Sec. 39.04. - Administration. — Colusa County Zoning Code

(a)

Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in section 39.03(b). Application for a development permit shall be made on forms furnished by the floodplain administrator 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:

1.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures - in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

2.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in section 39.05(a)(3)(b); and

3.

All appropriate certifications listed in section 39.04(c)(4) of this ordinance; and

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(b)

Designation of floodplain administrator. The city manager or his or her designee shall serve as city's floodplain administrator and shall administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions.

(c)

Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

1.

Permit Review. Review all development permits to determine that:

a.

Permit requirements of this ordinance have been satisfied.

b.

All other required state and federal permits have been obtained.

c.

The site is reasonably safe from flooding.

d.

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 ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

2.

Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with section 39.03(b), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer section 39.05. Any such information shall be submitted to the city council for adoption.

3.

Notification of other agencies. In alteration or relocation of a watercourse:

a.

Notify adjacent communities and the California department of water resources prior to alteration or relocation.

b.

Submit evidence of such notification to the federal insurance administration and federal emergency management agency.

c.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

4.

Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

a.

Certification required by section 39.05(a)(3)(a) (lowest floor elevations).

b.

Certification required by section 39.05(a)(3)(b) (elevation or floodproofing of nonresidential structures).

c.

Certification required by section 39.05(a)(3)(c) (engineered foundation openings).

Certification of elevation required by section 39.05(c) (subdivision standards).

e.

Certification required by section 39.05(f) (floodway encroachments).

5.

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

a.

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

b.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

c.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

d.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

6.

Map determinations. Make interpretations where needed, as to the location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field condition, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 39.06.

7.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available. The analyses shall be prepared by a qualified registered professional engineer in a format required by FEMA.

8.

Remedial Action. Take action to remedy violations of this ordinance as specified in section 39.03(c) or other applicable law.

(Ord. No. 563, § 1, 2, 12-19-2023)

Sec. 39.05. - Provisions for flood hazard reduction.

(a)

Standards of construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements shall be adequately 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 39.05(d).

2.

Construction materials and methods. All new construction and substantial improvement shall be constructed:

a.

With materials and utility equipment resistant to flood damage;

b.

Using methods and practices that minimize flood damage.

c.

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; and if

d.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3.

Elevation and floodproofing. (See section 39.02 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".)

a.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

i.

In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified.

ii.

In an A zone, elevated at least one foot above the base flood elevation, as determined by the City of Colusa.

iii.

In all other zones, elevated at least one foot above the base flood elevation.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

b.

Nonresidential construction, new or substantial improvement, shall either be elevated to conform with section 39.05(a)(3)(a) above, or together with attendant utility and sanitary facilities:

i.

Be floodproofed below the elevation specified in section 39.05(a)(3)(a) so that the structure is watertight with walls substantially impermeable to the passage of water.

ii.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

iii.

Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the floodplain administrator.

c.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

i.

Be certified by a registered professional engineer or architect to comply with the guidelines for engineered openings in FEMA Technical Bulletin 1, or

ii.

Have 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. 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 floodwater.

d.

Manufactured homes shall also meet the standards in section 39.05(d).

(b)

Standards for utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of flood waters into the systems.

b.

Discharge from the systems into flood waters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(c)

Standards for subdivisions.

1.

All preliminary subdivision proposals shall identify special flood hazard areas and the elevation of the base flood.

2.

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

3.

All subdivision proposals shall be consistent with the need to minimize flood damage.

4.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(d)

Standards for manufactured homes.

All manufactured homes that are placed or substantially improved, within Zones AI-30, AH, and AE on the community's flood insurance rate map, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(e)

Standards for recreational vehicles.

1.

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's flood insurance rate map will either:

Be on the site for fewer than one hundred eighty consecutive days, and 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, or

b.

Meet the permit requirements of this ordinance and the elevation and anchoring requirements for manufactured homes in section 39.05(d).

(f)

Floodways. Located within areas of special flood hazard established in Section 39.03(b) are areas designated as floodways. 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.

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.

2.

If Section 39.05(f)(1) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions othis ordinance.

(Ord. No. 563, § 1, 2, 12-19-2023)

Sec. 39.06. - Variance and appeals.

(a)

Nature of variances. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance 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, its inhabitants, or the property owners.

y with physical characteristics so unusual that complying with the requirements of this ordinance 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, its inhabitants, or the property owners.

It is the duty of the City of Colusa to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(b)

Variance and appeals procedures.

1.

The planning commission of the City of Colusa shall hear and decide requests for variances from the requirements of this chapter.

2.

The planning commission shall hear and decide appeals on any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

3.

The planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and

a.

Danger that materials may be swept onto other lands to the injury of others.

b.

Danger of life and property due to flooding or erosion damage.

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property.

d.

Importance of the services provided by the proposed facility to the community.

e.

Necessity to the facility of a waterfront location, where applicable.

f.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

g.

Compatibility of the proposed use with existing and anticipated development.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

i.

Safety of access to the property in time of flood for ordinary and emergency vehicles.

j.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

k.

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.

4.

Any applicant to whom a variance is granted shall be given written notice by the floodplain administrator that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage.

b.

Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the Colusa County recorder.

6.

The decision (s) of the planning commission shall be final, unless said decision (s) is appealed to the city council within thirty days of said commission decision (s).

7.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the federal insurance administration, federal emergency management agency.

(c)

Conditions for variances.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development 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 that the procedures of sections 39.04 and 39.055 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" as defined in section 39.02 of this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the "'minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City of Colusa believes will both provide relief and preserve the integrity of the local ordinance.

5.

Variances shall only be issued upon a:

a.

Showing of good and sufficient cause.

b.

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in section 39.02 of this ordinance) to the applicant.

c.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in section 39.02—see "public safety or nuisance"), cause fraud or victimization (as defined in section 39.02 ) of the public, or conflict with existing local laws or ordinances.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

7.

Upon consideration of the criteria of section 39.06(b)(3) and the purposes of this ordinance, the City of Colusa planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(Ord. No. 563, § 1, 2, 12-19-2023)

Article 40. - Dedication of Lands for Park and Recreational Purposes.

Sec. 40.01. - Dedication of lands for park and recreational purposes.

(a)

Authority. This article is enacted under the general police power and Government Code Section 66477.

(b)

Requirements. Each subdivider of land proposed for residential use shall, as a condition of approval of a tentative or parcel map, at the option of the city, dedicate land, pay fees in lieu thereof, or a combination of both, for park or recreational purposes. This requirement shall be included in the conditions of the tentative or parcel map, and shall be calculated according to the standards and formula in this article.

(c)

General Standards.

1.

The dedication of land or payment of fees, or both, shall be the proportionate amount necessary to provide five acres of park area per one thousand persons residing within a subdivision.

2.

The amount of land dedicated or fees paid is based upon the residential density. Residential density is determined on the basis of the tentative or parcel map and utilizing an average household size, as set forth in this article.

3.

No land dedication or fee is required on a parcel for which park dedication requirements have previously been met.

(d)

Standards and Formula for Dedication of Land.

1.

The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

2.

The amount of land to be dedicated shall be determined according to the following standards and formula:

Dwelling Type	Density per DU	Park Acres per 100 units
Single-family (detached)	2.81	1.41
Multiple-family (including condos/townhomes/apts.)	2.17	1.09

3.

Dedicated land shall meet the following requirements unless waived by the city: (a) adjacent public streets shall be fully improved with curbs, gutters, street paving, traffic control devices, utilities, street trees, and sidewalks; (b) fencing shall be installed along the property line of the subdivision contiguous to the dedicated land; (c) the property shall be graded within three inches of the finished grade; and (d) other minimal improvements which the city determines to be essential to the acceptance of land for park and recreation purposes. The subdivider shall not be entitled to credit for installing the above improvements.

4.

Dedication of land is governed by the procedure in subsection (k) of this section.

(e)

Formula for Fees in Lieu of Land Dedication.

1.

If (a) there is no park or recreation facility designated in the general plan within a proposed subdivision, or (b) the dedication of land is not feasible or compatible with the general plan, or (c) the city has previously acquired the necessary park property, or (d) the city otherwise determines that in lieu fees will be required, the subdivider shall pay a fee instead of land dedication.

2.

The amount of an in lieu fee required under this section shall be calculated and collected as follows:

a.

The fee shall equal fair market value of land within the city, and shall be set periodically by the city council through a city park fee resolution. Fair market value shall be the value of a typical buildable acre of land within the city suitable for residential or parkland development, excluding areas which are unbuildable due to flooding, topography, easements or other restrictions. The city has the sole discretion to determine what is fair market value of a typical buildable acre within the city, and the city's determination as to what constitutes a buildable acre of land shall be binding for purposes of this chapter.

b.

The city council shall at least once every other fiscal year, update the city park fee resolution. The city council may, at its option, choose to update the city park fee resolution more frequently as new market information becomes available. The fair market value established in the city park fee resolution shall be applied to the calculation of all park dedication in lieu fees required under this section.

c.

The fair market value established in each city park fee resolution shall be adjusted for inflation pursuant to the Bay Area Consumer Price Index until the next updated fair market value is established by the city council.

d.

Any applicable in lieu fee shall be paid in full to the city at the time of approval of the final map covering the territory in question.

(f)

Fees in Lieu of Land Dedication—Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the City may only require the payment of fees under this section, and may not require the dedication of land. However, this section does not preclude the dedication and acceptance of land for park and recreation purposes in a subdivision of fifty parcels or less if the subdivider proposes dedication voluntarily and the land is acceptable to the city.

(g)

Combination of Fees and Dedication. The city may approve a combination of fee payment and land dedication when:

1.

Only a portion of a proposed and accepted park falls within a subdivision. That portion shall be dedicated for park purposes and a fee is required for any additional amount of land that would otherwise be required for dedication; or

2.

A major part of the park or recreation site has already been acquired and only a small portion of land is needed from the subdivision to complete the site. The needed portion shall be acquired by dedication and a fee required for any additional amount of land that would otherwise be required for dedication; or

3.

The planning commission determines that a combination of fees and dedication will best serve the public interest.

(h)

Determination of Land or Fee. Whether the city accepts land dedication or requires a fee, or a combination of both, is determined by considering the following:

1.

Consistency with the applicable principles and standards for parks contained in the city's general plan;

2.

Topography, geology, access and location of land in the subdivision available for dedication. Proposed park sites should be designed so that eighty percent (80%) of the site has slopes of less than three percent and should be available for year-round use;

3.

Size and shape of the subdivision and land available for dedication;

4.

The feasibility of dedication;

5.

Whether the city has previously acquired sufficient land for park and recreation purposes;

6.

Whether the public interest is best served by the dedication of land or the imposition of an in lieu fee; and

7.

The factors set forth in subsections (f) and (g) of this article.

(i)

Partial Credit for Private Open Space. Where private open space for active park and recreation uses is provided in a proposed subdivision, the city may grant partial credit not to exceed twenty-five percent against the requirement of land dedication or payment of fees if the city finds it is in the public interest to do so and all of the following standards are met:

1.

Yard, court areas, setbacks and other open area or landscaping required to be maintained by the zoning and building ordinances and regulations are not included in the computation of credit; and

2.

The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; and

3.

The use of the private area is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be amended or eliminated without the city's consent; and

4.

The proposed private area is reasonably adoptable for use for active park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

5.

The proposed facilities are in substantial conformance with the parks and recreation element of the general plan; and

6.

At least three-quarters of an acre in area with the smallest dimension being at least one hundred feet clear excluding yards and setbacks normally required by the zoning code.

(j)

Credit for Park and Recreation Improvements. If the subdivider provides park and recreation improvements to the dedicated land (other than improvements required by subsection (d)(3) of this section), the value of the improvements shall be a credit against the payment of fees or dedication of land required by this section. To qualify for credit under this subsection, the subdivider must first obtain approval from the planning commission for the precise improvements to be installed.

(k)

Procedure.

1.

General. When a developer submits a tentative map to the city, he or she shall specify as part of the filing how he intends to satisfy the park dedication requirements of this section.

2.

Recommendation and Decision. At the time of recommending approval of a tentative map, the planning commission shall determine whether to require a dedication of land, payment of a fee instead, or a combination of both. The planning commission's decision shall be based upon a report and recommendation from city staff which shall include:

a.

The amount of land required for purposes of park dedication;

b.

Credit to be given under subsection (i) or (j) of this section;

c.

The location of the dedicated land or proposed use of in lieu fees.

3.

Time for Dedication or Payment.

a.

The subdivider shall dedicate the land required for dedication at the time of the filing of the final or parcel map for the subdivision.

b.

The subdivider shall dedicate land or pay the fee at the time of filing the final map or parcel map, unless the developer agrees with the city to pay at an earlier time.

(l)

Appeal. Appeal from any final action of the planning commission may be made in writing to the city council within ten days from the date of the planning commission's action. Such application shall be accompanied by a fee in an amount established from time to time by the city council. Advisory actions of the planning commission are not subject to appeal.

(m)

Use of Land and Fees.

1.

The land, fees, or combination of both may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

2.

The city council shall develop and adopt a schedule specifying how, when, and where it will use the land, fees and interest. Fees and interest collected under this section shall be committed within five years after the payment of the fees or the issuance of building permits on one-half the lots created by the subdivision, whichever occurs later.

(n)

Exemptions. This section does not apply to:

1.

Subdivisions containing less than five parcels and not used for residential purposes. However, the following condition shall be placed on the parcel map: If a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the owner of each such parcel is required to pay a park dedication fee under this chapter, as a condition of the issuance of the permit.

2.

Commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 441, § 2, 9-16-2008)

Article 41. - Density Bonus.

Sec. 41.01. - Encouragement of affordable housing.

The City of Colusa encourages the development of residential development that offers a percentage of its units at an affordable level. A density bonus is available to applicants who meet certain criteria as set by the California Government Code, Sections 65915—65918, as they may be amended from time to time, or the current equivalent. This section is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan.

(Ord. No. 505, § 29, 10-21-2014)