HomeMy WebLinkAbout35341
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Ordinance No . 3534
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE V, ENTITLED
"SPECIAL PERMIT ZONE II LEVEE AND BUILDING REGULATIONS" TO CHAPTER 2b,
ENTITLED "BUILDINGS", OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State of
California, ordains as follows:
Section 1. Article V added to Chapter 26 0~ the Butte County Code.
Article V is added to Chapter 26 of the Butte Couza.ty Cade to read as
follows:
"Article V. Special Permit Zone I~ Levee and Building
Regulations.
Section 26-4Q. Purpose. The purpose of this Article is to enact
regulations to help prevent substantial obstruction to or
adverse effect on flood flows within. Special Permit Zone II and
to protect persons and property within said Zone, all in
accordance with that certain Memorandum of Agreement entered
into as of November 17, 1995, between the County of Butte and
The Reclamation Board.
Section 26-41. Definitions. Far the purposes of this Article,
the following words and phrases shall have the meanings
respectively ascribed to them by this section:
(a) Board of Supervisors. Board of Supervisors of the County of
Butte.
(b) Building. Any structure used or intended for supporting or
sheltering any use or occupancy, including but not limited to
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agricultural buildings.
(c) Clerk. The Clerk of the Board of Supervisors of the County
of Butte.
(d) Director of Public Works. The Director of Public Works of
the County of Butte.
{e) Encroachment. Any obstruction or physical intrusion by a
levee or building.
(f) Flood plain elevation. The profile designated at "Water
Surface 1958 Flood" on the map entitled "Profiles for Flood
plain Regulation," dated March 1,1960 as prepared by the
U.S. Army, Corps of Engineers and on file with the Director
of Public Works, County of Butte.
(g} Floodway. The channel of any stream and that portion of the
adjoining floodplain reasonably required to provide for the
passage of a design flood within Special Permit zone TT.
"Floodway" shall not be construed to be as defined and regulated
by Federal Emergency Management Agency.
(h) Levee. A man-made embankment, dike or ridge constructed so
as to prevent flooding, to divert floodwaters, or to confine an
area to be irrigated. °Levee" excludes all of the following:
(1) building pads of any height;
(2} crop checks, ditch banks or ditch pads, that are
less than three feet in height above natural ground;
and
(3) private road fills or embankments, including
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driveways, that meet all of the following conditions:
[A] are less than one-quarter mile in length;
[B] are less than three feet in height above natural
ground; and
[C] do not impede the flow of the natural water course
or constructed overflow channel associated with a
natural water course.
(I) Levee repaia~. Maintenance work to restore a levee to
dimensions not exceeding its original width and elevation and
not changing .its location.
(j} Natural ground. The prevailing elevation of the surrounding
or adjacent upstream ground:
(k) Reclamation Board. The State of California Reclamation
Board.
(1) Reconstruction. Any work to raise, enlarge, or modify a
levee, except work during a period of emergency as declared by
the Director of Emergency Services or the Board of Supervisors
of the County of Butte, or by the Governor of the State of
California, where there is imminent danger of injury to persons
or property, to prevent damage to or destruction of a levee or
to repair damage thereto and restore it to the same width,
elevation and location as existed prior to the damage.
(m} Special Permit Zone II. All that unincorporated area lying
within the boundaries of Zone No. TT as shown on that certain
map entitled "Floodway Limits for Flood Plain Regulations,"
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dated March 1, 1960 as prepared by the U.S. Army, Corps of
Engineers and an. file with the Director of Public Works, County
of Butte. Said map is incorporated herein by reference and is~
made a part hereof.
Section 26-42. Permit Recrxired. A permit is required for the
placement, construction, reconstruction, or removal of any
building or levee in Special Permit Zone II. No County permit
shall be required pursuant to this Article pertaining to any
levee over which The Reclamation. Board has retained jurisdiction
ar pertaining to a levee repair, as defined in Section 26-41.
An application for a levee permit shall be subject to review)
pursuant to the California Environmental Quality Act.
Section 26-43. Fees. Permit fees shall be payable for building
and levee permits as specified for building permits in Sections
3-40, 3-40.5 and 3-41, including but not limited to 3-41(m), of
Chapter 3 of this Code. In addition, for permits pertaining to
levees, fees shall be payable far site improvement construction
plan checking and inspection, as specified in Section 3-81,
subsections {c)(7} and {c)(8}, and far environmental review in
the amounts specified in. Section 3-43, subsections (16} and
(38) .
Section 26-44. Review of Permit Applications.
(a) Levee Permits. An application for a levee permit pursuant
to this Article shall be submitted to the Department of Public
Works, together with: four {4}
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complete copies; a list of the names and addresses of the owners
of properties within two thousand (2,000) feet of the boundaries
of the property on which the project is proposed, and the
Assessor Parcel numbers for such properties; an engineered
analysis of the hydraulic impacts of the proposed project; and
all other required information and fees, in accordance with they,
procedures and requirements of this Chapter, including Article
IV. Applications shall be referred to the Department of Public.
Works for review and comment and determination of the amount of
the site improvement construction plan checking and inspection
fees required.
{b) Building Permits. An application for a building permit
pursuant to this Article sha11 be submitted to the Building
Division of the Department of Development Services, together
with four (4} complete copies, and all other. required
information and fees, in accordance with the procedures and
requirements of this Chapter, including Article IV.
{c) Forwarding of Applications to The State Reclamation Board.
A11 complete applications will be forwarded via facsimile
(except plans) and first class mail (including plans) to The
Reclamation Board staff no more than ten (10} days after
receipt. Nat less than ten (10) days prior to issuance of a
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building permit and nat less than thirty (30) days prior to
issuance of a levee permit, County staff reports and, as to any
application for a levee permit, documents prepared pursuant to
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the California Environmental Quality Act, shall be forwarded via
first class mail to The Reclamation Board for review and
comment. Prior to issuance of any permit pursuant to this
Article the County must consider in good faith any and all
comments received from The Reclamation Board staff.
Section 26-45. Cariteria for Grant or Denial of Permits.
(a) General. No permit shall be granted which may cause
substantial obstruction to or adverse effect on flood flows.
(b) Buildings. Permits for buildings shall be subject to the
requirements of Article IV of this Chapter.
(~} Lev'ees. Levees constructed, reconstructed, raised,
enlarged, or modified after the effective date of this Article
shall, as a minimum, be designed and constructed in accordance
with accepted engineering practices, as supplemented with the
requirements of Article IV of this Chapter and the following
standards:
{1) Levee construction or reconstruction sha11 be designed by a
civil engineer.
{2) An engineering analysis that evaluates levee embankment and',
foundation stability sha11 be submitted with the permit
application. The analysis must verify that the levee is
adequately designed and will be constructed to remain stable
under loading conditions.
{3) A detailed settlement analysis must be submitted.
{4) A copy of all geotechnical studies anal tests used in the
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design determination of the levee shall be provided when
applying for a permit.
(5} All drains and abandoned conduits shall be removed from the
proposed construction site prior to the start of construction.
(5} Prior to construction or enlargement of the embankment, all
holes, depressions, and ditches in the foundation area shall be
backfilled and compacted to a density equal to that of the
adjacent undisturbed material.
(7} Prior to construction or enlargement of the embankment, all
surface vegetation shall be removed from the area to receive
fill to a depth of six (6) inches. Organic soil and roots one
and one-half (7.-1/2} inches in diameter or larger, shall. be
removed from the area to receive fill to a depth of three (3)
feet.
(8} An inspection trench shall be excavated to a minimum depth
of six (6} feet beneath levees being constructed or
reconstructed to a height of six (6} feet or greater. If
necessary to ensure a satisfactory foundation, the depth of the
inspection trench may be required to exceed six (6) feet.
(A) The minimum depth of an inspection trench excavated beneath
levees to be constructed or reconstructed less than six (6} feet
in height must be equal to the height of the design water
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surface above natural ground adjacent to the levee.
(B) The inspection trench must have a minimum bottom width of
twelve (12} feet, and the side slopes must be one (1} foot
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horizontal to four (~) feet vertical, or flatter.
(C) The centerline of the inspection trench shall be located
approximately under the outer edge of the shoulder of the
waterside levee crown.
(9) When subsurface explorations disclose a pervious substratum
underlying a levee to be constructed or reconstructed, a cutoff
trench must be excavated to an impervious stratum, where
practical.
(10) Cut off trenches sha11 have a minimum bottom width of
twelve (12) feet and the side slopes shall be one (1) foot
horizo~rztal to four (4) feet vertical, or flatter.
{11} Impervious material, with twenty (20} percent or mare of
its passing the No. 200 sieve, and having a plasticity index of
eight (8) or more, and having liquid limit of less than fifty
(50), must be used for construction of new levees and the
reconstruction of existing levees. Special construction details
(e.g., 4:1 slopes) may be substituted where these soil
properties are not readily attainable. Where the design of a new
levee structure utilizes zones of various materials or soil
types, the requirements of this subdivision do not apply.
{12) Fill material must be placed in four (4} to six {6} inch
layers and compacted with a sheepsfoot roller, or equivalent, to
a relative compaction of ninety (90) percent per ASTM D1~57-~91,
dated 1991, which is incorporated by reference and above optimum
moisture content, or ninety- seven {97} percent per ASTM D698-
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91, dated 1991, which is incorporated by reference and at orb
above optimum moisture content.
(13) Fill material placed within two (2) feet of a structure
must be compacted by appropriate hand operated compaction
equipment.
(14} Levee fill material must be free of stones or lumps;
exceeding three (3) inches in greatest dimension, and must be
free of vegetative matter or other unsatisfactory material.
(15} Fill material may only be placed within the area indicated
on the submitted plans.
(16} Fill on levee slopes must be keyed into the existing levee
section. wherever there is substantial fill, as determined by the
Director of Public Works.
(17) Each layer of fill material applied on a levee must be
keyed into the levee section individually in four (4} to six (6)
layers.
(18) Density tests by a certified soils laboratory will be
required to verify compaction of levee fill and trench backfill.
(19) Ditches, power holes, standpipes, distribution boxes, and
other above-ground structures located within ten (10) feet of
the levee toe must be relocated a minimum distance of ten (10)
feet beyond the levee toe.
(20) Placement, construction, reconstruction, or removal of any
levee may not be done during the period from November 1 of any
year through April 15 of the subsequent year unless authorized
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by the Director of Public Works of the County of Butte.
(2 l ) The area adjacent to the levee mus t drain away from the
levee toes for a minimum distance of ten (10) feet.
(22) The finished slope of any levee construction or
reconstruction must be three (3} feet horizontal to one (1} foot
vertical, or flatter, on the waterside and two (2) feet
horizontal to one (1) foot vertical, or flatter, on the landside~
of the levee.
(23} The finished slope of any bypass levee must be four (4)
feet horizontal to one (1.) foot vertical, or flatter, on the
waterside and three (3) feet horizontal to one (1.} foot
vertical, or flatter, on the landside of the levee.
(24) An existing levee section being reconstructed, realigned,
or otherwise altered, and having encroachments that are located
within the levee that are to be replaced or changed, must have
detailed plans of the proposed encroachmeza.t changes approved by
the Director of Public Works prior to start construction.
(25) The permitee may be required to modify, as necessary,
existing pipelines within a levee section that is being raised
to accommodate a higher design water surface elevation in order;
to prevent seepage along the pipeline and to prevent backflow
through the pipeline during the design event.
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(26} A set of reproducible "as constructed" drawings of any
levee project shall, upon completion of the project, be
submitted to each of the following: The Reclamation Board, the
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Department of Public Works of the County of Butte, and thel
United States Army Corps of Engineers
(27} Stone revetment may be required on levee slopes where
turbulence, flow, or wave action may cause erosion.
{28} Grasses or other approved ground covers may be required on
levee slopes.
(29) The minimum crown width of a levee shall be at least twelve's
{~.2) feet on minor streams and twenty (20) feet on major'
streams. The levee crown width for a levee on a specific stream
(is defined by the project document and/or operations manual in
current use and) must be consistent with the minimum width
requirements of existing levees on the specific stream.
(30} A levee having a crown width of fifteen (15) feet or less
must have vehicular turnouts at approximately two thousand-five
hundred (2,500) foot intervals if there is no existing access
ramp within that distance.
(31) As used in this section, the term "approved risk-based
analysis" means an analysis which uses simulation modeling of
river discharge versus probability of occurrence, river stage
versus river discharge estimates, and river stage versus flood
damage estimates and accounts far uncertainty in. these functions
to determine the performance of a proposed flood control
feature.
(A) All Levees constructed or reconstructed must have a minimum
of three (3) feet of freeboard above the design flood plane, or
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a crown elevation no lower than. designed using an approved risk-
based analysis except for levees or portions thereof including
weirs specifically designed to allow overtopping in a controlled
manner.
(B} Unless designed using an approved risk-based analysis, the
design freeboard of a levee to be constructed or reconstructed
must be appropriately increased when any of the following
conditions exist:
(i) High velocity streamflow.
(ii) Excessive wave action.
(iii)Excessive hydrologic, hydraulic, or geotechnical
uncertainty in the levee design parameters.
(C) Unless designed using an approved risk-based analysis,
levees within one hundred (100) feet of a bridge, or other
structure which may constrict floodflows, must have one (1) foot
of additional freeboard.
(b) Unreinforced pavement is not permitted on levee slopes.
(c} Pavement for roadways and similar uses is permitted within
ten (10} feet of the levee toe.
(d) Pavement within ten (10) feet of the landside levee toe
must have appropriate features that intercept seepage and
prevent particle migration.
(e) Levee seepage control facilities (e.g., toe drains and toe
ditches) must meet the following requirements:
(1) The seepage control facilities must be designed by a civil
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engineer.
{2) All studies and calculations relating to design and
maintenance of the seepage control. facility must be submitted
with the permit application.
{3) The appropriate rights-of-way for the seepage control
facilities must be included in the levee easements.
{f) See Figure 8.01, referred to in 23 California Code of
Regulations, Section 120(f), and incorporated herein by
reference, for illustrated details, dimensions, and terminology
for levees and floodways.
(g) It a proposed project which includes levee improvements
would result in substantial residential development within an
area that without the levee improvements would be subject to the
Federal Emergency Management Agency's regulation 100-year flood
plain constraints, the permittee may be required to mitigate far
any increased average annual flood damage by increasing the
level of protection provided by the levee improvement project,
up to and including the Standard Project Flood as determined by
The Reclamation Board.
Section 26-46. Notice of Proposed Le~v'ee Permit Issuance. Prior
to issuance of ax~.y permit pertaining to a levee, notice shall be
given as follows:
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{a) Notice shall be mailed by first class mail to the Board of
Supervisors, the applicant, all landowners owning real property
within two thousand {2,000) feet of the proposed levee work, The
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Reclamation Board, the Tehama County Flood Control and Water
Conservation District, and the Glenn County Department of Public
Works, not less than thirty (30} days prior to the proposed
issuance date.
(b) Notice shall be published in a newspaper of general'
circulation in the County of Butte pursuant to Government Code
Section 6062a.
Section 26--~47. Protests.
(a) Protests to the issuance of a permit pertaining to a levee
may be submitted in writing to the Clerk by any interested party
or by any member of the Board of Supervisors. Each protest from
an interested party, other than a member of the Board of
Supervisors, must include: (1.) The name, address, and telephone
number of the person protesting; (2) A clear statement of the
grounds for the protest, based solely an flood control or
environmental concerns; and (3} An explanation of how the person
protesting will be adversely affected by the proposed levee
project.
(b} Upon receipt of a protest the Clerk shall notify the
Department of Development Services, which shall then refrain
from issuing the permit.
(c) Within ten (10} days of receipt of a protest, the Clerk
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shall set a hearing on the matter, shall mail notice thereof to
the applicant and the person protesting, and shall publish
notice pursuant to Government Code Section 6062.
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Section 26-48. Appeals. Appeals regarding the application and
enforcement of this Article regarding permits for buildings only
shall. be heard as specified in Section 26-3 of this Chapter.
Section 26-49. Board Decision. When a protest has been
submitted, an application for a permit pertaining to a levee
must be acted upon by the Board of Supervisors following the
holding of a public hearing.
Section 26-50. Permit Conditions. Any permit pertaining to a
levee issued pursuant to this Article may include and be subject
to such reasonable conditions as deemed appropriate by the
Departments of Public Works and Development Services and/or
Board of Supervisors, as applicable, shall include the condition
that the County of Butte shall have the right to enter the
property at reasonable times to inspect the levee, and may
include mitigation for effects of the approved activity on the
environment, including but not limited to mitigation to
eliminate or reduce adverse hydraulic impacts to a level that is
less than significant.
Section 26-51. Maintenance of Levees. Levees shall be
maintained by the landowner in such a manner as to prevent
failure causing a sudden release of water onto adjacent land.
Section 26-52. Enforcement of Regv.lations and Permit
Conditions.
(a? It shall be unlawful to violate the provisions of this
Article by constructing or reconstructing any levee or building
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or otherwise placing any building in ,Special Permit zone ZI
without first obtaining a permit therefor pursuant to this
Article.
(b} It sha11 be unlawful to fail to maintain a levee in
accordance with Section 26-51.
(c) It sha11 be unlawful to violate any condition of a permit
issued pursuant to this Article.
(d) Zt shall be unlawful to use, occupy, or maintain any
building constructed after the effective date of this Article
unless such building is constructed pursuant to and in
accordance with a permit therefor issued pursuant to this
Article.
(e) The provisions of this Article may be enforced pursuant to
Chapter 41 of this Code.
Section 26-53. Reg~.lation of Flood Depths Greater Than One
Foat. Flood water of a depth greater than one foot which is
impounded behind a levee shall not be released by any person
except in a controlled, gradual manner which will not cause
personal injury or property damage downstream."
Section 2. Repeal. of Section 26-4.1.. Sec. 25-4.1, entitled "Special
building regulation zone" is repealed.
Section 3. Severability. Zf any part of this ordinance or the
application thereof to any person or circumstances is for any reason
held to be invalid by a court of competent jurisdiction, such
provision shall be deemed severable, and the invalidity thereof shall
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not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or
application thereof.
Section 4. Effective Date; Publication. This ordinance shall be
and is hereby declared to be in full force and effect 60 days from the
date of its passage. Within fifteen days of the date of its passage,
this ordinance sha11 be published once with the names of the members
of the Board of Supervisors voting for and against it in the
Chico Enterprise, a newspaper published in the County of Butte, State
of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 13th day of July 1.999,
by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NOES : None
ABSENT : None
NOT VOTING : None
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~'ANE~' DOL~I,VChair of the
Butt County Board of Supervisors
ATTEST: \\
t_....~
JOHN BLACKLOCK, Chief Administrative
Officer nd C~,l.e the Board
~y
By ~,__.
I levee2.
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