Chapter 16.08
FLOODPLAIN DEVELOPMENT STANDARDS

Sections:

16.08.010    Statutory authorization.

16.08.020    Purpose of provisions.

16.08.030    Definitions.

16.08.040    Permit required when.

16.08.050    Administrative authority.

16.08.060    Hazard reduction provisions.

16.08.070    Violation—Penalty.

16.08.010 Statutory authorization.

The legislature of the state has in Section 65302 of the California Government Code delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of supervisors of the county ordains as follows in this chapter. (Ord. 476 § 1, 1988)

16.08.020 Purpose of provisions.

It is the 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 specific areas by methods and provisions designed for:

A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion or flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural flood plains, stream channels and natural protective barriers which help accommodate or channel floodwaters;

D. Controlling filling, grading, dredging, and other development which may increase flood damage; and

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 476 § 2, 1988)

16.08.030 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A. “Flood” or “flooding” means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters,

b. The unusual and rapid accumulation or runoff of surface waters from any source;

2. 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 similarly unusual and unforeseeable event which results in flooding as defined in this definition.

C. “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).

D. “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 one hundred eighty consecutive days.

E. “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

F. “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 one hundred eighty 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 pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations 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 part of the main structure.

G. “Structure” means a walled and roofed building or mobile home that is principally aboveground.

H. 1. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty 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.

2. The term does not, however, include either:

a. 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

b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (Ord. 476 § 3, 1988)

16.08.040 Permit required when.

A development permit and/or building permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood-prone areas. (Ord. 476 § 4 (part), 1988)

16.08.050 Administrative authority.

A. The director of transportation/ county planner is appointed to administer and implement this chapter by granting or denying development permit and/or building permit applications in accordance with its provisions.

B. The local administrator shall review all permits to determine whether proposed building sites will be reasonably safe from flooding. (Ord. 476 § 4 (part), 1988)

16.08.060 Hazard reduction provisions.

A. If a proposed building is in a flood-prone area, all new construction and substantial improvements shall:

1. Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure;

2. Be constructed with materials resistant to flood damage;

3. Be constructed by methods and practices that minimize flood damage;

4. 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.

B. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposal shall be reviewed to assure that:

1. All such proposals are consistent with the need to minimize flood damage within the flood-prone area;

2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;

3. Adequate drainage is provided to reduce exposure to flood hazards.

C. Require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the systems.

D. Require within flood-prone areas:

1. New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

2. On-site waste disposal systems be located to avoid impairment to them or contamination from them during flooding. (Ord. 476 § 5, 1988)

16.08.070 Violation—Penalty.

Any person violating any provision of this chapter is guilty of an infraction and shall be fined an amount not to exceed one hundred dollars. (Ord. 476 § 6, 1988)