Kern County Municipal Code Art. I General Provisions

The Legislature of the State of California, has in Government Code Sections 65302, 65560, and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(Ord. No. G-9359, § 17, 11-4-25)

This chapter may be cited as the Kern County Floodplain Management Ordinance.

(Ord. No. G-9359, § 17, 11-4-25)

A. The flood hazard areas of unincorporated Kern County are 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.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage, also contribute to the flood loss.

(Ord. No. G-9359, § 17, 11-4-25)

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 provisions designed:

A. To protect human life and health;

B. To minimize expenditure of public money for costly flood control projects;

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

D. To minimize prolonged business interruptions;

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

F. To help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future blight areas;

G. To ensure that potential buyers are notified that property is in an area of special flood hazard;

H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

I. To comply with the requirements of the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations hereinafter referred to as the National Flood Insurance Regulations.

(Ord. No. G-9359, § 17, 11-4-25)

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety, and property loss due to water or erosion hazards, or which result in damaging increases in erosion or in 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 floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

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 flood waters or which may increase flood hazards in other areas.

(Ord. No. G-9359, § 17, 11-4-25)

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. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

2. "Agricultural structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are considered to have agricultural purposes or uses.

3. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

4. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

5. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

6. "Area of shallow flooding" means an area designated A, AO or AH Zone on the Flood Insurance Rate Map (FIRM), or an area identified by the Floodplain Administrator. The base flood depths have either not been determined (A Zone), they range from one to three feet (AO or AH Zone), or a depth has been established by the Floodplain Administrator; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

7. Area of special flood hazard. See "special flood hazard area."

8. "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation.

9. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any one (1) given year (also called the one hundred (100) year flood).

10. "Base flood elevation" means the water surface elevation of the base flood at a given location.

11. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

12. "Building." See "structure."

13. "Building official" means the director of the public works department of the county of Kern or his/her designee.

14. "Certification" by a registered professional engineer or other party does not constitute a warranty or guarantee of performance, expressed or implied. Certification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analyses is a statement that the analyses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance with sound engineering practices to provide protection from the base flood. Certification of as built conditions is a statement that the structure(s) has been built according to the plans being certified, is in place, and is fully functioning.

15. "Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

16. "Curvilinear line" means the border on either a Flood Hazard Boundary Map or Flood Insurance Rate Map that delineates the special flood, mudslide (i.e., mudflow), and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.

17. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavation, drilling operations, flood control projects, and other land-disturbing activities.

18. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.

19. "Erosion" means the process of the gradual wearing away of land masses. This peril is not per se covered under the National Flood Insurance Program.

20. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

21. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

22. "Fill" means the placement of fill material at a specified location to bring the ground surface up to a desired elevation.

23. "Fill material" can be natural sand, dirt, soil, or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick, or similar material as approved by the floodplain administrator on a case-by-case basis.

24. "Flood, flooding, or flood water" means: (1) a general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of flood waters, (b) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (c) mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and (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 force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.

25. "Flood elevation determination" means a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

26. "Flood elevation study" means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

27. "Flood hazard evaluation" means an official report provided by the floodplain administrator that includes, but is not limited to, the elevation requirement, depth of footing requirement, and certification of elevation requirement for any building permits issued by the building official in a special flood hazard area.

28. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

29. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary Floodway Map (FBFM), and the water surface elevation of the base flood.

30. "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in accordance with sound engineering standards.

31. "Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.

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

33. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations as administered by various federal, state and county agencies.

34. "Floodplain management regulations" mean the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as the Floodplain Management Ordinance or Grading Code), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

35. "Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

36. "Flood-related erosion" means the collapse or subsidence of land caused by the flow of water from a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding.

37. Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, also referred to as "regulatory floodway" or "designated floodway."

38. "Floodway encroachment line" means the lines marking the limits of floodways on federal, state, and local floodplain maps.

39. "Floodway fringe" means the area of a floodplain on either side of the designated floodway where encroachment may be permitted.

40. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

41. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, recreation, or a combination thereof. For floodplain management regulation purposes, habitable floor and lowest floor will share the same definition.

42. "High hazard area" means those portions on the alluvial fan subject to active erosional and depositional conditions. These areas are where the flood hazard potential is too severe for standard economic flood protection plans.

43. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction, upstream and next to the proposed walls of a structure.

44. "Historic structure" means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) by an approved state program as determined by the Secretary of the Interior, or (b) directly by the Secretary of the Interior in states with approved programs.

45. "Landfill" means a permitted location for the disposal, placement, or dumping of garbage, trash, debris, junk, or waste material.

46. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

47. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

48. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

49. "Manufactured home" means a structure, transportable in one (1) 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. The term manufactured home does not include a recreational vehicle.

50. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

51. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

52. "Mean sea level" means, for the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

53. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain.

54. "New construction" means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community and includes any subsequent improvements to such structures.

55. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

56. "Nonresidential building" means and includes, but is not limited to, small business concerns, churches, schools, nursing homes, farm buildings (including grain bins and silos), government buildings, mercantile structures, industrial plants, and warehouses.

57. "Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream.

58. "One hundred year flood" or "100-year flood" means a flood which has a one percent (1%) annual probability of being equaled or exceeded in any given year. It is identical to the base flood, which will be the term used throughout this chapter.

59. "Person" means and includes any individual or his agent, firm, group of individuals, partnership, association or corporation, or agent of the aforementioned groups, or any other entity including the State or its agencies or political subdivisions.

60. "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.

61. "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For floodplain management purposes, the term recreational vehicle also includes, but is not limited to, park trailers, travel trailers, and other similar vehicles.

62. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

63. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

64. "Scour depth" means the distance below prevailing ground resulting from the erosive action of running water which temporarily or permanently excavates and carries away material from the prevailing ground or channel bed during flooding.

65. "Sheet flow area." See "area of shallow flooding."

66. "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, or identified by the floodplain administrator.

67. "Start of construction" means and includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) 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 slabs or footings, the installation of piles, the construction of columns, or any work beyond the state 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

68. "Structure" means a roofed building with one (1) or more walls, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

69. "Subdivision" means any division of land subject to the Subdivision Map Act (California Government Code Sections 66410 et seq. as implemented by the Kern County Ordinance Code Title 18, Land Division Ordinance).

70. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure by reconstruction, rehabilitation, addition, or other improvement to its before damage condition equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred.

71. "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other proposed new development or improvement the cumulative replacement cost (including but not limited to materials and labor) of which equals or exceeds fifty percent (50%) of the current market value of the structure before the start of construction of the initial improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. This term does not, however, include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

72. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

73. "Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

74. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) for floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

75. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. G-9359, § 17, 11-4-25)

This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of unincorporated Kern County.

(Ord. No. G-9359, § 17, 11-4-25)

The areas of special flood hazard, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards are as listed below:

A. Those identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the scientific and engineering report entitled Flood Insurance Study, Kern County, California, Unincorporated Areas dated September 29, 1986, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps dated September 29, 1986, and all subsequent amendments and/or revisions.

B. Those included in the Department of Water Resources, Division of Flood Management, State of California, Reclamation Board, Kern River Designated Floodway Maps for the following reaches:

1. Tupman to Golden State Highway, April 19, 1976.

2. Tupman to Tulare Lake, November 12, 1976.

3. Golden State Highway to Lake Isabella Dam, June 20, 1978.

4. Lake Isabella to Tulare County, November 19, 1981.

5. Lake Isabella to Sequoia National Forest, November 19, 1981.

C. Those included on parcel and tract maps within unincorporated Kern County.

D. Those flood hazard studies prepared by, or for, the floodplain administrator.

The flood, erosion, and mudslide hazards identified by the above maps and/or studies are hereby adopted by reference and declared to be a part of this chapter. These maps and/or studies are on file at the office of the floodplain administrator as established in Section 17.48.160. These maps and/or studies may be revised and amended from time to time and shall go into effect thereafter pursuant to the provisions of the applicable federal, state, or local law.

As a basis for establishing areas of special flood, erosion, and mudslide hazards other than those listed above and imposing the flood protection requirements of this chapter, the floodplain administrator, as established in Section 17.48.160, or his authorized agent, shall obtain, review, and reasonably utilize the best flood data available from any source (federal, state, or other), such as high water marks, floods of record, or private engineering studies, maps, and reports.

(Ord. No. G-9359, § 17, 11-4-25)

No structure or land shall hereafter be constructed, located, extended, converted, altered, or substantially improved nor shall land be graded for development without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the floodplain administrator from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. No. G-9359, § 17, 11-4-25)

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. G-9359, § 17, 11-4-25)

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 nor repeal any other powers granted under state statutes.

(Ord. No. G-9359, § 17, 11-4-25)

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 man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Kern County, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. G-9359, § 17, 11-4-25)

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 chapter as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. G-9359, § 17, 11-4-25)