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HomeMy WebLinkAbout40331 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 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 Ord. Amending Art !V, CH 26 Page 1 of 77 1 2 3 4 5 6 7 9 la 11 12 13 14 15 i6 17 IS 19 2a 21 22 23 24 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 Ord. Amending Art !V, CH 26 Page 2 of T 7 1 2 3 4 5 6 7 8 9 la ll 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Ord. Amending Arf 1 V, CH 26 Page 3 at 1 i 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 lb 17 1$ 19 20 21 22 23 24 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 j Ord. Amending Art !V, CH 2& Page 4 of 17 1 2 3 4 5 5 7 S 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 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: Ord. Amending Art !V, CH 26 Page 5 or z i 1 2 3 4 5 6 7 8 9 10 11 '' 12 13 14 15 16 17 18 19 20 21 22 23 24 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. ~ Ord. Amending Art !V, CN 26 Page 6 of 77 1 2 3 4 5 6' 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 Ord. Amending Art 1 V, CH 26 Page 7 of 9 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ~ Ord. Amending Art !V, CH 26 Page 8 of 17 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 zl 22 23 24 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. Ord. Amending Art !U, CH 26 Page 9 of ~ 1 2 3 4 S 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 Qrd. Amending Art IV, CH 26 Page 7Q of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 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 j Ord. Amending Art !U, CH 26 Page 19 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 2a 21 22 23 24 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 Ord. Amending Art !V, CH 26 Page 72 of 1 1 2 3 4 5 6 7 8 9 10 ', 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Ord. Amending Art !V, CH 26 Page 73 of 1 1 2 3~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Ord. Amending Art !V, CH 26 Page 14 of 7 1 2 3 4 5 6 7 8 9'' 10 11 12 13 14 15 1b 17 18 19 20 21 22 23 24 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 Ord. Amending Art !V, CH 26 Page 95 of 17 1 2 ~~i 4! S 6 8 9 la 11 12 13 14 1S 16 17 18 19 2a 21 22 23 24 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 111 111 111 111 1I1 Ord. Amending Art !V, CH 26 Page 16 of 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 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 Page 17 of 9 r