Chapter 12.05


12.05.010    Statutory authorization.

12.05.020    Statement of purpose.

12.05.030    Definitions.

12.05.040    Development permit.

12.05.050    Administration.

12.05.060    Permit review.

12.05.070    Provisions for flood hazard reduction.

12.05.080    City clerk’s office.

12.05.010 Statutory authorization.

The Legislature of the state of California has in Government Code statute 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 city council of the city of Biggs does ordain as set forth in this chapter. [Ord. 272 § 1.1, 1986]

12.05.020 Statement of purpose.

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:

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

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

(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters;

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

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. [Ord. 272 § 1.2, 1986]

12.05.030 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.

(1) “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

(2) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters; and/or

(b) The unusual and rapid accumulation of runoff of surface waters from any source.

(3) “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(4) “Mobile home” means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

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

(6) “Structure” means a walled and roofed building or mobile home that is principally above ground.

(7) “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 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. [Ord. 272 § 2, 1986]

12.05.040 Development permit.

A development permit shall be obtained for all proposed construction or other development in the community. The permit shall be for all structures, including mobile homes, and for all other development, including fill. [Ord. 272 § 3.1, 1986]

12.05.050 Administration.

The city clerk’s office is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. [Ord. 272 § 3.2, 1986]

12.05.060 Permit review.

The local administrator shall review all permits to determine whether proposed building sites will be reasonably safe from flooding. [Ord. 272 § 3.3, 1986]

12.05.070 Provisions for flood hazard reduction.

(1) If a proposed building is in a flood-prone area, all new construction and substantial improvements shall be:

(a) Designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure;

(b) Constructed with materials and utility equipment resistant to flood damage;

(c) Constructed by methods and practices that minimize flood damage.

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

(a) All such proposals are consistent with the need to minimize flood damage within the flood-prone area;

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

(c) Adequate drainage is provided to reduce exposure to flood hazards.

(3) Require within flood-prone areas:

(a) New and replacement water supply system to be designed to minimize or eliminate infiltration of floodwaters into the systems;

(b) 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;

(c) On-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. [Ord. 272 § 4, 1986]

12.05.080 City clerk’s office.

Where “city clerk’s office” is used, this means the public works director, consulting engineer, city engineer and/or city clerk will work jointly and hereby have these added responsibilities and are authorized and directed to enforce all the provisions of this flood damage prevention chapter. [Ord. 272 § 5, 1986]