HomeMy WebLinkAbout40331
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Ordinance No. ~Fg~ a
AN ORDINANCE OF THE COUNTY OF BUTTE
AMENDING SECTIONS 26-21, 26-24, 26-25, 26-29, AND 26-30 AND ADDING
SECTIONS 26-31, 26-32, 26-33, AND 26-34 TO ARTICLE IV, ENTITLED "FLOOD
HAZARD PREVENTION," OF CHAPTER 26, ENTITLED "BUILDINGS," OF THE
BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
SECTION 1. Section 26-21 of the Butte County Code is amended to read as follows:
26-2I- Official maps.
The Butte County Board of Supervisors hereby adopts the flood insurance study
("FIS") produced by the Federal Insurance Administration {"FIA"} of the Federa]
Emergency Management Agency ("FEMA"}, and accompanying flood insurance rate
maps ("FIRM") and flood boundary and floodway maps {"FBFM") with map index dated
7anuary 6, 2011, and all subsequent amendments and revisions, as the official maps to be
used in determining those areas of special flood hazard. The FIS and attendant mapping
present the minimum area of applicability of this article, which area may be
supplemented by ordinance adapted by the Board of Supervisors based on studies and or
recommendations from the Flood Plain Administrator. The FIS, FIIZM's, and FBFM's are
on file with the Butte County Department of Public Works at 7 County Center Drive
Oroville, California.
SECTION 2. Section 26-24 of the Butte County Code is amended to read as follows:
26-24 Same--Criteria for evaltiation.
{a) The county, in reviewing all applications for new construction, substantia
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improvements, prefabricated buildings, placement of manufactured homes and
development{s) {as defined in section 26-29 of this article), and when reviewing the
being performed, will:
(1) Obtain, review, and reasonably utilize, if available, any regulatory flood elevation
floodway data from federal, state or other sources, until such other data is provided by
Federal Insurance Administration in a flood insurance study;
(2} Require the use of construction materials and utility equipment that are resistant
flood damage;
(3) Require the use of construction methods and practices that will minimize
damage;
{4) Require buildings and manufactured homes to be designed or anchored to prevent
flotation, collapse or lateral movement of the structure or portions of the structure due
flooding;
(5) Assure electrical, heating, ventilation, plumbing and air conditioning equipment
other service facilities shall be designed andlor located so as to prevent water
entering or accumulating within the components during conditions of flooding;
(6) Assure encroachments, including fzll, new construction, substantial improvements
other development, shall be prohibited in any floodway unless approval is provided by
Central Valley Flood Protection Board and written documentation by a r
professional engineer demonstrates that the encroachments will not result in any
in flood levels during the occurrence of the base flood discharge. Such
documentation shall be provided to the floodplain administrator ar designee;
(7) Require, for all new construction and substantial improvements, that fully
areas below the lowest Hoar that are subject to flooding shall be designed to auto
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qualize hydrostatic flood forces an exterior walls by allowing for the entry and exit
floodwaters. Openings in foundation walls shall comply with the requirements set forth i
current FEMA Technical Bulletins and shall be certified by a registered
engineer or architect. Such certification shall be provided to the Director of
Services or designee; and
(8} Require the completion and submittal of an Elevation Certificate, FEMA Form 81-31
or a more current comparable FEMA approved farm, at three stages in the process, as sei
forth in the Building Elevation Information (Survey Required} section of the form:
Construction Drawings Certificate to be submitted prior to the issuance of the building
permit; a Building Under Construction Certificate to be submitted prior to the approval
framing inspections; and a Finished Construction Certificate to be submitted prior to
final inspection of the building permit. Such certification shall be provided to the Direct
of Development Services or designee. The following exception to this requirement appli
to manufactured homes: the Building Under Construction Certificate shall not be req
for manufactured homes.
{b) The county, in addition to the requirements in subsection (a) of this section, will:
(1} Require, within areas designated as Zones A, AE, AH, and Shaded X on the offici
map, that the following standards are met:
a. The lowest floor elevation of new residential structures and substantial improvements
residential structures shall be elevated a minimum of one (1) foot or mare above
regulatory flood elevation.
b. The lowest floor elevation of new or substantially improved nonresidential
shall either meet section 26-24(b){1}{a); or, such nonresidential structures, together
attendant utility and sanitary facilities, shall:
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1. Be flood proofed so that belaw the regulatory flood elevation the structure is wat~
with walls substantially impermeable io the passage of water,
2. Have structural components capable of resisting hydrostatic and hydrodynamic
and effects of buoyancy, and
3. Be certified by a registered professional engineer or architect that the design a
methods of construction are in accordance with accepted standards of practice for meeti
the provisions of this subsection. Such certification shall be provided to the Director
Development Services or designee;
(2) Require within any area designated as Zone AO an the official map, that the followi
standards are met:
a. The lowest floor elevation of new and substantially improved residential structures
be elevated above the highest adjacent grade at least one (1) foot higher than the def
number specified in feet on the official map (at least three (3) feet if no depth number
specif ed).
b. The lowest floor elevation of new or substantially improved nonresidential structw
shall either meet section 26-24{b)(2)(a) or such nonresidential structures, together w
attendant utility and sanitary facilities, shall;
1. Be flood proofed below the elevation as specified under section 26-24(b)(2){a) so t]
the structure is watertight with walls substantially impermeable to the passage of water,
2. Have structural components capable of resisting hydrostatic and hydrodynamic log
and effects of buoyancy, and
3. Be certified by a registered professional engineer or architect that the design a
methods of construction are in accordance with accepted standards of practice for meeti
the provisions of this subsection. Such certification shall be provided to the Director
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Development Services or designee;
(3) Assure that in regard to manufactured homes that the following standards are met:
a. Areas designated Zone AO:
1. All manufactured homes that are placed or substantially improved shall be elevated on a
permanent foundation system such that the lowest floor is elevated above the
adjacent grade at least one {1} foot or more than the depth number specified in feet on
official map (at least (3) feet if no depth number is specified),
2. All manufactured homes that are placed or substantially improved shall be anchored
resist flotation, collapse or lateral movement, and installed in accordance with
requirements set forth in the current FEMA Publication entitled "Manufactured H
Installation in Flood Hazard .Areas,"
b. Areas designated Zones A, AE, AH, and Shaded X:
1. Require that all manufactured homes to be placed or substantially improved be elevate
on a permanent foundation system such that the lowest floor of the manufactured home i
elevated one (1) foot or more above the regulatory flood elevation, and shall meet
provisions of subsection (b)(3){a)(2) of this section;
(4} Require, within Zones AH and AO, adequate drainage paths around structures
slopes, to guide floodwaters around and away from proposed structures.
(c) The Director of Development Services ar designee shall, upon completion of building
construction, certify to the floodplain administrator, compliance with the provisions of this
section.
(d) The floodplain administrator shall complete a biennial report and submit it to the
Federal Emergency Management Agency.
SECTION 3. Section 26-25 of the Butte County Code is amended to read as follows:
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Section 26-25 Subdivision applications.
All applications for the division of land filed in Zones A, AE, AH, AO and Shaded X on
the official map shall be reviewed by the Department of Public Works to assure that:
(A} All such proposed developments are consistent with the need to minimize flood
damage.
{B) Subdivision and parcel maps shall, as a condition of approval, establish regulatory
flood elevations and note same on the map prior to recordation of the map.
(C} Adequate drainage is provided so as to reduce exposure to flood hazards.
{D) AlI public utilities and facilities are located so as to minimize or eliminate flood
damage.
SECTION 4. Section 26-29 of the Butte County Code is amended to read as follows:
Section 2G-29 Definitions.
Terms or words as used in this chapter shall have the meaning as defined in 44 Code
Federal Regulations (CFR), Chapter 1, Subchapter B, Insurance and Hazard Mitigati
National Flood Insurance Program, Part 59-General Provisions, Subpart A-General unl
specifically defined below. Words or phrases used in this article not defined in 44 CFR
below shall be interpreted so as to give them the same meanings as they have in comm
usage and so as to give this article its most reasonable applications:
(1} Areas of special flood hazard: The land within the county subject to a one (1)
or greater chance of flooding in any given year. This land is identified as Zones A,
AH, AO and Shaded X on the official maps.
{2) Base flood. A flood which has a one percent chance of being equaled or exceeded i
any given year (also called the "100-year flood"). Base flood is the term used throughor
this article.
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(3) Base flood elevation (BFE). The elevation shown on the Flood Insurance Rate Map
Zones AE, AH and AO that indicates the water surface elevation resulting from a flo
that has a 1-percent or greater chance of being equaled or exceeded in any given year.
(4) Basement. Any area of the building having its floor subgrade - i.e., below ground
on all sides.
(5) Development. Any manmade change to improved or unimproved real estate,
but not limited to the placement, construction, reconstruction, removal or abandonment
any building or other structure or encroachment, or agricultural practice, mining, dredgi
filling, grading, paving, excavation, drilling operations or storage of equipment
materials, except agricultural practices which can be demonstrated not to increase flo
levels upstream or downstream.
{6) Encroachment. Any obstruction or physical intrusion, including, but not limited
those caused by a building or other structure, by a Ievee, or by the planting, abandonm~
or removal of vegetation (except planting or removal of vegetation for agricultu
purposes and which can be demonstrated not to increase flood levels upstream
downstream).
(7} Flood: A temporary rise in a stream's flow or state that results in water overflowing
banks and inundating areas adjacent to the channel, or an unusual and rapid
of runoff or surface waters from any source.
(8) Flood insurance rate map: The official map on which the Federal Emerges
Management Agency or Federal Insurance Administration has delineated both the areas
special flood hazards and the risk premium zones applicable.
(9} Flood insurance study: The off cial report provided by the Federal
Administration that includes flood profiles, the flood insurance rate map, the floo
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boundary and floodway map, and the water surface elevation of the base flood.
{10) Flood proofing: Any combination of structural and nonstructural additions, changes o
adjustments to nonresidential structures, including utility and sanitary facilities, whit]
would preclude the entry of water. Structural components shall have the capability o
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
(11) Floodway: The channel of a river or other watercourse and the adjacent land area
that must be reserved in order to discharge the regulatory flood without cumulativel
increasing the water surface elevation more than one (1) foot.
{12) Highest adjacent grade: The highest natural elevation of the ground surface prior t
construction next to the proposed walls of a structure.
{13) Historic structure. Any structure that is:
i . Listed individually in the National Register of Historic Places {a listing
by the Department of Interior} or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior
contributing to the historical significance of a registered historic district or a
preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with
preservation programs which. have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities wi
historic preservation programs that have been certified either by an approved
program as determined by the Secretary of the Interior or directly by the S
of the Interior in states without approved programs.
(14) Lowest adjacent grade: The lowest natural elevation of the ground surface prior
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construction next to the proposed walls of a structure.
(15) Lowest floor: The lowest floor of the lowest enclosed area {including basement).
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, built
access or storage, in any area other than a basement area, is not considered a building'
lowest floor, provided that such enclosure Is not built so as to render the structure
violation of the applicable non elevated design requirements of this article
(16) Manufactured home: Far the purposes of this article, a structure, transportable in onE
(i) or more sections, which is built on a permanent chassis and designed to be used with
without a permanent foundation when connected to the required utilities and does
include a recreational vehicle, or travel trailer.
(17) Manufactured home park (subdivision): "Manufactured home subdivision" means
parcel {or contiguous parcels} of land which has been divided into two (2) or more lots f
rent or sale and the placement of manufactured homes.
(18} New construction: For the purposes of this article, means structures for which
"start of construction" commenced on or after the effective date of flood p
management reguIatians adopted by this county, and includes any subsequent
improvements to such structures.
{19} Recreational vehicle. A vehicle which is:
A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(20) Regulatory flood elevation: The water surface elevation of the 100-year flood.
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(21) Special flood hazard area (SFHA). An area in the floodplain subject to a 1 percent orl
greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone
A, AO, AE, or AH.
{22) Start of construction. Means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or
other improvement was within one year from the date of the permit. The actual star
means either the first placement of permanent construction of a structure an a site, sucr
as the pouring of slab or footings, the installation of piles, the construction of columns, o;
any work beyond the stage of excavation; or the placement of a manufactured home on
foundation. Permanent construction does not include land preparation, such as clearing
grading, and filling; nor does it include the installation of streets andlor walkways;
does it include excavation for a basement, footings, piers, or foundations or the
of temporary forms; nor does it include the installation on the property of access
buildings, such as garages or sheds not occupied as dwelling units or not part of the n
structure. For a substantial improvement, the actual start of construction means the
alteration of any wall, ceiling, floor, or other structural part of a building, whether or
that alteration affects the external dimensions of the building.
(23} Structure: A walled and roofed structure, including a gas or liquid storage tank
is principally above the ground, including but without limitation to buildings, facto
sheds, cabins, and manufactured homes.
(24) Substantial damage: Damage of any origin sustained by a structure whereby the
of zestoring the structure to its before damaged condition would equal or exceed f fty
percent of the market value of the structure before the damage occu
{25} Substantial improvement: "Substantial improvement" means any reconstruction
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rehabilitation, addition, or other proposed new development of a structure, the cost
which equals or exceeds fifty {50) percent of the market value of the structure before
"start of construction" of the improvement. The Substantial improvement cost
cumulative and includes all improvements that are not listed below as being excepted
that have occurred within the proceeding five years. (1'his;[fia term includes structu
which have incurred "substantial damage", regardless of the actual repair
performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations or state
local health, sanitary, or safety code specifications which have been identified by
local code enforcement off cial and which are the minimum necessary to assure s
living conditions; or
b. Any alteration of a "historic structure", provided that the alteration will not
the structure's continued designation as a "historic structure."
(26) Violation. The failure of a structure or other development to be fully compliant
this article. A structure or other development without the elevation certificate,
certifications, or other evidence of compliance required in this article is presumed to be
violation until such time as that documentation is provided.
(27} 100-year flood: The condition of flooding having a one (1) percent chance of annual
occurrence.
SECTYON 5. Section 26-30 of the Butte County Code is amended to read as follows:
Section 26-30 Records; notice of water course alteration.
{1}The Department of Development Services will maintain a record of elevation
information required by section 26-22(b}(6).
(2) The Department of Development Services will notify, in riverine situations, adj
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communities and the California Department of Water Resources (DWR} prior to an
alteration or relocation of a watercourse, and will submit copies of such notification t
the Federal Insurance Administration Upon receipt of a complete application and
project completion, the floodplain administrator shall submit or assure that the p~
applicant submits technical or scientific data to FEMA so insurance and flood
management can be based on current data.
{3) The Department of Development Services will assure that the floo
capacity within any altered or relocated portion of any watercourse is maintained.
SECTION 6. Section 26-31 of the Butte County Code is added to read as follows:
Section 26-31 Standards for recreational vehicles.
All recreational vehicles placed in areas of special flood hazard will either:
I . Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no permanently
attached additions.
~ SECTION 7. Section 26-32 of the Butte County Code is added to read as follows:
26-32 Nature of variances.
The issuance of a variance is for floodplain management purposes only. lnsura
premium rates are determined by statute according to actuarial risk and will not
modified by the granting of a variance.
The variance criteria set forth in this section and the following section of the article
based on the general principle of zoning law that variances pertain to a piece of proper
and are not personal in nature. A variance may be granted for a parcel of property wi
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physical characteristics so unusual that complying with the requirements of this article
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, i
inhabitants, or the property owners.
It is the duty of the Butte County Board of Supervisors to help protect its citizens
flooding. This need is so compelling and the implications of the cost of insuring
structure built below flood level are sa serious that variances from the flood elevation
from other requirements in the article shall rarely be granted. The long term goal
preventing and reducing flood loss and damage can only be met if variances are stric
limited. Therefore, the variance guidelines provided in this article are more detailed tl
normal flood plain requirements and contain multiple provisions that must be met
a variance can be properly granted. The criteria are designed to screen out
situations in which alternatives other than a variance are more appropriate.
SECTi4N 8. Section 26-33 of the Butte County Code is added to read as follows:
26-33 Conditions for variances.
Applications for a variance to the flood plain requirements shall be heard and decided
follows: for a lot of one-half acre or less by the Zoning Administrator, or if there is
Zoning Administrator, by the Planning Manager; and far a lot of greater than one-h
acre by the Planning Commission. Far historic structures, an application for a
shall be heard and decided by the Zoning Administrator, or if there is no
Administrator, by the Planning Manager regardless of the size of the lot an which it i
located.
A. Generally, variances may be issued for new construction, substantial
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and other proposed new development to be erected on a lot of one-half acre or less i
size contiguous to and surrounded by lots with existing structures constructed belo`
the base flood level, providing that the procedures of this article have been full
considered. As the lot size increases beyond one-half acre, the technical justificati
required for issuing the variance increases.
S. Variances may be issued for the repair or rehabilitation of "historic structures" {
def ned in Section 26-29 of this code} upon a determination that the proposed reps
or rehabilitation will not preclude the structure's continued designation as an
structure and the variance is the minimum necessary to preserve the historic
and design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any
in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is
"minimum necessary" considering the flood hazard, to afford relief. "Minima
necessary" means to afford relief with a minimum of deviation from the requireme:
of this article. For example, in the case of variances to an elevation requirement, t
means the decision maker need not grant permission for the applicant to build
grade, or even to whatever elevation the applicant proposes, but only to that elevati
which the decision maker believes will both provide relief and preserve the integr
of this article.
E. Variances shall only be issued upon (i} a showing of good and sufl`icient cause, {ii)
determination that failure to grant the variance would result in exceptional hardship
the applicant, and (iii} a determination that the granting of a variance will not result i
increased flood heights, additional threats to public safety, extraordinary
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expense, create nuisances, cause fraud on or victimization of the public, or confli
with existing local laws or ordinances;
F. The County shall notify the applicant in writing over the signature of the Director
Development Services or designee that {i) the issuance of a variance to construct
structure below the base flood level will result in increased premium rates for floc
insurance up to amounts as high as $25 for $100 of insurance coverage and (ii)
construction below the base flood level increases risks to life and property.
notification shall be maintained with a record of all variance actions as required i
paragraph H of this section; and
G. The Director of Development Services or designee shall {i} maintain a record of al
variance actions, including justification far their issuance, and {ii) provide sucl
information on variances to the floodplain administrator. The floodplai
administrator shall report on variances in its biennial report submitted io the FEMA .
H. Variances may be issued for new construction and substantial improvements and
other development necessary for the conduct of a functionally dependent
provided that (i} the criteria of paragraphs C through F of this section are met, and {ii
the structure or other development is protected by methods that minimize floor
damages during the base flood and create no additional threats to public safety.
I. Variances may be appealed, upon paying the required appeal fee as set forth in
Butte County Master Fee Schedule, in the following manner: from the Zoe
Administrator/Planning Manager to the Planning Commission; and from the
Commission to the Board of Supervisors.
I SECTION 9. Section 26-3~1 of the Butte County Code is added to read as follows:
126-34 Warning and disclaimer of liabili
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The degree of flood protection required by this article is considered reasonable for regulator
purposes and is based on scientific and engineering considerations. Larger floods can and wil
occur on rare occasions. Flood heights may be increased by man-made or natural causes. Thi;
article 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 article shall not create liability o~
the part of Butte County, any officer or ezxzployee thereof, for any flood damages that result fron
reliance on this article or any administrative decision lawfully rriade hereunder.
SECTION 10. Severability. If any provision of this Ordinance or the application thereof to am
person or circumstances is for any reason held to be invalid by a court of competent ~urisdictior.
such provision shall be deemed severable, and the invalidity thereof shall not affect th
remaining provisions or other applications of the Ordinance which can be given effect witho~
the invalid provision or application thereof.
SECTION 11. Effective Date and Publication. This Ordinance shall take effect thirty (30) day
after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed t~
publish this ordinance before the expiration of fifteen {15) days after its passage. This Ordinanc
shall be published once, with the names of the members of the Board of Supervisors voting fe
and against it, in the Chico Enterprise Record, a newspaper of general circulation published i
the County of Butte, State of California.
Ill
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 13th day of sep~' , 2011, by the following vote:
AYES: Supervisors Connelly, Wahl, Kir~.~ Yamaguchi and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
~~~
Steve Lam ,Chair of the
Butte County Board of Supervisors
ATTEST:
Paui Hahn
Chief Administrati
and Clerk of the Ba
BY
Deputy,
Qrd. Amending Art 1V, CH 26
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