Contra Costa County Municipal Code Art. 82-28.2 General

This ordinance is designed to promote the public health, safety and general welfare of the citizens of Contra Costa County and is enacted pursuant to the authority of 42 United States Code Sections 4001-4128; see especially 42 U.S.C. Section 4022; Government Code Sections 25120-25132; Title 44 of the United States Code of Federal Regulations at Section 60.3, (and "all applicable associated" Technical Bulletins); Health and Safety Code Section 450; and California Constitution, Article XI, Section 7 and Government Code Sections 65302, 65560 and 65800.

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

(1) The special flood hazard areas (SFHA) of Contra Costa County are areas subject to periodic inundation which results 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.

(2) These flood losses are caused by inadequate drainage facilities and the cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities. These losses may result when structures are inadequately anchored, elevated, floodproofed or protected from flood damage.

(3) Contra Costa County has experienced serious flooding, which has resulted in substantial property damage and the potential for loss of life. Adoption of a legally enforceable floodplain management ordinance which fully complies with the recently revised rules of the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA) will allow Contra Costa County to continue its participation in the NFIP. The continued participation of the county in the NFIP is desirable and promotes the public health, safety and welfare in that it provides insurance and federal assistance in the event of flood(s) within the county's jurisdiction. In the absence of such insurance, the county's vulnerability to damage and loss resulting from flood events may be substantial and potential flood damage represents an immediate threat to the public health, safety and welfare.

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

It is the purpose of this ordinance to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1) To protect human life and health;

(2) To minimize expenditure of public money for costly flood control projects;

(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) To minimize prolonged business interruptions during flooding;

(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines and streets and bridges located in areas of special flood hazard;

(6) To help maintain a stable tax base by providing for the use and development of areas of special flood hazard subject to review by permit and application of flood damage reduction standards so as to minimize future flood blight areas;

(7) To provide information to the general public regarding special flood hazard areas in the unincorporated areas of the county;

(8) To clearly establish that those who occupy the areas of special flood hazard should assume responsibility for their actions and the losses they may suffer; and

(9) To ensure that potential buyers are notified if property is in an area of special flood hazard.

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

In order to accomplish its purpose, this ordinance includes methods and provisions for:

(1) Restricting or prohibiting land uses that create a danger to health, safety and property due to water inundation or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

(2) Requiring that land use areas vulnerable to floods be protected against flood damage at the time of initial construction including facilities such as utilities, which serve them;

(3) Requiring that the design of streets and public access facilities include consideration of accessibility under the base flood conditions for emergency service vehicles and any rescue and relief operations;

(4) Controlling and limiting the alteration of natural floodplains, stream channels and natural protection barriers that help accommodate or channel floodwaters;

(5) Controlling filling, grading, dredging and other development which may increase flood damage;

(6) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas.

(7) Requiring orderly development of drainage facilities within watershed areas as development occurs;

(8) Recognizing the importance and beneficial functions of natural floodplains; and

(9) Requiring that all new construction and substantial improvements within floodplains be constructed in such a manner that flood damage will be minimized.

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