Article 82-28.12 — Variance Procedure

The variance criteria set forth in this article 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.

It is the duty of the county 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 the 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).

(Ords. 2000-33, 99-35, 96-11).

(1)

The zoning administrator of Contra Costa County shall hear and decide appeals and requests for variances from the requirements of this ordinance.

(2)

The zoning administrator shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this ordinance.

(3)

In passing upon such applications, the zoning administrator shall consider all technical evaluations, all relevant factors and standards as specified in this ordinance, and all other relevant factors including, but not limited to the following:

(a)

The danger that materials may be swept onto other lands to the injury of others;

(b)

The danger to life and property due to flooding or erosion damage;

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owner and future owners of the property and the community;

(d)

The importance of the services provided by the proposed facility to the community, where applicable;

(e)

The necessity to the facility of a waterfront location, where applicable;

(f)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(g)

The compatibility of the proposed use with existing and anticipated development;

(h)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i)

The safety of access to the property in time of flood for ordinary and emergency vehicles;

(j)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

(k)

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, water systems, streets and bridges.

(4)

Generally, variances 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, provided Section 82-28.1202(3) factors have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance will increase.

(5)

Upon consideration of the factors of Section 82-28.1202(3) and the purposes of this ordinance, the zoning administrator may attach such conditions to the granting of variances as deemed necessary to further the purposes of this ordinance.

(6)

Appeals from zoning administrator decisions may be made in the time and manner provided in Contra Costa County Ordinance Code Article 26-2.24 to the planning commission and board of supervisors upon payment of prescribed fees.

(7)

The floodplain administrator shall maintain the records of all appeal actions and report any variances granted to the FIA upon request.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

(1)

Variances may be issued for the reconstruction, rehabilitation or restoration of "historic structures" upon a determination that the proposed restoration or rehabilitation will not preclude the structures continued designation as an historic structure and the minimum necessary variance is to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section.

(2)

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

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

Variances shall only be issued upon:

(a)

A showing of good and sufficient cause;

(b)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(5)

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 Section 8228.1204(1) - (4) 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.

(6)

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

(a)

The issuance of a variance to construct a structure below the base flood level will result in significantly increased premium rates for flood insurance. Insurance premiums as high as $25.00 for $100.00 of insurance coverage are possible; and

(b)

Such construction below the base flood level increases risks to life and property. It is required that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

Article 82-28.14. - Flood Hazard Zones

This article applies to all land in a flood hazard zone located in that portion of the Sacramento-San Joaquin Valley that is within the jurisdiction of Contra Costa County. The location of all flood hazard zones in that portion of the Sacramento-San Joaquin Valley within Contra Costa County, and the location of all urban areas and urbanizing areas in those flood hazard zones, is shown on a map certified by the Conservation and Development Director and on file at the Conservation and Development Department, 30 Muir Road, Martinez.

(Ord. No. 2016-16, § II, 6-21-16)

82-28.1404 - Definitions.

For purposes of this article, the following terms have the following meanings:

(a)

"Flood hazard zone" has the meaning set forth in Government Code section 65007(d).

(b)

"Urban area" has the meaning set forth in Government Code section 65007(l).

(c)

"Urbanizing area" has the meaning set forth in Government Code section 65007(m).

(Ord. No. 2016-16, § II, 6-21-16)

82-28.1406 - Development agreements in flood hazard zones.

An agreement under Article 2.5 of Chapter 4 of the California Government Code to develop property located within a flood hazard zone must comply with Government Code section 65865.5.

(Ord. No. 2016-16, § II, 6-21-16)

The following permits or entitlements for a project located within a flood hazard zone may only be issued in accordance with the requirements of Government Code section 65962:

(a)

A discretionary permit or other discretionary entitlement that would result in the construction of a new building.

(b)

A discretionary permit or other discretionary entitlement for construction that would result in an increase in allowed occupancy for an existing building.

(b)

A ministerial permit that would result in the construction of a new residence.

(Ord. No. 2016-16, § II, 6-21-16)

82-28.1410 - Maps in flood hazard zones.

A tentative map or a parcel map for a subdivision located within a flood hazard zone must comply with Government Code section 66474.5.

(Ord. No. 2016-16, § II, 6-21-16)

Chapter 82-30 - DUAL WATER SYSTEMS

Article 82-30.2. General

82-30.202 - Purpose.

The purpose of this chapter is to establish procedures for county cooperation with public water and wastewater agencies within the county's unincorporated area in the development of projects to incorporate dual water systems whenever feasible and consistent with applicable legal, public health, safety and environmental requirements.

(Ord. 91-19 § 2).

Should any provisions of this chapter conflict with those of Chapter 414-4, the provisions of Chapter 414-4 shall prevail.

(Ord. 91-19 § 2).

82-30.206 - County-owned properties.

It is the policy of the county where appropriate to plan and design facilities for its owned new properties and major property improvements to accommodate dual water systems in accordance with this chapter.

(Ord. 91-19 § 2).

Article 82-30.4. Definitions

As used in this chapter, "dual water system" means two separate and unconnected water distribution systems servicing the same parcel(s). One system conveys water suitable for all potable and nonpotable uses. One system conveys water suitable for appropriate and approved nonpotable uses. Possible examples of appropriate nonpotable uses in approved circumstances are agricultural irrigation, landscape irrigation, landscape impoundments, industrial process water and construction water.

(Ord. 91-19 § 2).

As used in this chapter, "potable water" means water which conforms to federal, state and local agency standards for human consumptions.

(Ord. 91-19 § 2).

As used in this chapter, "nonpotable water" means water that is not potable. Some examples are untreated surface and groundwaters and recycled water.

(Ord. 91-19 § 2).

As used in this chapter, "dual water system areas" means precise geographic areas designated by the local water or wastewater public agency having jurisdiction to provide and/or control water service as having a dependable supply of nonpotable water available or where the feasibility of distributing a nonpotable water supply has been determined and dual water systems are required by the involved agency.

(Ord. 91-19 § 2).

As used in this chapter, "recycled water" means water which, as a result of treatment of wastewater, meets all applicable requirements established by the state regional water quality control board having jurisdiction and regulating the use of recycled water and is suitable for appropriate and approved nonpotable uses.

(Ord. 91-19 § 2).

Article 82-30.6. Designated Dual Water System Areas

Certain areas may be designated by the local water or wastewater public agency having jurisdiction as Section 82-30.408 "dual water system areas." In such areas, the involved agency has or may require installation of separate dedicated meter(s) and systems for use of nonpotable water for appropriate and approved uses at the time of service or in the future. Upon receipt of any board of supervisors' request, the involved agency shall consider the establishment of any proposed dual water system area.

(Ord. 91-19 § 2).

Within sixty days of the designation of a "dual water system area(s)" by the involved local water or wastewater agency having jurisdiction, a precise geographic boundary description(s) and map(s) thereof for the area(s) shall be filed with the county's community development department.

(Ord. 91-19 § 2).

Existing consumers or others within "dual water system areas" who received water service prior to the agency's designation of said area, may at the discretion of the local water or wastewater public agency having jurisdiction, be connected to the nonpotable water system in accordance with the agency applicable regulations.

(Ord. 91-19 § 2).

Article 82-30.8. Development Applications

All development entitlement applications filed with the community development department for projects which are: in a dual water system area; or greater than fifteen acres; or greater than one hundred twenty thousand square feet in floor space; or a portion of an area of aggregate development potential greater than fifteen acres or one hundred twenty thousand square feet in floor space shall be referred to the local water or wastewater agency having jurisdiction for determination and designation by the involved agency's of its requirements for dual water systems. As soon as it may be reasonably done after the community development department received a development entitlement application (but in no event more than fifteen days after an application is determined or deemed complete), the department shall refer the application pursuant to this section to the involved local agency.

(Ord. 91-19 § 2).

The planning agency shall not approve a development entitlement application subject to this article's provisions until written notification of all requirements imposed and required by the involved local water or wastewater agency for dual water systems are received, reviewed and considered for inclusion in any approval of the pending application. If the involved local water or wastewater agency does not provide its written notification within thirty days of the referral date, the planning agency may take action to approve the involved pending application. Notwithstanding the other provisions of this section, the planning agency

may take action at any time and approve a pending application if within the next thirty days the said application may be deemed approved or otherwise decided by operation of law.

(Ord. 91-19 § 2).

Article 82-30.10. Exemption

82-30.1002 - Application exemption.

Development entitlement applications on file with the community development department on or before May 8, 1991 are exempt from the provisions of this chapter.

(Ord. 91-19 § 2).