HomeMy WebLinkAboutMINUTES - 09141999 - SD5 ORDINANCE NO. 99-35
COUNTY OF CONTRA COSTA
FLOODPLATINKMANNAGEMENT 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 Im SUMMARY, This ordinance repeals Ordinance No. 96-1 b and 90118 (Chapter 82-
28 of the County O dinance Code) on Floodplain Management and replaces it with the revised
Floodplain Management Ordinance as Chapter 82-24 of the County Ordinance Code.
CHAPTER 82-25 FLOODPLAIN MANAGEMENT ORDINANCE
ARTICLE 82-28.2 GENERAL
SECTION IIe 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
health, safety and general welfare of the citizens of Contra Costa County and is enacted pursuant to
the authority o--F4/-- United States Code Sections 4001-4128; see especially 42 U.S.C. Section 4022;
GovebMment Code Sections 2512025132; Title 44 ofthe United States Code ofF ederal Regulations
at Section 60.3, (anal "all applicable associated" Technical Bulletins); Health and Safety Code
Section 450; and California Constitution, .Article X1, Section 7 and Government Code Sections
65302, 65560 and 65800. (Orris. 99-35, 96-11, 90-118, 88-509 87-45)
82-25>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 ,gen=eral welfare.
(2) These Mood 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 losses may result when structures are inadequately anchored,
elevated., flood proofed or protected Bron;flood 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 ful ly complies with the recently
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revised rules of the National Flood Insurance Program (N'FIP) administered by the
Federal Emergency Management Agency(FES:)will allow Contra Costa Colunty
to continue its participation in the Na SP. 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 frorr flood events may be substantial and potential flood
damage represents an mediate threat to the public health, safety, and. welfare.
(Orris. 99-35, 96-11, 90-118, 88-50, 87-45e)
82-28.206 STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public
health, 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 arid utilities such as water and gas maims,
electric,telephone, and sewer lines,and streets and bridges located in areas of special
flood hazard:
(6f To help main*ain 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
reduction 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 losses they may suffer; and
(9) To ensure that potential buyers are notified if property is in an area of special flood
hazard. (Orris. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28,2€18 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,
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(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;
(3) Requiring that the design of stsects 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, stream channels, and
hat;ra, protection barriers that help accommodate or channel flood waters;
{5, Controlling filling, grading, dredging, and other development which may increase
flood dam. age;
(v) Preventing or regulating the construction of flood barriers that will urmaturally divert
floodwaters or that may increase flood hazards in other areas,
(7) Requiring orderly development of drainage facilities within watershed areas as
developer^t occurs;
(8) Recognizing the it portance 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 m nirn ized. (Ords. 99-35,
96-11, 90-118, 88-50, 87-45)
ARTICLE 2-28.4 and 28.5 DEFINITIONS
Unless speciikahy defined below, wards or phrases used in this ordinance shall be interpreted so
as to give therm the meaning they have in common usage and to give this ordinance its most
reasonable application.
82-28>4€l2 "Appeal" means a request for a review of the Floodplain Administrator's interpretation
of any provision of this ordinance or decision on a request for a variance, (Ords. 99-35, 96-11, 90-
11-8,
0-
118, 88-50, 87-45)
2®2x44 "Area of slal €w fl€aod€ " means a designated A , 5 , or VO Zone or the blood
Insurance Rate Map (F-THR-v1). The base flood depths range from one to three feet; a clearly defined
Channell does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow
may be evident. (Ords. 99-35, 96-11, 90-118, 88-5€3, 87-45)
2-28,406 "Base flood elevafionjMEE means the elevation above "mean sea level"to which the
base flood will rise as deter fined by FEMA or the Floodplain Administrator. (Ords. 99-35, 96-11,
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9€-1 :8, 88-50, 87-45)
82-28.408 "Baseflood" means a food having a 1% chance of being equaled or exceeded in any
given year(also called the "100-year flood"). (Ords. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28,410 "Basement" :nears any area of the building having its floor subgrade (below ground
level) on all sides. (Cards. 9935, 96-11, 90-118, 88-50, 87-45)
2-28.412 "Breakawva allsg are any type of walls, wvhethe. solid or lattice and whether
constructed of concrete, masonry, wood, metal,plastic, or any other suitable building material that
is not part of the structuiral support of the building and that is designed to break away under
abnormally 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 fled waters. A
brealtawvay wall shall have a safe design loading resistance of not less than ten and no more than
twenty 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 wva?1 collapse shall result from a water lead 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 wvind and water loads acting sirnultaneously in the event of the base flood.
Pros. 99-35, 96411, 90-118, 88-50, 87-45)
82-28.414 ` Bu.ildinz Permit" shall-ream a: Building permit, Plumbing Per_-nit, Electrical Permit,
or Mechanical Permit issued by the Contra Costa County wilding Inspection Department. (Cards.
9935, 96-1 )
82-28.416 `Coastal high hazard area's means an area of special flood hazard extending frorn
offshore to the inland limit of a primary frontal dune along an open coast and any other area subject
to high velocity weave action from storms or seismic sources. It is the area subject to high velocity
seaters, including coastal and tidal inundation or tsunamis, The area.is designated on a FIRM as Zone
VI-V30, VE or V. (Cards, 99--35, 96-11, 90-118, 88-50, 87-45)
82-28.418 "Development" means any man-made charge to improved or unimproved real estate,
iracluding but not limited to buildings or other sLructures,ruining, dredging, filling, grading,paving,
excavation, drilling operations,and storage of equipment or materials. (Cards, 99-35, 96-11, 90-118,
88-50, 87-45)
82-28.420 "Encroachment"mems the advance or infringement of uses, fill, excavation, bu ldings,
permanent structures, or development into a floodplain that may impede or alter the flow capacity
of floodplain. (Ord. 99-35)
82-28.422 "Existing manufactured home park or subdivision"means a manufactured home park
or subdivision for which the construction tail facilities for servicing the lest on which the manufactured
homes are to be affixed including, at a minirnrun,the installation ofutilities, either final site grading
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or the pouring of concrete pads, and the construction of streets are completed on or before the
effective date of this ordinance. (Ords. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28424 ""mansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured bores are to be affixed, including the installation of utilities, either ffnal site grading
or pouring of concrete pads, or the construction of streets. (Orris. 99-35, 96-11, 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
(2) The unusual and rapid accumulation or runoff of surface waters from any source;
and/or
(3) The collapse or subsidence of land 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'nigh 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 evert that results in flooding as defined in this definition, (Ords.
99-35, 96-11, 90-118, 88-50, 87-45)
82-28.428"'Flood Boundary and Floodwgy Map"means the official reap described in section:82-
28.604 on which the FEMA or FIA has delineated bogs the areas of flood hazard and the floodway.
(0rds. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.430 "Flood Insurance hate Map IM" reams the official snap described in Section 82-
28.604 on which the FEMA or FIA has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community. (Orris. 99-35, 96-11, 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 I IRIM,the Flood Boundary and Floodway Map,
and in some areas, the base flood eievation, (Ords. 99-35, 96-11, 90-118, 88-50, 8745)
82-28434 "Floodplain or flood-prone area" means any land area susceptible to being inundated
by water from any source (See definition of"food orflooding"). (Ords. 99-35, 96-11, 90-118, 88-50,
87-45)
82-28&436 "Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations. (Ords. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.438 LF'loodpiain_I' anagement" rneanss the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
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natural resources in the floodplain, including but not limited to emergency preparedness plans,flood
control work, and floodplain management regulations. (Ords. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.440-Moodlain anet regulations" means zoning ordinances, subdivision
regulations, buiiding codes, health regulations, special purpose ordinances (sacra as floodplain
ord nance, grading ordinance, and erosion control regulations), and other applications of the ponce
power that control development in 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. 99-35, 96-11, 90-1-111.8, 88-50, 87-45)
82-28°442 "Floodplain permit" means a permit required of all development which occurs in any
area designated by FEMA as a SFIHIA and as required by the Floodplain Adrninis' ator. (Ords. 99-35,
96-11, 90-118, 88-50, 87-45)
82-28.444 "FloodMroofing" mems any combination of structural and nonstructural additions,
changes, or adustrents to non-residential structures that eliminate flood damage to real estate or
improved real property, water and sanitary facilities, and non-residential structures and their
contends. (Ords. 99-35, 96-11, 90-i 18, 88-50, 87-45)
82-28.446�"F odway" 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
FIRMIS and/or as designated by the Floodplain Administrator whether or not a Floodplain is shown
on the FII . . Also referred to as"regulatory floodwvay." (Ordsf 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.448 "Flood resistant" means any combination of structural grid nonstrUct,.aral additions,
changes, or adjustments to structures that reduces flood damage, generally allowing flood waters to
enter and exit the building wit out causing any significant damage to the structures or their contents.
(Orris. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.450 `Flood resistant€ aterials" means ariy building material capable of withstanding direct
and prolonged (at :east 72 hours) contact with flood waters without sustaining significant da.nage
(any damage requiring more than love-cost cosi etics repair-such as painting). Acceptable materials
are specified it"Technical Bulletins"and/or as approved by the Floodplain Administrator. (Ord, 99-
35)
82-28.452 "Flood-related erosion" means the collapse or subsidence of lard along the shore of a
lake or other body of wader 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 star , or by an unanticipated force of nature, such as a flash
flood or an abnorr al tidal surge, or by some similarly unusual and unforeseeable event which results
in flooding. (Ord. 99-35)
82-28.454"Flood-related erosion area" or"Flood-related erosion prone area"means a land area
adjoining the shore of lake or other body of water,which due to the composition of the shoreline
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or bank and high water levels or wind-driven currents, is likely to suffer fled-related erosion
damage. (Ord. 99-35)
82-28456 "Flood-related erosion area anaggMent" 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. (Ord. 99-35)
82-28.458 " Ioocl means that area of the floodplain on either side of the `°regulatory
I loodway°' where encroachment may be permitted. ( 3rd. 99-35)
82-28.46€ "Fraud and victimization" as related to Section 6, Variances, of this ordinance, means
that the variance granted must not cause gaud 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 past of the community for fifty to one-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 brim. In addition, fature owners may purchase the property,unaware
that it is subdect to potential flood damage, and can be insured only at very high flood insurance
rates. (Ord. 99-35)
82-28.462 "Freeboard"d" 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 actors 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. 9935, 96-1 i, 90-118, 88-50, 87-45)
82-28.464 "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 terra 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. 99-35, 96-11, 90-118, 88-513, 87-45)
82-28.466 "Governing y" 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. (Ord. 99-35)
82-28.468 "Hardship," 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
-requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere
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, qualify as an exceptional hardship. All of these problems can be resolved. -trough other
means without granting a variance, even if the alternative is more expensive,or requires the property
owner to build elsewvhere or put the parcel to a different use than originally intended, (Orris. 99-35,
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96-11, 90-118, 88-50, 87-45)
82-28.470 "Highest adjace. ent.gado" means the highest natural (i.e. undisturbed) elevation of the
ground surface prior to construction next to the proposed walls of a structure. (Ords. 99-35, 96-11,
90-118, 88-50, 87-45)
82-28,472 "Historic Structure" means any structure Haat is:
(1) Listed individually in the National Register of Historic places or preliminarily
determined by the Secretary of the Interior as meeti?'ag the requirements for individual•
listing in the'National 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
deterrnined 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 oflnterior; or
(4) Individually listed.on a local inventory of historic places in coa�amunities with historic
preservation programs that have been certified either by an approved state program
as cletem. ined by the Secretary of the Interior or directly by the secretary of the
Interior in states with approved programs. (Ords. 99-35,96-11,910-118, 88-50, 87-45)
82-28°474 "Lowestfloor" arrears the lowest floor of the lowest enclosed area; including basement.
An unfinished or flood resistant enclosure,usable stalely bar 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. emote: 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. 99-35, 96-11, 90-i 18, 88-50, 87-45)
82-28.476 "Manufactured home" ;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
connected to the required utilities. For floodplain management purposes the term "manufactured
home" also includes park trailers,travel trailers and other similar vehicles placed on a site for greater
than 180 consecutive days and neither continuously licensed nor `road ready." (Ords. 9935, 96-11,
90-118, 88Y350, 87x45)
82.28478 "Manufactured ufactured home park or subdivision" means a parcel (or contiguous parcels) of
lard divided into two or more manufactured home lots for sale or rent. (Orris. 99-35, 96-11, 90-118,
88-50, 87-45)
82.28-479 "Market 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 stricture was constructed. The cost of replacement of the structure shall be based on a square foot
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cost factor deter rmned 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 condition but shall not include economic or other forms of external obsolescence. Use
Of replace casts 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.
(Ord. 99-3 5;
2-28.480 "Mean sea level" mneans, for purposes of the'NIP,the'll-National Geodetic Vertical Datum
(NUVD) of 1929 or other datum,to which base flood elevations shown on a comnmunity's FIRM are
referenced. (Orris. 9935, 96-11, 90-118, 88-50, 87-45)
828280482 "New construction" for floodplain management purposes, means structures r which
the ''star.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. (Orris. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.484 "Obstruction" includes, but is not limited to, any dam,gall, wharf, embankment, levee,
dice, pile, abutment,protection, excavation, channelization,bridge,conduit, culvert,building, wire,
fence, rock, gravel, refase, 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
flour of water, or due to its location., its propensity to snare or collect debris carried by the flow of
gates, or its likelihood ofbeing carried do stream. (Ords. 99-35, 96-11, 90-118, 88-50, 87-45)
82.28.486 `One hundred year food" or"100 wearflood" means a flood which has a,one percent
a uncal probability of being equaled or exceeded. (Also called the "vase flood,") (Ords. 99-35, 96-11,
90-118, 88-50, 87-45)
82-28,488 "Person" means an individual or his agent, firm.,partnership, association or corporation,
or any agement of the aforementioned groups, or this state or its agencies or political subdivisions.
(Ords. 99-35, 96-11, 90-1118, 88-50, 87-45)
82-28>490 "Public safer 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 corim pity 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. (Ord. 99-35)
82-28.492 "Reconstruction"nstr°uction" mneans to perform major construction or modifications to an existing
structure, that makes the existing structure like or better than new. Reconstruction does not cove.-
norm, a.
overnorma.or routine maintenance unless otherwise specified in Section 82-28.472. (Ord. 99-35,9611)
82-28,494 "Recreational Vebicle" mr eans a vehicle that is:
(i) Built on a single chassis;
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(2) 400 square feet or less when measured at the largest horizontal prq ectiong
(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, (Ord. 99-35)
82-28,496 " e ulat€rygodwgy! means the channel of a river or other watercourse and the
adjacent land areas that must ve reserved in order to discharge the base Beed without cum. ulatively
increasing the water surface elevation-Yiore than 0.30 meter(one-foot). (Ord. 99-35)
82-28.498 "Remedy a violation"means to bring the structure or other development into compliance
with state or local floodp ain management regulations, or, if,this is rot possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure
or other affected development from Blood damages,impleiiienting 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. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.500 " iverine39 means relating to, formed by, or resembling a river (including tributaries),
strew., brook, etc. (Ords. 99-35, 96-11, 9€1-118, 88-50, 87-45)
82-28.5€2 "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach. (Orris. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.504 "Special flood hazard area€SFHAl"means an area having special Mood or flood-related.
erosion hazards,and shown can FTIR—/1 as Zone A,AO,Al-30,A99,AH,VO,VI-30 or V. (Ords. 99-
35, 96611, 90-118, 88-50, 87-45)
82.28 Sob "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 181 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 of piles,the construction ofcoluinns, or any work beyond the stage
of excavation, or the placement of a manufactured home on a foundation. Permanent construction
does not include lard preparation, such as clearing, grading and filling, the installation of streets
and/or walkways,excavation for a basement, or foundations, or the erection of tempora;%fours,the
footings, piers, or installation on the property of accessory buildings, such as garages or sheds rot
occupied as dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction rmeans the first alteration of any wall, ceiling, floor or other structural part
of a building, whether or not that a:teration affects the external dimensions of the building. (Ords.
99-35, 96-11, 90-118, 88-50, 87-45)
82-28.508 "Structure"rnbears a walled and roofed building,or manufact zed home, including a gas
or liquid storage tank, that is principally above ground. (Ords. 99-35, 96-11, 90-118, 88-50, 87-45)
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82-28.510 "Substantial damage" means 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 occlarred. (Ord. 99-35)
82-28.512 "Substantial improvement"e€t" means any reconstruction, retia pili-edon, 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 cons action"ofthe 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
wizen the first alteration of any wall, ceiling, floor, or other structural part of the building;
continences,whether or not that alteration affects the external dimensions of the structure. The terra
does not, however, include either:
(1) Any project for improvement of structure to comply (riot required because of flood
damage) with existing; state or local health, sanitary, or safety code speci.1cations
which are the minimum necessary to assure safe living conditions; or
(2) any alteration of an"Historic Structure,"provide that the alteration,wi l not preclude
the structures continued designation as an "historic structure." (Ords. 99-35, 96-111,
90-118, 88-50, 87-45)
82-28.514"Technical Bulletin"rneans Bulletins developed by the Federal Emergency Management
Agency (FEMA), the California Department of Water Resources (Cry DW ), or the Floodplain
Adrninistrator. These Bulletins clarify specific requirements of Federal, State.or local laws pertaining
to Floodplain Management. (Ord. 9935)
82-28.516 "Variance"means a grant ofrelieffrom the requirements ofthis ordinance which pennits
construction in a manner that would otherwise be prohibited by this ordinance, (See "Hardship")
(Ords. 99-35, 96-11, 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. 99-35, 106-11, 90-1.18, 88-50, 87-
45)
82¢28.52€1 "Water surface elevation" means the height, in relation to the rational Geodetic
Vertical Datura (NGVD)of 1929, (or other datura, where specified)of floods of various magnitudes
and frequencies in the floodplairs of coastal or riverine areas. (Ord. 99-35)
82-28°522 "Watercourse" means a lake, raver, creek, strew., wash, arroyo, charnel or other
topographic feature on or over which waters fdow at least periodically. Waterco:xrse includes
specifically designated areas in which substantial flood damage may occur. (Ord. 99-35)
1
ARTICLE 82-28.6 GENERAL PROVISIONS
82-28.602 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to
all meas of special flood hazards within the jurisdiction sof Contra Costa County, as shown on the
maps described in Section 82-28.604. (Ords. 99-35, 96-11, 90-118, 8850, 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 'uly 16, 1987, with accompanying z 11UM and Flood Boundary and F oodway Ma, of same
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
maps 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 tris 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. 99-35, 96-11, 90-118, 8850, 87-45)
82-28.606 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended,
converted.,or altered without Pall 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 251132. ?nothing herein shall prevent the Contra Costa County Board of
Supervisors from:along such la fiul action as is necessary to prevent or remedy any violation. (Ords.
99-35, 96-i 1, 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, covena=nts, or deed restrictions. However,
where this ordinance and another ordinance, casement, covenant, or deed restriction conflict or
over`ap, whichever imposes the more stringent restrictions shall prevail. (Ards. 99-35, 96-11, 90m
118, 88-50, 87-45)
82-28.610 INTERPRETATION. In the interpretation and application of this ordinance, all
provisions snail be;
(1) Considered as minibnum requirements;
(2) Liberally construed in favor o=the County; and,
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
10rds. 99-35, 96-11, 90-118, 88-50, 87-45)
12
82-28.6I2 WARNING AND DISCLAIMER OF LIABILITY. The deg cc sof flood protection
required by this ordinance is considered reasonable for-regulatory pu.,oses and is based on scientific
and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural caries. This ordinance docs 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. 'ibis ordinance sisal) not create liability on the part of the County, or any officer or
employee thereof, or the FIS., for any food damages that result from reliance on this ordinance or
any administrative decision made thereunder. (Ords. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.614 SEVERABILITY. This ordinance and the various parts thereof are hereby declared to
be severable. Should any section of this ordinance be 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 ether than the section so declared to be unconstitutional or invalid. (0rds. 99-359 96-11, 90-
118, 88-50, 87-45)
ARTICLE 82-28,8 ADMINISTRATION
82-28.802 ESTABLISHMENT OF FLOODPLAIN PERUMIT. A Flood,Ilain Permit shall be
obtained frorn the Contra Costa County Public Works Department before construction, and prior to
iss�ancd,of a Grading Permit or Building Permit, car cornrnencernent of dcveloprnent on any property
within any area of special flood hazards established in Section 82-28.604. Application for a
Floodplain Permit shall be made 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 shoving the nature, location, dimensions, and elevation of the area in
question, and the l®cation of existing or proposed structures, ale, storage of materials, drainage
facilities, or other development defined in this ordinance. Specifically,the following inforrnation is
required:
uired
(1) Proposed elevation, in relation to mean sea level, of the lowest moor (including
basement)of all structures. In.done AO or SIO, elevation of highest adjacent grade,
and proposed elevation of lowest floor of all structures;
(2) Proposed elevation, in relation to mean sea level, to which any structure will he
floodproofed�
(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.
(5) Description of the extent to which grading is proposed within the SFHA. (Ords. 99-
35, 96-11, 9€1-118, 88-50, 87-45)
13
82-28.803 DEVELOPMENT PERMIT APPLICATION. Prior to a Variance Permit, Land Use
Permit., Development Flan Ferret or "tentative Map application beim deemed complete on< any
property within a�°y area of Special Flood hazards established it Section 82-28.64, an applicant
must provide ver i ,cation from the Floodplain administrator that the req€�ired Flood Zone,BFE and
minimum finished floor elevation has been determined. (Ord. 99-35, 96-11)
82-28.804 DESIGNATION OF THE FLOODPLAIN A D INISTRAT R. The Public Works
Director of Contra Costa County small 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. 99-35, 96-11,
90-118, 88-50, 87-45)
82-28.806 DUTIES ANND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
the duties and responsibilities of the Floodplain Administrator shall include,but not be limited to,
the followrin2:
(1) Review Permits
(a) review all Floodplain Per nits to determine that the per rnit requirements of
this ordinance have been satis`ied;
(b) Review written statements required to be submitted by each applicant that all
ether required State 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
been 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
Section 82-28.10. Generally speaking, consisting of more than 10 new insurable
structures will be required to determine the base flood 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
14
is to be altered or relocated, the Floodplain Administrator shall notify the Contra
Costa County Flood Control and`mater 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 FSA, 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
f�oodproofing of nonresidential structures);
(d) The certification required in Section 82-28.1002(3) (d) (i) or 82-28,1003(3)
(d) (ii) (wet floodproofrng standard);
(e) T"he certification of elevation required in Section 82-28.1006(2) (subdivision
standards);
(f) The certification required in. Section 82-2-8.14-28.1010(1) (floodway
encroachments); 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 person contesting the location
of the boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in Section 82-28.12.
(6) Remedy Violations. The Floodplain Administrator may tape appropriate- action to
remedy violations of this ordinance as specified in Section 82-28.606, with the
assistance of the Code Enforcement Officer. (Ords. 99-35, 96-11, 90-118, 88-50, 87-
45)
82-28.808 "Appeals" 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. (ford. 99-35)
15
ARTICLE 2®28.10 PROVISIONS FOR "LOOD HAZARD REDUCTION
82-28J002 STANDARDS OF CONSTRUCTION. In all areas of special flood hazards, the
following standards are required:
( ) Anchoring.
(a) All new construction and substantial improvernerits shall be anchored to
prevent flotation, collapse,or lateral movement of the stricture resulting frorn
hydrodyharnic and hydrostatic loads, including the effects of buoyancy.
(b) All manufactured homes shall meet ,he anchoring standards of Section 82-
28.1008.
(2) Construction Materials and Methods.
(a) All new construction and substantial irnprover-merits shall be constructed with
materials and utility equipment resistant to flood damage.
(b) All new construction and substantial irnprovernents shall be constructed using
methods and practices that minim. ize flood damage.
(c) All new construction and substantial improvements shall be constricted with
electrical,heating,ventilation,plumbing, and air conditioning equipment and
other service facilities that are desined and/or located so as to prevent water
from entering or accumulating within the corhponents during conditions of
flooding.
(d) in Zones AH, AO or VO, adequate drainage paths around structures. mo
guide floodwaters around and away from proposed structufes shall be
constructed.
(3) Elevation and Floodproofing
(a) mew construedon and substantial improvernent ofany 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-
28.3111.002(3)
2m28.3.0 52(3) (c), Upon the completions of the substructure but prior to
completions of the structure, the elevation of the loosest floor, including
basement, shall be certified by a registered professional engineer or surveyor,
or verified by the building inspector to be properly elevated. Such
16
certification or verification shall be provided to the Flood,plaai.n Administrator.
(b) New construction and substantial improvement of any structur.e 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 nurnber specified in
meters Meet, on the FIRIM plus required freeboard, or at least 0.61 meters
(two Feet) if no depth number is specified. In the San Francisco Bay Delta
Estuarine lRegion, 0.61 ureters (two feet)of freeboard is required. 1r.all other
unincomorated areas of the County, 0.30 ureters (one-foot) of freeboard is
required. 'Nonresidential structures may meet the standards in Section 82-
28. 0-28.1002(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 engineer 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 flour is 2 ureters(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),. Tris restriction
will limit the area below the lowest floor to be used only or 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 82-2861002 (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 irr permeable to the
passage of water,
(ii) Have structural components capable of resisting hydrostatic and
hydrodynarnic loads and effects of buoyancy, and
(iii) Be certified by a registered professional engineer or architect that the
standards of this subsection are satin led. Such certification shall be
provided to the Floodplain Administrator.
-or-
(i v
oro(iv The Floodplain Administrator may allow the nor residential structure
to be tirade" ood resistant."Flood resistant structures shall comply
with. section 82-28.1002. (3)(e).
(e) For all new construction and substantial irnprovernents,with fully enclosed
areas below the lowest floor,(excluding basernents)that are usable solely for
parking of vehicles, building access or storage, and are subject to flooding,
17
shall be designed to automatically equalize hydrostatic flood forees on
exterior walls by a lowving for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following rminirnurn criteria;
(i) Have a niiriirrium of tw o 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 rnetWr (one foot)
above grade. (Openings may be equipped with screens, lowers,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters).
(4) Manufactured horses shall also meet the standards in Section 82-28.1008. (Ords. 99-
35, 96-11, 50-118, 84-50, 87-45)
82-28.1004 STANDARDS FOR UTILITIES.
(1) All new and replacement water supply and sanitary sewage systears shall be designed
to minimize or eliminate infiltration of food waters into the system and discharge
f om the system into flood waters.
(2) Cin-site waste disposal systems shall be located to avoid impairment to them 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 therm or
contamination of therm during flooding. (Ords. 99-35,96-11, 90-118, 88-50, 87-45)
82-28.1006 STANDARDS FOR SUBDIVISIONS.
(1) All applications for tentative asap 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 elevationn 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 Adninistrator.
(3) All subdivision proposals dial' be consistent with the reed to minimize flood
damage.
(4) All subdivision proposals s hall have public utilities and facilities such as road, sewer,
gas, electrical, and water systems located and constructed to minimi.ze flood damage.
18
(5) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Orris. 99-35, 96-11, 90-118, 8-50, 7-45)
82-28.1008 STANDARDS FORA UFA ` URED HOMES.
(1) All manufactured homes to be placed or substantial y unproved within S.ecia Flood
Hazard Areas(Zones A.1-30, and All), as shown orb the study arid, maps descnbed 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 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.
(b) Be seciurelly 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(l) shall apply to:
(a) Manufactured homes to be placed or substantially unproved in an expansion
to an existing manufactured home park or subdivision:;
(b) Manufactured homes to be placed or substantially improved outside of a
rnanufactured 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 82928.1008(l)(a) shall not apply to manufactured homes to be placed. or
substantially improved in = existing manufactured hotne park or subdivision.,
except:
(a) Where 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',; or
(b) The manufactured home has incurred "substantial damage" as a result of a
flood. (Ord.s. 99-35, 96-11, 90-118, 88-50, 87-45)
82-28.1009 STANDARDS FOR RECREATIONAL VEHICLES.
(1) Ail recreational vehicles placed on sites within:a Special Flood Hazard Area,(Zones
AI-30, Ali, and AF,) on the FIRM shall:
19
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be filly licensed, insured,and ready for highway use. (A.recreational vehicle
is ready for highway use if it is on its wheels or integral jading 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,
(Ords. 99-35, 96-11)
82-28.1010 F l.,€ ODWAYS. Withm special flood hazard areas established in Section 82-28.604
are areas designated as floodways. 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 rofbssional 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 82-28.10. (Ords. 99-35, 96-111, 90-118, 88-50, 87-45)
82-28.1012 COASTAL HIGH HAZARD AREAS. `within coastal high hazard areas established
in Section 82-28.604, 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 colU=. s so that
the lowest horizontal portion ofthe structural members ofthe lowest floor(excluding
the pilings or columns) is elevated to or above the base flood elevation plus req;zired
freeboard. In the San Francisco Bay Delta Estuarine Region 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 wird and water loads acting simultaneously or all building
components. dater 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
lovrest floor free of obstructions or constructed with breaka-,,aay walls. Such
temporarily enclosed space shall not be used for hultnan habitation.
(4) 1 ill shall not be used for structural support ofbuildings.
20
(5) Man-made alteration of sand dunes which would increase potential flood damage is
prohibited.
(6) The Floodplain Administrator shah obtain and maintain the following records.
(a.) Certification by a registered engineer or architect that a proposed structure
complies with Section 82-28.1012(1).
(b) The elevation (in relation to :jean sea level) of the bottom of the lowest
structura' member of the lowest floor(excluding pilings or c old-nnns) of all
new and substantially improved structures; and whether such strictures
contain a basement. (Ords. 99-35, 96-11, 90-118, 88450, 87-45)
ARTICLE 82-28.12 VARIANCE PROCEDURE
82-28.1201 NATURE OF VARIANCES. The variance criteria, set forth in this article are based
on the genera.: 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 riot be shared by adjacent parcels. T"he unique characteristic must pertx.n 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 tneed 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 from other requirements in the flood ordinance are quite rare.
(The long terrai goal of preventing and reducing flood ices and darnsagI 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 diose situations in which alternatives other than a variance are
more appropriate). (Ords. 99-35, 96-11)
82=-28.1202 APPEAL PROCESS
(1) The Zoning Administrator of Contra Costa County shall bear 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
21
ordinance, and all other relevant factors including, but not limited to the following:
(a) The danger that materials may be swept onto other lar=ds to the injury of
of
(b) The danger to life and property due to flooding or ero=sion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage
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 f ooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated
development;
(h) The relationship of the proposed use to the comprehensive pian and
floodplain managernent program for that area;
(i) ';he 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
(k) The costs of providing governmental services during and after flood
conditions, including maintenatnce 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 neva construction and substantial
irnprovernents to be erected on a lot of or=e-half acre or less m size contiguous to and
surrounded by gots with existing structures constructed below the base food level,
provided items 82-28.I202(3) factors have been fully 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 of this
ordinance, the Zoning Administrator may attach such conditions to the granting of
variances as deemed necessary to further the purposes of this ordinance.
22
(6) Appeals from Zoning Administrator decisions may be made in the time and manner
provided in Contra Costa County Ordinance Code .Article 26-2.24 to the Manning
Commission and Board of Super visors;upon payment of prescr€bed.fees.
(7) The Floodplain Administrator shall maintain the records of all appeal actions and
report any variances granted to the FIA upon request. (Ords. 99-35, 96-11, 90-118,
88-50, 87-45)
82-28.1204 CONDITIONS FOR VARIANCE
�b
Variances may be issued for the reconstruction, rehabilitation, or restoration of
"Historic Strxctu es" upon a determination that the proposed restoration or
rehabilitation will riot preclude the structures continued designation as an historic
structiue and the rminimunn necessary variance is to preserve the historic character
and design of the stricture without regard to the procedures set fortin in the remainder
of dzis section.
(2) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base food discharge would result.
(3) Variances shall only be issued upon a detennianation*at the variance is fne rninimum
necessary, considering the flood hazard,to afford relief.
(4) Variances shall only be issued upon:
(a) A showing of good and suftkient cause;
(s ) A determination that failure to grant the variance would result in exceptional
hardship to the applicants 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
expense, or create nuisances, cause fraud on or victimization of the public,
or conflict with existing local lags or ordinances.
(5) Variances may be issued for new construction and substantial irnproverneits and for
other development necessary for the conduct of a functionally dependent use
provided that the provisions of Section 82-28.1234(1)- (4) are satisfied and that,the
structure or other development is protested by methods that minimize flood damages
during the base good 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) TI he issxuance of a variance to construct a structure below the base flood level
veil'. result in significantly increased premium rates for food insurance.
23
Insurance premiums as high as 25 for S100 of insurance coverage are
possible and
(b) Such construction below the base flood levei increases rises to life and
property. It is required that a copy of the notice shall be recorded by the
Flood lain Administrator in the Office of the County Recorder and shall be
recorded in a manner so that it appears in the chair of title of the affected
parcel of land. (Ords, 99-35, 96-11, 90-118, 88-50, 87-45)
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SECTION 111. REPEAL. Ordinance 96-11 is hereby repealed because it is replaced by Section
11 of this ordinance.
SECTION TV, EFFECTIVE DATE. This ordinance shall become effective 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 T imes,a newspaper of general circulation
published in this county.
PASSED AND ADOPTED ONT September 14, 1999 by the following vote:
AYES: Supervisors Gioia, Uilke€na, Gerber, DeSaulnier and Canciar ilia
NOES: None
ABSENT: None
ABS'.AIN: Nene
ATTEST. PHIL BATCHELOR, Clerk of"
the Board of Supervisors and County
Administrator.
BY: puty
card (Chair
C:\CrpData\L,gSvc\P.IC�f\F:oodp;ain Manager ent\FP ORS 99.cac
8/7/87
10/11,2/87
6/1/88
i?/8/90
t;i 19190
/2b/90
1;/30/95
5/20/95
Ii/9/98
3/8/99
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