 82-28.8 ADMINISTRATION 82-28.802 ESTABLISHMENT OF FLOODPLAIN PERMIT. A Floodplain Permit shall be obtained from the Contra Costa County Public`works Department before construction, and prior to issuance of a Grading Permit or Building Permit, or commencement of development on any property within any area of special flood hazards established in Section 82-28.604. .Application for a Floodplain Permit shall be rade on forms furnished by the Floodplain Administrator, in the Public Works Department of Contra Costa County and may include, but not be limited to: plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; and the location of existing or proposed structures, fill, storage of materials, drainage facilities, or other development defined in this ordinance. Specifically,the following information is ;squired: (1) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures. In Zone Aid or VO, elevation of highest adjacent grade, and proposed elevation of lowest floor of all structures; 12 (2) Proposed elevation, in relation to mean sea level, to which any structure will be fioodproofed; (3) all appropriate certifications listed in Section 82-28.806; and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Orris. 90-118, 88-50, 87-45.) (5) Description of the extent to which grading is proposed within the SFHA. 82-28.803 DEVELOPMENT PERMIT APPLICATION. Prior to a Variance Permit, Land Use Permit, Development Plan Permit or Tentative Map Application 'being deemed complete on any property within any area of Special Flood Hazards established in Section 82-28.604, an applicant must provide verification from the Floodplain Administrator that the required Flood Zone, BFE and minimum finished flour elevation has been determined. 82-28.804 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The Public Works Director of Contra Costa County shall be the Floodplain administrator but may designate a person under his supervision(chiefly the Floodplain Manager)to administer and implement this ordinance by granting or denying Floodplain Permits in accordance with its provisions. (Ords. 90-118, 88-50, 87-45.) 82-28.806 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR The duties and responsibilities of the Floodplain Administrator shall include,but not be limited to, I he followving: (1) Review Permits (a) Review all Floodplain Permits to determine that the permit requirements of this ordinance have been satisfied; (b) Review written statements rewired to be submitted by each applicant that all other required Mate and Federal permits have been obtained; (c) review Floodplain Permits for compliance with FEMA requirements for elevation of structures above the floodplain plus freeboard; and (d) Review Floodplain Permits for compliance with FEMA requirements so that the proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this ordinance, "adversely affect" means that the cumulative effect of the proposed development,when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than. 0.30 meters (one foot) at any point. (2) Use of Other Base Flood Elevation Data. When base flood elevation data has not 'peen provided in accordance with Section 82-28.604, the Floodplain Administrator shall require, obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer 13 Section 82-28.10. Generally speaking, consisting of more than 10 new insurable structures will be required to determine the base good elevation by developing a detailed hydrology and hydraulic study, including but not limited to, a back water analysis. Developments of 10 or fewer insurable structures will be required to determine the base flood elevation using standards acceptable to the Floodplain Administrator. (3) Notify Agencies of Watercourse Alteration or Relocation. When a watercourse is to be altered or relocated, the Floodplain Administrator shall notify the Contra Costa County Flood Control and Water Conservation District, adjacent communities and the California Department of Water resources prior to such alteration or relocation of the watercourse, and send copies of such notice to the FIA, and require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. (4) :maintain Records. The Floodplain Administrator shall be provided with, and shall maintain, the following records: (a) The certification required in Section 82-28.1002(3) (a) (floor elevations); (b) The certification required in Section 82-28.1002(3) (b) (elevations in areas of shallow flooding); (c) The certification required in Section 82-28.1002(3) (c) (iii) (elevation of floodproofing of nonresidential structures); (d) The certification required in Section 82-28.1002(3) (d) (i) or 82-28.1003(3) (d) (ii) (wet floodproofing standard); (e) The certification of elevation required in Section.82-28.1006(2)(subdivision standards); ( The certification required in Section 82-28.10-28.1010(1) (floodway encroachanents); and (g) The information required in Section 82-28.1012(6) (coastal construction standards). (5) Determination of Boundaries. The Floodplain Administrator may make interpretations where needed, about the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be conflict between mapped boundaries and actual field conditions). Any persona contesting the location Of the boundary shall be givers a reasonable opportunity to appeal the interpretation as provided in Section 82-28.12. (6) Remedy Violations, The Floodplain Administrator may tare appropriate action to remedy violations of this ordinance as specified in Section 82-28.606, with the assistance of the Code Enforcement Officer. (®rds. 90-118, 88-50, 87-45.) 14 J.2 82-28.808 I AW-eais" The Board of supervisors of Contra Costa County shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain Administrator in the enforcement or administration of this ordinance. ARTICLE 82-28.10 PROVISIONS FOR FLOOD HAZARD DUCTION 82-28.1002 STANDARDS OF CONSTRUCTION. In all areas of special flood hazards, fhe following standards are required: (1) Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse,or lateral movement of the structure resulting from. hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) All manufactured homes shall meet the anchoring standards of Section. 82- 28.1008. (2) Construction Materials and Methods. (a) All new construction and substantial improvements shall be constricted with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) All new construction and substantial improvements shall be constructed with electrical,heating,ventilation.,plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) In Zones AH, AO or VO, adequate drainage paths around structures. To guide floodwaters around and away from proposed strictures shall be constructed. (3) Elevation and Floodproofing (a) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation plus required freeboard. In the San Francisco Bay Delta Estuarine Region., 0.61 meters (two feet) of freeboard is required. In all other unincorporated areas of the County, 0.30 meters (one-foot) of freeboard is required. Nonresidential structures may meet the standards in Section. 82- 28.1002(3) (c). Upon the completion of the substructure but prior to 15 siiaa' completion of the structure, the -elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (b) New construction and substantial improvement of any structure in Zone AH, AO, or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in meters (feet) on the FIRM plus required freeboard, or at least 03.61 meters (two feet) if no depth number is specified. In the San Francisco Bay Delta Fsmarine Region,03.61 meters(two feet)of freeboard is required. In all ether unincorporated areas of the County, 01.303 meters (one-foot) of freeboard is required. 'nonresidential structures may meet the standards in Section 82- 28.10-28.103032(3) (c). Upon the completion of the substructure but prior to completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engine'.or surveyor, or verified by the building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain.Administrator. (c) If the difference in elevation between the lowest floor and the ground below the lowest floor is 2 meters(6.6 feet)or greater, the applicant will provide the Floodplain:Administrator with a Deed restriction, This Deed restriction will be recorded and will run with the property(not the applicant). This restriction will limit the area below the lowest floor to be used only for building access, storage and parking of vehicles and will not allow this area to be developed into habitable space. (d) Nonresidential construction shall either be elevated in conformance with Section 82-28.10032 (3)(a) or (b), or together with attendant utility and sanitary facilities: (i) Be floodproofed so that below the base flood level plus freeboard,the structure is watertight with walls substantially impermeable to the passage of water; (ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator. -or- (iv) The Floodplain Administrator may allow the non residential structure to be made"flood resistant."Flood resistant structures shall comply with section 82-28.10032. (3)(e). (e) For all new construction and substantial improvements, with fully enclosed areas below the lowest floor, (excluding basements)that are usable solely for 16 -i `' parking of vehicles, building access or storage, and are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement roust either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (i) Have a minimum of two openings with a total net area of not less than. 6.45 square centimeters (one square inch) for every 0.09 square meters (one square foot) of enclosed area subject to flooding. The bottom of all openings shall be no higher than 0.3 meter (one foot) above grade. (Openings rr.•ay be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters). (4) Manufactured homes shall also meet the standards in Section 82-28.1008. (Ords. 90- 118, 88-50, 87-a45.) 82-28,1004 STANDARDS FOR UTILITIES. (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from.the system into flood waters. (2) On-site waste disposal systems shall be located to avoid impairment to their or contamination from them during flooding. All septic tanks shall be adequately anchored to resist flotation, collapse, or lateral movement. (3) On-site water supply systems shall be located to avoid impairment to them or contamination of them during flooding. (Orris. 90-118, 88-50, 87-45.) 82-28.1006 STANDARDS FOR SUBDIVISIONS. (1) All applications for tentative map approval are incomplete unless the Tentative Maps identify the flood hazard area and the elevation of the base flood. (See section 82- 28.806(2)) (2) All final subdivision improvement plans shall provide the elevation of proposed structure(s), pads, and streets. If the site is filled above the base flood,the final pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (3) All subdivision proposals shall be consistent with the need to minimize flood damage. (4) All subdivision proposals shall have public utilities and facilities such as road, sewer, gas, electrical, and water systems located and constructed to minimize flood.damage. (5) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. 17 (Orris. 90-118, 88-50, 87-45.) 82-28.10€38 STANDARDS FOR MANUFACTURED HOMES. (1) All manufactured homes to be placed or substantially improved within Special Flood Hazard Areas(Zones Al-30, and Ali), as shown on the study and maps described in Section 82-28.604, shall: (a) Be elevated and anchored to a foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, plus rewired freeboard. In the Sar Francisco Bay Delta Estuarine Region, 0.61 meters (taro feet) of freeboard is required.. In all other unincorporated areas of the County, 0.30 meters (one-foot) of freeboard is required. (b) Be securely anchored to an adequately designed foundation system to resist flotation, collapse or lateral movement in accordance with California Health and Safety Code sections 18613.4 or 18551. (2) Section 82-28.1008(1) shall apply to: (a) Manufactured homes to be placed or substantially improved in an expansions to an existing manufactured home park or subdivision; (b) Manufactured homes to be placed or substantially improved outside of a manufactured home park or subdivision; and (c) Manufactured homes to be placed in a manufactured home park or subdivision established on or after the effective date of this ordinance. (3) Section 82-28.1008(1)(a) shall not apply to manufactured homes to be placed or substantially improved in an. existing manufactured home park or subdivision., except. (a) inhere the repair,reconstruction, or improvement of the streets,utilities, and pads equals or exceeds 50 percent of the streets, utilities, and pads before the repair, reconstruction, or improvement is commenced; o.- (b) r(b) The manufactured home has incurred "substantial damage" as a result of a flood. (Orris. 90-118, 88-50, 87-45.) 82-28.1009 STANDARDS FOR RECREATIONAL VEHICLES. (1) All recreational vehicles placed on sites within a Special Flood Hazard Area Gores A1-30, AH, and AE) or the FIRM shall: (a) Be on the site for fewer than 180 consecutive days, or (b) Be fully licensed,insured, and ready for highway use. (A recreational vehicle 18 �f is ready for highway use if it is on its wheels or integral jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (c) Meet the permit requirements of Section 82-28.802 and the elevation and anchoring requirements for manufactured homes in Section. 82-28.1008. 82-28.1010 FI OODWAYS. Within special flood hazard areas established in Section. 82-28.604 are areas designated as fl.00dways. A floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles, and the potential for erosion. Floodways may or may not be specifically designated on the FIRM maps, their existence will be as determined by the Floodplain Administrator. Encroachments, including fill, new construction, substantial improvements, and other development are not allowed in a floodway unless certification by a registered professional engineer is provided demonstrating that the encroachment(s)shall not result in any increase in flood levels during the occurrence of the base flood discharge. Allowed new construction and improvements shall comply with all applicable flood hazard reduction provisions of Article 82-28.:0. (Ords. 90-118, 88-50, 87-45.) 82-28.1012 COASTAL HIGH HAZARD AREAS. Within coastal high hazard areas established in Section 82-x28.604, the following standards shall apply: (1) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor(excluding the pilings or columns)is elevated to or above the base flood elevation plus required freeboard. In the San Francisco Bay Delta Estuarine Legion 0.6 meter(two feet)of freeboard is required. In all other unincorporated areas of the County,0.3 meter(one foot)of freeboard is required. The pile or column foundation, and structure attached and hereto, shall be anchored to resist flotation,collapse,or lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood plus freeboard. Wind loading values used shall be those required by applicable State or local building standards. (2) All new construction shall be located on the landward side of the reach ofrnean high tide. (3) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation, (4) Fill shall not be used for structural support of buildings. (5) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. (6) The Floodplain Administrator shall obtain and maintain the following records: 19 of 3��✓' (a) Certification by a registered engineer or architect that a proposed structure complies with Section 82-28.1012(l). (b) The elevation (in relation to mean sea level) of the bottom of the lowest structurai member of the lowest floor(excluding pilings or columns) of all new and substantially unproved structures; and whether such structures contain a basement. (Ords. 90-118, 88-50, 87-45.) ARTICLE 82-28.12 VARIANCE PROCEDURE 82-28,1.201 `MATURE OF VARIANCES. The variance criteria set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. .A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the County to help protect its citizens from.flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or fforn other requirements in the flood ordinance are quite rare. (The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore,the variance guidelines provided in the ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.) 82628.1202 APPEAL PROCESS (1) The Zoning.Administrator of Contra Costa County shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The Zoning Administrator shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the-enforcement or administration of this ordinance. (3) In passing upon such applications, the Zoning .Administrator shall consider all technical evaluations, all relevant factors, and standards as specified in this ordinance, and all other relevant factors including,but not limited to the following: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage 20 and.the effect of such damage on the owner and future owners of the property and the community; (d) The importance of the services provided by the proposed facility to the community, where applicable; (e) The necessity to the facility of a waterfront location,where applicable; (f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion dam=age; (g) The compatibility of the proposed use with existing and anticipated develop=ment; (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (i) The safety of access to the property in time of flood for ordinary and emergency vehicles; ( ) The expected heights, velocity, duration,rate of rise, and sediment transport of the flood waters expected at the site; and ( ) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (4) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items 82®28.1202(3) factors have been felly considered, As the lot size increases beyond one-half acre, the technical justification required for issuing the variance will increase. (5) Upon consideration of the factors of Section 82-28.1202(3) and the purposes ofthis ordinance, the Zoning Administrator may attach such conditions to the granting of variances as deemed necessary to further the purposes of this ordinance. (6) appeals ftorn Zoning administrator decisions may be made in the time and manner provided in Contra Costa County Ordinance Code Article 26-2.24 to the Planning Commission and Board of Supervisors upon payment of prescribed fees. (7) The Floodplain administrator shall maintain the records of all appeal actions and report any variances granted to the FIA upon request. (t rds. 90-118, 88-50, 87-45.) 82-28,1.204 CONDITIONS FOR VARIANCES (1) Variances may be issued for the reconstruction, rehabilitation, or restoration of 21 "Historic Structures" upon a determination that the proposed restoration or rehabilitation will not preclude the structures continued designation as an historic structure and the minimum necessary variance is to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section. (2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (3) Variances shall only be issued upon a deteranination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expenses or create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (5) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 82-28.1204(1) - (4) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (6) Any applicant to whom a variance is granted shall be given written notice over the signature of the Floodplain Administrator that: (a) The issuance of a variance to construct a structure below the base flood level will result in significantly increased premium rates for rood insurance. Insurance premiums as high as 25 for $100 of insurance coverage are possible and (b) Such construction below the base flood level increases risks to life and. property. It is rewired that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 22 SECTION III. REPEAL. Ordinance 90-118 is hereby repealed because it is replaced by Section 11 of this ordinance. SECTION IV. EFFECTIVE DATE. This ordinance shall beco-me efffective 30 days after passage, and within 15 days of passage, this ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Contra Costa Times, a newspaper o-fgeneral circulation published in this county. PASSED AND ADOPTED ONT by die following vote: AYES: NOES: ABSENT: ABSTAI NT-1: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator. By: Deputy Board Chair RL:mw 8/7/87 6/1/88 1/8/90 /19/90 11/26/90 U30/95 5/20/96 !1/9/98 3/8/99 23 CONTRA COSTA COUNTY BOARD QP SUPERVISORS Adopted this Resolution on August 17, 1999, by the following vote: AYES: SUPERVISORS GIOIA, t;ILKEtMA, GERBME , DE;SAULNIER AND CAXIAMILLA NOES: NGtiE ASSENT: Ni'OiE RESOLUTION NO. 990424 (Government Code § 25350) SUBJECT: Intention to Purchase Real Property For County Affordable Housing Program 10 Conejo Lane, Danville, CA (1596-3540) Danville Area (CR Nes: 99-10) RESOLUTION OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County RESOLVES THAT: It intends to purchase from Christy Mariani, as part of the County's Affordable Housing Program, certain real property described in Exhibit `°A" attached hereto, for 254,335.00 , in accordance with the terms and conditions of the "Buyer's Purchase Agreement for Affordable Units, Somerset Holes Development," recorded on January 26, 1994, by Instrument Number 94-21752 at the Office of the County Recorder. This Board will meet on September 14, 1999, at 9:00 a.m. in the Board's Chambers, County Administration Building, Martinez, California, to consider the consummation of this purchased The Cleric of this Board is DIRECTED to publish the attached notice in the Contra Costa Times pursuant to Government Code Section 5063. The Board hereby FINNS that the proposed acquisition will not have a significant effect on the environment and that it has been determined to be exempt from the California Environmental Quality Act under state CEQA guidelines Section 15061 (b) (3). This Board DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of a $25.00 handling fee to the County Cleric and a $25.00 fee to Community Development for processing of the Notice of Exemption. G\Crp#ata\Zea Prop\1598-Filesl93-8\BRrr:ariar;.doc ! hereby certify that This is a true and correct orifi.Dept.: Public works Depart.(R/P) copy of an action taken and entered on the Contact: Nancy wennlnger(313-2 7) minutes of the Board of Supervisors on the date shown. cc: County Administrator . Auditor-ControllerG s Community Development ATTESTED:� I �'4 r3�� p PHIL BATCHELOR,Clerk of.he Board of Grantor(via R/P) Supervisor rad County Administrator P.W.Accounting (via RIP) By `� d � Deputy RESOLUTION NO. 990 424 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACS" (CEQA) FILE NO.: C4.10(d)(3.2) CR NO.: 99-19 ACTIVITY NAME: Acquisition of real property DATE: August 11, 1999 PREPARED BY: Maureen Toms This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. The activity consists of the acquisition of an affordable housing unit in the Somerset Homes Development, for re-sale purposes, The transfer of property is pursuant to the Buyer's Purchase Agreement and California Government Code Section 25539.4 and is for the purpose of providing affordable housing to persons or families of lover or moderate income. LOCATION: APP 293-959-995 19 ConeJo Lane, Danville CA 94595 Contra Costa County, unincorporated area APPROVED BY: DATE: � ommu jty Development Representative (Form Revised 21 7) Christy Mariani to Contra Costa County APP 203-061-006 EXHIBIT "A" Real property in the unincorporated area of Contra Costa County, State of California, described as follows: Lot 6, as shown on Subdivision 7763, filed June 3, 1993, in Book 366 of Maps at Page 4, Contra Costa County Records. Excepting therefrom: All oil, gas, casinahead gasoline and other hydrocarbon substances of any kind below a point 500 feet below the surface of the lands, together with the right to take, remove, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any rights whatsoever to enter upon the surface of said land or upon any part of said lands within 500 feet from the surface thereof, ASSESSOR'S PARCEL NO, 203-061-006 NW: WPVVS 1 ISHARDA TA 1GrpData',Rea,,Prop1 1999-ResW-81,cordesc.doc August 11, 1999 e6_ PROOF OF PUBLICATION NOTICE OF INTENTION 2 .CaF d) TO CONSIDER PURCHASE � 3 Of:REAL PROPERTY STATS OF CALIFORNIA board t s County of �rar:tra Costa County da- County of Contra Costa o1wea Its Irtantion to cansld- er the u:oh"o fix'}OM* I am a citizen of the united States and a resident of the s 1a,3 o, 3w - County aforesaid; 1 am over the age of eighteen years, and e�at� ��0 not a party to or interested In the above-entitled matter. 03.x+-co,'), more particu- ar y descri ed in Reso:utlon I am the Principal Lsgai Clerk of the Contra Costa Times, a 99/424 of hd0o . on and newspaper of general circulation, printed and published ataptembo' t�, rasa, ;n its 2640 Shadelands give in the City of Walnut Creek, Countyulsa�in�"�ex`t"1�1 ' of Contra Costa,94595. street, Martnex, Ca,Irorr sa,1 to'o.r.al.e,the.coneuehma-j And which newspaper has been adjudged a newspaper of tlon of said purohaae. general circuiation by the Superior Court of the County of IL ft BATCHELOR,of pC oNloors��I Contra Costa, State of California, under the date of October Co6anyAdrn4nlstratax 22,1934.Case Number 19764. BN.loan stWey/323 Dopa Cier Legal OT SeOg The notice, of which the annexal Is a printed copy (set in Publish august 25, Septem- type Not smaller than nonpareii),has been oubiished in each ber 1,s,1999 regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: August 25;,Ser, #,8 all in the year of 1999 i certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this 8 daf Se t)mber, 1399 p g , Signature �/`p"� 7 +` r Contra Costa Times P O Sox 4147 Walnut Creek,CA 94596 (51 C)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published)