Article IV — STANDARDS FOR SUBDIVISIONS

17.29B.140 - Standards for subdivisions.

All new tentative subdivision proposals and other proposed large developments including proposals for manufactured home parks (no matter the acreage or number of lots) shall:

A.

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

B.

If the site is filled above the base flood elevation, the lowest floor and final pad elevation shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator.

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

F.

The creation of new parcels, which have no building sites outside of the one hundred-year floodplain is prohibited, except for the creation of open space parcels.

(Ord. No. 315-776A, § 1, 10-20-09)

ARTICLE V. - GENERAL PROVISIONS

17.29B.150 - Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Trinity County.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.160 - Basis for establishing the areas of special flood hazards.

A.

The areas of special flood hazard are identified by the Federal Emergency Management Agency or the Federal Insurance Administration. These flood insurance studies are the minimum area of applicability of this chapter and may be supplemented by other studies, as approved by the board of supervisors upon a recommendation from the floodplain administrator.

B.

Special flood hazard areas identified by the Federal Emergency Management Agency or the Federal Insurance Administration are described in the following scientific and engineering reports:

1.

The Federal Emergency Management Agency report entitled "Flood Insurance Study for Trinity County," dated August 16, 1988, as amended on April 17, 1996 and September 2, 2009 and any subsequent revisions, with accompanying flood insurance rate maps.

2.

The U.S. Army Corps of Engineers, San Francisco District, report entitled "Floodplain Management Services Special Study, Weaverville Streams, Trinity County, California," dated August 1989, with accompanying flood maps and Trinity River aerial photographs dated 1/17/74 and 1/21/74 (Flight #1, TRP 5 and 6 and Flight #2, TRP 7 & 8, respectively) which are hereby adopted by reference and declared to be part of this chapter.

C.

Special flood hazard areas identified by other studies approved by the board of supervisors are described in the following scientific and engineering reports:

1.

The California Department of Water Resources, Northern District, report titled "Trinity River Hydraulic Study, North Fork Trinity to Lewiston Dam," dated July 18, 2007.

These flood studies are on file at the Trinity County Planning Department, P.O. Box 2819, 61 Airport Road, Weaverville, CA 96093-2819.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.170 - Compliance.

All departments, officials, and public employees of the County of Trinity, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, and any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be null and void.

A.

It shall be the duty of the building inspector to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. It shall be the duty of all officers of the County of Trinity to enforce this chapter, and all the provisions of the same.

B.

Any person, firm or corporation who violates any of the regulatory provisions of this chapter is guilty of an offense punishable as a misdemeanor or infraction. Any person convicted of a misdemeanor shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months in the county jail, or by both such fine and imprisonment. Any person convicted of an infraction shall be punished by a fine of not more than two hundred fifty dollars.

Each person is guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted, and shall be punished accordingly.

C.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provision of this chapter, and/or any use of any land, building or premises, established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be declared to be unlawful and a public nuisance, and the district attorney of said county shall, upon order of the board of supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts, as may have jurisdiction, to grant such relief as will enjoin any person, firm, or corporation, from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this chapter.

D.

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.180 - Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any 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.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.190 - Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A.

Considered as minimum requirements;

B.

Liberally construed in favor of the governing body; and

C.

Deemed neither to limit or repeal any other powers granted under state statutes.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.200 - 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 manmade 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 damage. This chapter shall not create liability on the part of Trinity County, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.210 - 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 ordinance as a whole, or any portion thereof, other than the sections so declared to be unconstitutional or invalid.

(Ord. No. 315-776A, § 1, 10-20-09)

ARTICLE VI. - ADMINISTRATION

17.29B.220 - Requirement of a floodplain development permit.

A floodplain development permit shall be obtained before construction or development begins within areas zoned FH or FHO, as established in Articles II and III. Application for a floodplain development permit shall be made on forms furnished by the floodplain administrator that may require, 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; the location of the foregoing, and other information specified by the floodplain administrator. Specifically, the following information is required:

A.

A site plan, including but not limited to:

For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site;

2.

Proposed locations of water supply, sanitary sewer, and utilities;

3.

The base flood elevation from the flood insurance study and/or flood insurance rate map; and

4.

If applicable, the location of the regulatory floodway.

B.

Foundation design detail, including but not limited to:

1.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

2.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 17.29B.130(C)(3) of this chapter and FEMA Technical Bulletins TB 1-93 and TB 7-93; and

3.

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method).

C.

The proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in Section 17.29B.130(C)(2) of this chapter and FEMA Technical Bulletin TB 3-93.

D.

All appropriate certifications listed in Section 17.29B.240(D) of this chapter.

E.

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

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.230 - Designation of the floodplain administrator.

The planning director is hereby appointed to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions.

A planning commissioner, county supervisor or the floodplain administrator, may at his or her discretion, refer the permit to the planning commission for a public hearing and approval.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.240 - Duties and responsibilities of the floodplain administrator.

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

A.

Review all development permits to determine that:

1.

The permit requirements of this chapter have been satisfied.

2.

All other required state and federal permits have been obtained.

3.

The site is reasonably safe from flooding.

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. This 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 within the County of Trinity.

5.

All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

6.

The proposed development does not limit the ability to flush sediment through the Trinity River by the use of controlled water releases from Lewiston Dam.

7.

The proposed development does not adversely impact fish or wildlife resources associated with riparian vegetation within an area of special flood hazards.

B.

Review and use of other base flood data:

1.

When base flood elevation data has not been provided in accordance with Section 17.29B.160, 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 Article III. Any such information shall be submitted to the board of supervisors for adoption; or

2.

If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100year) Flood Elevations" dated July 1995.

C.

Whenever a watercourse is to be altered or relocated:

1.

Notify adjacent communities, the California Department of Fish and Game, the Army Corps of Engineers, the North Coast Regional Water Quality Control Board and the California Department of Water Resources prior to such alteration or relocation of a watercourse;

2.

Submit evidence of such notification to the Federal Insurance Administration, and Federal Emergency Management Agency; and

3.

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

D.

Whenever the base flood elevation changes due to physical alterations:

1.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

2.

All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

E.

Obtain and maintain for public inspection and make available as needed:

1.

The certification required in Section 17.29B.130(C)(1), 17.29B.130(E)(3) (lowest floor).

2.

The certification required in Section 17.29B.130(C)(2)(c) (elevation, or flood proofing of nonresidential structures).

3.

The certification required in Section 17.29B.130(C)(3) (wet flood proofing standard).

4.

The certification required in Section 17.29B.090(A) and 17.29B.130(D) (floodplain/floodway encroachments)

5.

The certification required in Section 17.29B.140(B) (subdivision standards).

6.

The certification required in Section 17.29B.070(A), (construction or replacement of bridges, culverts, roadways, bank slope protection devices and levees, and fisheries or wildlife habitat improvement projects).

F.

Make interpretations, where needed, as to the location of the boundaries of the area of special flood hazards. Where there appears to be a conflict between a mapped boundary and actual field conditions, 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 Article VII.

G.

Take action to remedy violations of this chapter as specified in Section 17.29B.170 herein.

H.

To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:

1.

Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

2.

Enter into a "Non-Conversion Agreement for Construction within Flood Hazard Areas" with Trinity County. The agreement shall be recorded with the Trinity County Recorder as a deed restriction. The nonconversion agreement shall be in a form acceptable to the floodplain administrator and county counsel; and

3.

Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least seventy-two hours.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.250 - Environmental review.

Floodplain development permits issued pursuant to the provision of this chapter shall comply with the provisions of the California Environmental Quality Act as set forth in Title 18 of the Trinity County Code.

(Ord. No. 315-776A, § 1, 10-20-09)

ARTICLE VII. - VARIANCE PROCEDURES

17.29B.260 - Appeal board.

A.

The planning commission of Trinity County shall hear and decide appeals and requests for variances from the requirements of this chapter. Any person dissatisfied with a determination of the planning commission may appeal the matter to the board of supervisors. All appeals are subject to the administrative procedures set forth in the Trinity County Zoning Ordinance.

B.

The planning commission 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 chapter.

C.

In passing upon such applications, the planning commission and/or board of supervisors shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and:

1.

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

2.

The danger of 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 and future owners of that property.

4.

The importance of the services provided by the proposed facility to the community.

5.

The necessity to the facility of a waterfront location where applicable.

6.

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

7.

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

8.

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

9.

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

10.

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

11.

The cost 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 systems, and streets and

bridges.

12.

The impacts on fish and wildlife resources associated with floodplains.

D.

Generally, variances may be issued for new construction and for substantial improvement 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 subsection (C)(1), through (C)(12), have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

E.

Upon consideration of the factors of subsection C and the purposes of this chapter, the planning commission and/or board of supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F.

The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.270 - Conditions for variance.

A.

Variances may be issued for the repair, rehabilitation or restoration of structures listed in the National Register of Historic Places or State Inventory of Historic Places, 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.

B.

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

C.

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

D.

Variances shall only be issued upon:

A showing of good and sufficient cause.

2.

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

3.

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

E.

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 provision of subsection A through D 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.

F.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain administrator in the office of the Trinity County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. No. 315-776A, § 1, 10-20-09)