HomeMy WebLinkAbout133-88 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Amending Chapter 48 of Title 8 ) ORDINANCE NO. 133
of the Municipal Code Relating to )
Development in Areas of Special )
Flood Hazards )
)
WHEREAS, the Legislature of the State of California has in
Government Code sections 65302, 65560 and 65800 conferred upon
local government units authority to adopt regulations designed to
promote the public health, safety, and general welfare of its
citizenry;
The Town Council of the Town of Danville DOES ORDAIN as
follows:
SECTION 1. The existing Municipal Code Title 8, Chapter
48 (Flood Damage Prevention Ordinance) is repealed and superseded
by a new Chapter 48 which is added to Title 8 of the Danville
Municipal Code to read as follows:
"Chapter 48
Flood Damage Prevention Ordinance
Article 1 General Provisions
Section 8-4801 Findings of Fact
Section 8-4802 Statement of Purpose
Section 8-4803 Methods of Reducing Flood Losses
Section 8-4804 Definitions
Article 2 Applications
Section 8-4811 Lands to Which This Chapter Applies
Section 8-4812 Basis for Establishing the Areas of
Special Flood Hazard
Section 8-4813 Compliance
Section 8-4814 Abrogation and Greater Restrictions
Section 8-4815 Interpretation
Section 8-4816 Warning and Disclaimer of Liability
Section 8-4817 Severability
Article 3 Administration
Section 8-4821 Establishment of Development Permit
Section 8-4822 Designation of the Director of
Development Services
Section 8-4823 Duties and Responsibilities of the
Director of Development Services
PAGE 1 OF ORDINANCE NO. 133
Article 4 Provisions for Flood Hazard Reduction
Section 8-4831 Applications
Section 8-4832 Anchoring
Section 8-4833 Construction Materials and Methods
Section 8-4834 Elevation and Floodproofing
Section 8-4835 Standards for Storage of Materials
and Equipment
Section 8-4836 Standards for Utilities
Section 8-4837 Standards for Subdivisions
Section 8-4838 Standards for Manufactured Homes
Section 8-4839 Floodways
Article 5 Flood Hazard Variance Procedure
Section 8-4841 Appeals
Section 8-4842 Standards for Review
Section 8-4843 Issuance of Flood Hazard Variances
Section 8-4844 Conditions for Issuance of Flood
Hazard Variances
Section 8-4845 Showing Necessary for Flood Hazard
Variance
Section 8-4846 Notice of Flood Hazard Variance
Article 1. General Provisions
Section 8-4801 Findings of Fact
Section 8-4802 Statement of Purpose
Section 8-4803 Methods of Reducing Flood Losses
Section 8-4804 Definitions
Section 8-4801. Findinqs of Fact.
(a) The flood hazard areas of the Town of Danville are
subject to periodic inundation which could result 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 general
welfare.
(b) These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood-
proofed, elevated or otherwise protected from flood damage also
contribute to the flood loss.
PAGE 2 OF ORDINANCE NO. 133
Section 8-4802. Statement of PurDose. I t i s t h e
purpose of this chapter to promote the public health, safety and
general welfare, and to minimize public and private losses due to
flood conditions in specified areas by provisions designed to:
(1) protect human life and health;
(2) minimize expenditure of public money for costly flood
control projects;
(3) minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
(4) minimize prolonged business interruptions;
(5) minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in areas of special
flood hazard;
(6) help maintain a stable tax base by providing for the
second use and development of areas of special flood
hazard so as to minimize future flood blight areas;
(7) insure that potential buyers are notified that property
is in an area of special flood hazard; and
(8) insure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
Section 8-4803. Methods of Reducing Flood Losses. In
order to accomplish its purposes, this chapter includes methods
and provisions for:
(1) restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion
hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
(2) requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) controlling the alteration of natural floodplains,
stream channels, and natural protective barriers which
help accommodate or channel flood waters;
(4) controlling filling, grading, dredging, and other
development which may increase flood damage; and
PAGE 3 OF ORDINANCE NO. 133
(5) preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
Section 8-4804. Definitions. In this chapter, unless
context otherwise requires:
(1) "Appeal" is a request for a review of the Director of
Development Services' interpretation of a provision of
this chapter or a request for a variance.
(2) "Area of special flood hazard" (See "Special Flood
Hazard Area").
(3) "Base flood" means the flood having a one percent
chance of being equalled or exceeded in any given year
(also called the "100-year flood").
(4) "Basement" means any area of the building having its
floor subgrade (below ground level) on all sides.
(5) "Breakaway walls" are any walls, whether solid or
lattice, and whether constructed of concrete, masonry,
wood, metal, plastic or any other suitable building
material which is not part of the structural support of
the building and which 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 flood waters. A breakaway wall
shall have a safe design loading resistance of not less
than ten and no more than twenty pounds per s~aare
foot. Use of breakaway walls must be certified by a
registered engineer or architect and shall meet the
following conditions:
(a) Breakaway wall collapse shall result from a water
load less than that which would occur during the
base flood; and
(b) The elevated portion of the building shall not
incur any structural damage due to the effects of
wind and water loads acting simultaneously in the
event of the base flood.
(6) "Development" means any man-made change to improved or
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations.
PAGE 4 OF ORDINANCE NO. 133
(7) "Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
(a) the overflow of flood waters,
(b) the unusual and rapid accumulation or runoff of
surface waters from any source, and/or
(c) 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 high 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 unforesee-
able event which results in flooding as defined in
this definition.
(8) "Flood Boundary and Floodway Map" is the official map
on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
(9) "Flood Insurance Rate Map (FIRM)" is the official map
on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium
zones applicable to the community.
(10) "Flood Insurance Study" is the official report
provided by the Federal Insurance Administration that
includes flood profiles, the FIRM, the Flood Boundary
and Floodway Map, and the water surface elevation of
the base flood.
(11) "Floodplain or flood-prone area" means any land area
susceptible to being inundated by water from any source
(see definition of "flooding").
(12) "Floodplain management" means the operation of an
overall program of corrective and preventive measures
for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and
floodplain management regulations.
(13) "Floodplain management regulations" means zoning
ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as
PAGE 5 OF ORDINANCE NO. 133
floodplain ordinance, grading ordinance and erosion
control ordinance) and other applications of police
power. The term describes such state or local regula-
tions in any combination thereof which provide
standards for the purpose of flood damage prevention
and reduction.
(14) "Floodproofing" means any combination of structural and
nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to
real estate or improved real property, water and
sanitary facilities, structures and their contents.
(15i "Floodway" 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 one foot. The floodway is delineated on the
Flood Boundary and Floodway Map. Also referred to as
"Regulatory Floodway."
(16) "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 term
includes only docking facilities, port facilities that
are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facili-
ties, but does not include long-term storage or related
manufacturing facilities.
(17) "Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction
next to the proposed walls of a structure.
(18) "Lowest floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for 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
chapter.
(19) "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.
PAGE 6 OF ORDINANCE NO. 133
(20) "Manufactured home park or subdivision" means a parcel
(or contiguous parcels) of land divided into two or
more manufactured home lots for sale or rent.
(21) "Mean sea level" means, for purposes of the National
Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
(22) "New construction" means, for flood management
purposes, structures for which the "start of construc-
tion" commenced on or after the effective date of this
chapter.
(23) "One-hundred-year flood" or "100-year flood" means a
flood which has a one percent annual probability of
being equalled or exceeded. It is identical to the
"base flood," which will be the term used throughout
this chapter.
(24) "Person" means an individual or his agent, firm,
partnership, association or corporation, or agent of
the aforementioned groups, or this state or its
agencies or political subdivisions.
(25) "Remedy a violation" means to bring the structure or
other development into compliance with State or local
floodplain management regulations, or, if this is not
possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the
structure or other affected development from flood
damages, implementing the enforcement provisions of
this chapter or otherwise deterring future similar
violations, or reducing federal financial exposure with
regard to the structure or other development.
(26) "Riverine" means relating to, formed by, or resembling
a river (including tributaries), stream, brook, etc.
(27) "SDecial Flood Hazard Area (SFHA)" means an area having
special flood or flood-related erosion hazards, and
shown on an FHBM or FIRM as Zone A, A1-30, AE, or A99.
(28) "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 180 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
PAGE 7 OF ORDINANCE NO. 133
pouring of a slab or footings, installation of piles,
the construction of columns, or the placement of a
manufactured home on a foundation, or any work beyond
the stage of excavation. Permanent construction does
not include land preparation, such as clearing,
grading, and filling, nor does it include the installa-
tion of streets and/or walkways; nor does it include
excavation for a basement, footing, piers or founda-
tions or the erection of temporary forms; nor does it
include the installation on the property of accessory
buildings, such as garages or sheds not occupied as
dwelling units or not as part of the main structure.
(29) "Structure" means a walled and roofed building includ-
ing a gas or liquid storage tank, that is principally
above ground as well as a manufactured home.
(30) "Substantial improvement" means any repair, reconstruc-
tion, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the
structure either:
(a) before the improvement or repair is started, or
(b) if the structure has been damaged and is being
restored, before the damage occurred.
For the purposes of this definition, "substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or
not that alteration affects the external dimensions of
the structure. The term does not, however, include
either:
(i) any project for improvement of a structure to
comply with existing state or local health,
sanitary, or safety code specifications which are
solely necessary to assure safe living conditions,
or
(ii) any alteration of a structure listed on the
National Register of Historic Places or a State
Inventory of Historic Places.
(31) "Variance" or "Flood Hazard Variance" means a grant of
relief from the requirements of this chapter which
permits construction in a manner that would otherwise
be prohibited by this chapter.
PAGE 8 OF ORDINANCE NO. 133
(32) "Violation" means the failure of a structure or other
development to be fully compliant with the community's
floodplain management regulations. A structure or
other development without the elevation certificate,
other certifications, or other evidence of compliance
required in this chapter is presumed to be in violation
until such time as that documentation is provided.
Article 2. ADDlications.
Section 8-4811 Lands to Which This Chapter Applies
Section 8-4812 Basis for Establishing the Areas of
Special Flood Hazard
Section 8-4813 Compliance
Section 8-4814 Abrogation and Greater Restrictions
Section 8-4815 Interpretation
Section 8-4816 Warning and Disclaimer of Liability
Section 8-4817 Severability
Section 8-4811. Lands to Which This ChaDter ADplies.
This chapter applies to all areas of special flood hazards within
the jurisdiction of the Town of Danville, California.
Section 8-4812. Basis for Establishinq the Areas of
Special Flood Hazard. The areas of special flood hazard
identified by the Federal Emergency Management Act or Federal
Insurance Administration in a scientific and engineering report
entitled "The Flood Insurance Study for the Town of Danville,"
dated April 18, 1984, with an accompanying Flood Insurance Rate
Map is hereby adopted by reference and declared to be a part of
this chapter. The Flood Insurance Study is on file at the Town
Offices, 510 LaGonda Way, Danville, California. This Flood
Insurance Study is the minimum area of applicability of this
chapter and may be supplemented by studies for other areas which
allow implementation of this chapter and which are recommended to
the Town Council by the Director of Development Services.
Section 8-4813. ComDliance. No structure or land shall
hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this chapter
and other applicable regulations. Violations of the provisions
of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the Town Council from taking such
lawful action as is necessary to prevent or remedy any violation.
Section 8-4814. Abrogation and Greater Restrictions.
This chapter is not intended to repeal, abrogate, or impair
existing easements, covenants, or deed restrictions. However,
where this chapter and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
PAGE 9 OF ORDINANCE NO. 133
Section 8-4815. InterDretation. In the interpretation
and application of this chapter, all provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and
(3) deemed neither to limit nor repeal any other powers
granted under state statutes.
Section 8-4816. Warning and Disclaimer of Liability.
The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes 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 causes. This chapter 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 chapter shall not create liability on the part of the Town
of Danville, any officer or employee thereof, or the Federal
Insurance Administration, for flood damage that results from
reliance on this chapter or an administrative decision made under
it.
Section 8-4817. Severability. This chapter and the
various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to
be unconstitutional or invalid, such decision shall not affect
the validity of the chapter as a whole, or any portion thereof
other than the section so declared to be unconstitutional or
invalid.
Article 3. Administration.
Section 8-4821 Establishment of Development Permit
Section 8-4822 Designation of the Director of
Development Services
Section 8-4823 Duties and Responsibilities of the
Director of Development Services
Section 8-4821. Establishment of Development Permit. A
Development Permit must be obtained before construction or
development begins within any area of special flood hazard
established in section 8-4812. Application for a Development
Permit shall be made on forms furnished by the Director of
Development Services and may include, but not be limited to:
plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevation of the area in question; existing or
proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing. Specifically, the
following information is required:
PAGE 10 OF ORDINANCE NO. 133
(1) proposed elevation in relation to mean sea level, of
the lowest floor (including basement) of all
structures;
(2) proposed elevation in relation to mean sea level to
which any structure will be floodproofed;
(3) all appropriate certifications listed in Section 8-
4823(c) of this chapter; and
(4) description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development.
Section 8-4822. Designation of t~he Director of
Development Services. The Director of Development Services is
appointed to administer and implement this chapter by granting or
denying development permit applications in accordance with its
provisions.
Section 8-4823. Duties and Responsibilities of the
Director of Development Services. The duties and
responsibilities of the Director of Development Services include,
but are not limited to, the following.
(a) Development Permit Review. The Director of Development
Services shall review all development permits to
determine that:
(1) the permit requirements of this chapter are
satisfied;
(2) all other required state and federal permits have
been obtained;
(3) the site is reasonably safe from flooding; and
(4) the proposed development does not adversely affect
the carrying capacity of areas where base flood
elevations have been determined but a floodway has
not been designated. For purposes of this
chapter, "adversely affect" means that the
cumulative effect of the proposed development when
combined with all other existing and anticipated
development will not increase the water surface
elevation of the base flood more than one foot at
any point.
(b) Use of Other Base Flood Data. When base flood eleva-
tion data has not been provided in accordance with section
8-4812, Basis For Establishing the Areas of Special Flood Hazard,
PAGE 11 OF ORDINANCE NO. 133
the Director of Development Services shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source in order to
administer Article 4 of this chapter. Any such information shall
be submitted to the Town Council of the Town of Danville for
adoption.
(c) Information to be Obtained and Maintained. The
Director of Development Services shall obtain and maintain for
public inspection and make available as needed for Flood
Insurance Policies:
(1) the certification required in section 8-4834(a)
(flood elevations);
(2) the floodproofing certification required in
section 8-4834(b) (elevation or floodproofing of
nonresidential structures);
(3) the certification required in section 8-4834(c) (1)
or 8-4834(c) (2) (wet floodproofing standard);
(4) the certification required in section 8-4837(b)
(subdivision standards);
(5) the certification required in section 8-4839(1)
(floodway encroachments).
(d) Alteration of Watercourses. Whenever a watercourse is
to be altered or relocated, the Director of Development Services
shall:
(1) notify adjacent communities and the California
Department of Water Resources prior to any
alteration or relocation of a watercourse, and
submit evidence of such notification to the
Federal Insurance Administration; and
(2) require that the flood carrying capacity of the
altered or relocated portion of said watercourse
is maintained.
(e) Interpretation of FIRM Boundaries. The Director of
Development Services shall make interpretations where needed as
to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The
person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided
in Article 5 of this chapter.
PAGE 12 OF ORDINANCE NO. 133
(f) Remedy Violations. The Director of Development
Services shall take action to remedy violations of this chapter
as specified in section 8-4813.
Article 4. Provisions for Flood Hazard Reduction.
Section 8-4831 Applications
Section 8-4832 Anchoring
Section 8-4833 Construction Materials and Methods
Section 8-4834 Elevation and Floodproofing
Section 8-4835 Standards for Storage of Materials
and Equipment
Section 8-4836 Standards for Utilities
Section 8-4837 Standards for Subdivisions
Section 8-4838 Standards for Manufactured Homes
Section 8-4839 Floodways
Section 8-4831. Applications. The standards set forth
in this article are required in all areas of special flood
hazards.
Section 8-4832. Anchoring.
(a) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
(b) All manufactured homes shall meet the anchoring
standards of section 8-4838(2).
Section 8-4833. Construction Materials and Methods.
(a) All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant to
flood damage.
(b) All new construction and substantial improvements shall
be constructed using methods and practices that minimize flood
damage.
(c) All new construction and substantial improvements shall
be constructed with electrical, heating, ventilation, plumbing
and air conditioning equipment and other service facilities that
are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of
flooding.
PAGE 13 OF ORDINANCE NO. 133
i
Section 8-4834. Elevation and Floodproofing.
(a) New construction and substantial improvement of any
structure shall have the lowest floor, including basement,
elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in subsection (c). Upon
completion of the structure, the elevation of the lowest floor
including the basement shall be certified by a registered
professional engineer or surveyor, or verified by the community
building inspector to be properly elevated. Such certification
or verification shall be provided to the Director of Development
Services.
(b) Nonresidential construction shall either be elevated in
conformance with subsection (a) or together with attendant
utility and sanitary facilities:
(1) be floodproofed so that below the base flood level
the structure is watertight with walls substan-
tially impermeable to the passage of water;
(2) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(3) be certified by a registered professional engineer
or architect that the standards of this subsection
are satisfied. Such certifications shall be
provided to the Director of Development Services.
(c) For all new construction and substantial improvements,
fully enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing 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 minimum criteria:
(1) either a minimum of two openings having a total
net area of not less than one square inch for
every square foot of enclosed area subject to
flooding shall be provided. The bottom of all
openings shall be no higher than one foot above
grade. Openings may be equipped with screens,
louvers, valves or other coverings or devices
provided that they permit the automatic entry and
exit of floodwaters; or
(2) be certified to comply with a local floodproofing
standard approved by the Federal Insurance
Administration.
PAGE 14 OF ORDINANCE NO. 133
(d) Manufactured homes shall meet the standards in this
section and also the standards in section 8-4838.
Section 8-4835. Standards for Storage of Materials and
Equipment.
(a) The storage or processing of materials that are in time
of flooding buoyant, flammable, explosive, or could be injurious
to human, animal or plant life is prohibited.
(b) Storage of other material or equipment may be allowed
if not subject to major damage by floods and firmly anchored to
prevent flotation or if readily removable from the area within
the time available after flood warning.
Section 8-4836. Standards for Utilities.
(a) All new and replacement water supply and sanitary
sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from
systems into flood waters.
(b) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding.
Section 8-4837. Standards for Subdivisions.
(a) All preliminary subdivision proposals shall identify
the flood hazard area and the elevation of the base flood.
(b) All final subdivision plans will provide the elevation
of proposed structures and pads. If the site is filled above the
base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and shall be
provided to the Director of Development Services.
(c) All subdivision proposals shall be consistent with the
need to minimize flood damage.
(d) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage.
(e) All subdivision proposals shall provide adequate
drainage to reduce exposure to flood hazards.
Section 8-4838. Standards for Manufactured Homes. All
new and replacement manufactured homes and additions to manufac-
tured homes shall:
PAGE 15 OF ORDINANCE NO. 133
(1) be elevated so that the lowest floor is at or above the
base flood elevation; and
(2) be securely anchored to a permanent foundation system
to resist flotation, collapse or lateral movement.
Section 8-4839. Floodways. Areas designated as
floodways are located within areas of special flood hazard
established in section 8-4812. Since the floodway is an
extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles, and erosion potential,
the following provisions apply:
(1) Encroachment, including fill, new construction,
substantial improvements, and other development is
prohibited, unless certification by a registered
professional engineer or architect is provided
demonstrating that the encroachment shall not result in
any increase in flood levels during the occurrence of
the base flood discharge.
(2) If subsection (1) is satisfied, all new construction
and substantial improvements shall comply with all
applicable flood hazard reduction provisions of this
article.
Article 5. Flood Hazard Variance Procedure
Section 8-4841 Appeals
Section 8-4842 Standards for Review
Section 8-4843 Issuance of Flood Hazard Variances
Section 8-4844 Conditions for Issuance of Flood
Hazard Variances
Section 8-4845 Showing Necessary for Flood Hazard
Variance
Section 8-4846 Notice of Flood Hazard Variance
Section 8-4841. Appeals.
(a) The Planning Commission shall hear and decide appeals
and requests for flood hazard variances from the requirements of
this chapter.
(b) The Planning Commission shall hear and decide appeals
when it is alleged there is an error in a requirement, decision
or determination made by the Director of Development Services in
the enforcement or administration of this chapter.
PAGE 16 OF ORDINANCE NO. 133
(c) The decision of the Planning Commission may be appealed
to the Town Council.
(d) The time and manner for taking an appeal is as provided
in Contra Costa County Code Title 2, Article 26-2.24 (as adopted
by the Town of Danville).
Section 8-4842. Standards for Review. In considering an
application for a flood hazard variance under this chapter, the
reviewing body shall consider all the technical evaluations, all
relevant factors, standards specified in other sections of the
Municipal Code, and:
(1) the danger that materials may be swept onto other lands
to the injury of others;
(2) the danger to life and property due to flooding or
erosion damage;
(3) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(4) the importance of the services provided by the proposed
facility to the community;
(5) the availability of alternative locations for the
proposed use which are not subject to flooding or
erosion damage;
(6) the compatibility of the proposed use with existing and
anticipated development;
(7) the relationship of the proposed use to the
comprehensive plan and flood plain management program
for that area;
(8) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(9) the expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site;
(10) the costs of providing governmental services during and
after flood conditions, including maintenance and
repair of public utilities and facilities such as
sewer, gas, electrical, and water system, and streets
and bridges; and
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(11) the necessity to the facility of a waterfront location,
where applicable.
Section 8-4843. Issuance of Flood Hazard Variances.
(a) A flood hazard variance may be issued for new
construction and substantial improvements to be erected on a lot
of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood
level, providing the standards in section 8-4842 have been fully
considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance
increases.
(b) Upon consideration of the factors of section 4842 and
the purposes of this chapter, the Planning Commission may attach
such conditions to the granting of flood hazard variances as it
considers necessary to further the purposes of this chapter.
(c) The Director of Development Services shall maintain the
records of appeal actions and report any flood hazard variances
to the Federal Insurance Administration upon request.
Section 8-4844. Conditions for Issuance of Flood Hazard
Variances.
(a) A flood hazard variance may be issued for the
reconstruction, rehabilitation or restoration of a structure
listed on the National Register of Historic Places or the State
Inventory of Historic Places without regard to the procedures set
forth in the remainder of this section.
(b) A flood hazard variance shall not be issued within any
designated floodway if any increase in flood levels during the
base flood discharge would result.
(c) A flood hazard variance shall only be issued upon a
determination that the flood hazard variance is the minimum
necessary, considering the flood hazard, to afford relief.
Section 8-4845. Showinq Necessary For Flood Hazard
Variance.
(a) A flood hazard variance shall only be issued upon:
(1) a showing of good and sufficient cause;
(2) a determination that failure to grant the flood
hazard variance would result in exceptional
hardship to the applicant; and
PAGE 18 OF ORDINANCE NO. 133
(3) a determination that the granting of a flood
hazard variance will not result in increased flood
heights, additional threats to public safety or
extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(b) Flood hazard variances may be issued for new
construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent
use provided that the provisions of this section and section
8-4844 are satisfied and that the structure or other development
is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
Section 8-4846. Notice of Flood Hazard Variance.
(a) An applicant to whom a flood hazard variance is granted
shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below the
regulatory flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(b) A copy of the notice shall be recorded by the Town
Clerk in the office of the Contra Costa County Recorder and shall
be recorded in a manner so that it appears in the chain of title
of the affected parcel of land."
SECTION 2. Ordinance No. 46-84 adopted on January 7,
1985 is repealed and superseded by this ordinance.
SECTION 3. Publication.
Within fifteen (15) days after adoption, the Town Clerk
shall have this ordinance published once in a newspaper of
general circulation, published and circulated in the Town, and
shall have it posted in the three (3) public places designated by
resolution of the Town Council.
SECTION 4. Effective Date.
This ordinance becomes effective thirty (30) days after its
adoption.
The foregoing ordinance was introduced at a regular meeting
of the Town Council of the Town of Danville held on August 1, 1988,
PAGE 19 OF ORDINANCE NO. 133
1988 and adopted at a regular meeting of the Town Council held on
August 15 , 1988, by the following vote:
AYES: Greenberg, Jagger, Lane, Ritchey, Schlendorf
NOES: None
ABSENT: None
ATTEST:
PAGE 20 OF ORDINANCE NO. 133