HomeMy WebLinkAboutMINUTES - 05201986 - 1.19 ORDINANCE NO. 86-40
AN ORDINANCE ADOPTING FLOOD PLAIN
REGULATIONS FOR WILDCAT AND SAN PABLO
CREEKS IN CONTRA COSTA COUNTY
The Board of Supervisors of Contra Costa County, as the
governing board of the Contra Costa County Flood Control and Water
Conservation District (hereinafter referred to as " the District" ) ,
ordains as follows :
SECTION I . RECITALS AND FINDINGS . This ordinance is made
with reference to the following facts and findings :
A. A certain area of Contra Costa County in the vicinity of
Wildcat and San Pablo Creeks is within the District ' s jurisdiction
and has previously been subject to flooding.
B. A flood control project on Wildcat and San Pablo Creeks
(hereinafter referred to as " the Project" ) was authorized by the
State of California in 1977 , pursuant to Section 12749 of the
Water Code .
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C. The Department of the Army, Sacramento District , Corps of
Engineers (hereinafter referred to as " the Corps" ) has determined
the design flood for the Project and is constructing the Project
on the District ' s behalf , pursuant to the Flood Control Act of
1965 .
D. The District is assisting the Corps in the construction of
the Project and is participating in certain state and federal
cost-sharing programs to finance construction of the Project .
E. The State of California has notified the District that ,
pursuant to Section 8411 of the Water Code , the District is
required to adopt flood plan regulations for the designated flood-
way before the District can receive state financial assistance for
the Project .
F. Designation of a floodway along Wildcat and San Pablo
Creeks , and prohibition of the construction , alteration or moving
of certain buildings or structures within the designated floodway ,
are necessary to prevent loss of life, to prevent economic loss
caused. by flooding and to qualify the District to receive state
financial assistance for the Project .
SECTION II . DEFINITIONS . The definitions of the
Cobey-Alquist Flood Plain Management Act (Water Code 58402 )
and the administrative regulations adopted thereunder (23 Cal .
Adm.Code 201 ) are incorporated in this ordinance by reference .
SECTION III . DESIGNATED FLOODWAY. The area shown as
"Designated Floodway" in District Drawing D-2988 entitled
"Wildcat/San Pablo Creeks Designated Floodway Map," filed in the
office of the Clerk of the Board of Supervisors of Contra Costa
County and hereby incorporated in this ordinance by this
reference , shall constitute a designated floodway .
ORDINANCE NO. 86- 40
SECTION IV. CONSTRUCTION, ALTERATION OR MOVING PROHIBITED.
No building or other structure shall be constructed , altered,
moved within or moved into the designated floodway described in
Section III of this ordinance , unless the Chief Engineer first
determines that such building or structure will not endanger life
or significantly restrict the carrying capacity of the designated
floodway and approves in writing the construction , alteration or
moving of such building or structure . As used in this section , '
the term " structure" does not include public utility electric, gas
or communication lines which may be located within the designated
floodway; provided , that any permit or permits required by law to
so locate such lines have been granted .
SECTION V. VIOLATION. The violation of Section IV of this
ordinance shall be a misdemeanor and subject to all civil ,
equitable , abatement and other remedies provided by law.
SECTION VI . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage , and within 15 days of passage shall be
published once with the names of Supervisors voting for and
against it in the Contra Costa�Times -------, a newspaper
published in this county.
PASSED on M�May�20 ,w1986y_`--M-- by the following vote:
AYES : Supervisors Fanden, Schroder , McPeak, Torlakson & Powers
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
By:_
9 _
LIU---__-�. -----
epy Clerk Board'Chair
[SEAL]
ORDINANCE NO. 86- 40