Kern County Municipal Code Art. III Provisions for Flood Hazard Reduction

In all areas of special flood hazard, the following standards set out in Sections 17.48.250 through 17.48.350 are required.

(Ord. No. G-9359, § 17, 11-4-25)

A. All new construction, substantial improvements and other proposed new development shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. All manufactured homes shall meet the anchoring standards of Section 17.48.300.

(Ord. No. G-9359, § 17, 11-4-25)

A. All new construction, substantial improvements and other proposed new development shall be constructed with materials and utility equipment resistant to flood damage.

B. All new construction, substantial improvements and other proposed new development shall be constructed using methods and practices that minimize flood damage.

C. All new construction, substantial improvements and other proposed new development shall have electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities constructed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Require within special flood hazard areas adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(Ord. No. G-9359, § 17, 11-4-25)

A. Except for areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Nonresidential structures may meet the standards in Section 17.48.270(C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garages) may meet the elevation requirements of Section 17.48.270(E). Certification of the lowest floor elevation shall be provided in accordance with the Kern County Residential Code or the Kern County Building Code. Upon completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed land surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

B. For areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated at least one (1) foot above the shallow flooding depth or depth number specified in feet on the Flood Insurance Rate Map (FIRM), or at least two (2) feet if no depth number is specified. The elevation is to be measured from the highest adjacent grade upstream of the structure. Nonresidential structures may meet the standards in Subsection 17.48.270(C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garage) may meet the requirements of Subsection 17.48.270(E). Certification of the lowest floor shall be provided in accordance with the Kern County Residential Code or the Kern County Building Code as adopted. Upon the completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

C. Nonresidential construction shall either be elevated in conformance with Subsections 17.48.270(A) or (B) of this section or, together with attendant utility and sanitary facilities:

1. Be flood proofed one (1) foot above the base flood level so that the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

D. Require, for all new construction, substantial improvement and other proposed new development, that fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

1. Either a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding (as indicated by the elevation requirements of this section) shall be provided, the bottom of the openings shall be no higher than one (1) foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); or

2. Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.

E. For an uninhabitable attached garage or storage room on a residential structure usable solely for parking of vehicles, building access or storage in an area other than a basement, or for accessory structures (such as a shed or detached garage), not representing a significant investment as determined by the floodplain administrator in exercise of his reasonable discretion, may be allowed to have the finished floor of the attached garage, storage room or accessory structure built below the base flood elevation, provided that conditions shall be imposed relating to the construction and use of such accessory structure, as follows:

1. Such structure shall be firmly anchored to prevent flotation, collapse, or lateral movement which may result in damage to other property.

2. Such structure shall be constructed with materials resistant to flood damage.

3. Such structure shall have mechanical, plumbing and electrical systems, including plumbing fixtures elevated to or above the base flood elevation.

4. Such structure shall have flood openings in accordance with the building code and shall be constructed by methods and practices that minimize flood damage. The structure should be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters.

5. The structure shall not be used for human habitation, including, but not limited to, placement of laundry facilities, workshops, or other similar uses.

6. The structure shall comply with the requirements found in Section 17.48.270(D) above.

7. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures are one (1) story and not larger than six hundred (600) square feet when located in a special flood hazard area.

F. Manufactured homes shall also meet the standards in Section 17.48.300.

(Ord. No. G-9359, § 17, 11-4-25)

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

B. On-site waste disposal systems shall be designed and located to avoid impairment to them, or contamination from them, during flooding.

C. Other utilities are addressed at Sections 17.48.260 and 17.48.290.

(Ord. No. G-9359, § 17, 11-4-25)

A. All preliminary subdivision proposals shall identify the flood hazard areas and the elevation of the base flood consistent with this chapter.

B. All final subdivision plans will provide the elevations of proposed structure(s), and grading for pads. If the site is filled above the base flood elevations, the final pad elevation shall be certified by a registered professional engineer or surveyor and the certification provided to the floodplain administrator.

C. Where any portion of the proposed subdivision. Including proposals for manufactured home parks or subdivisions, lies within a flood hazard, the subdivision has more than fifty (50) lots or is larger than five (5) acres, and base flood elevations are not included on the FIRM, base flood elevations shall be determined in accordance with Section 17.48.190.

D. All subdivision proposals shall:

1. Be consistent with the need to minimize flood damage; and

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

3. Provide adequate drainage to reduce exposure to flood hazards.

(Ord. No. G-9359, § 17, 11-4-25)

A. All manufactured homes that are placed or substantially improved within a special flood hazard area either outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall:

1. Be elevated on a permanent foundation such that the top of the steel frame is one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement, or

2. If the manufactured home is to be placed on an earth pad, the finished pad elevation shall be one (1) foot above the base flood elevation and the manufactured home must be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision in a special flood hazard area that are not subject to the provisions of Subsection 17.48.300(A) shall be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement and elevated so that either;

1. The top of the steel frame, or the top of the finished pad when an earth pad is used to meet the elevation requirements, is one (1) foot above the base flood elevation, or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

(Ord. No. G-9359, § 17, 11-4-25)

All recreational vehicles placed on sites within areas of special flood hazard will either:

A. Be on site for fewer than one hundred eighty (180) consecutive days;

B. Be fully licensed and ready for highway use; or

C. Meet the permit requirements of Article III of this chapter and the elevation and anchoring requirements for manufactured homes in Section 17.48.300.

(Ord. No. G-9359, § 17, 11-4-25)

Located within areas of special flood hazard, established in Section 17.48.080, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless certification by a registered professional engineer or architect is provided through hydrologic and hydraulic analyses demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If Subsection 17.48.320(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.

(Ord. No. G-9359, § 17, 11-4-25)

Located within areas of special flood hazard on alluvial fans, established in Section 17.48.080, are well-defined watercourses and overflow channels which are designated as severe flood hazard areas. Since the severe flood hazard area is an extremely hazardous area due to the severe and erratic lateral and vertical erosion potential from high velocity flood waters, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless any flood protection measures are designed and certified by a registered professional engineer or architect as providing adequate slope, scour, and elevation protection, and that any encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge within the severe flood hazard area.

B. If Subsection 17.48.330(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.

(Ord. No. G-9359, § 17, 11-4-25)

A. The floodplain administrator shall review permits for proposed construction or other proposed new development to determine if it is proposed within a mudslide area as known to the community.

B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:

1. The type and quality of soils;

2. Evidence of groundwater or surface water problems;

3. The depth and quality of any fill;

4. The overall slope of the site; and

5. The weight that any proposed development will impose on the slope.

C. Within areas which have mudslide hazards, the following requirements apply:

1. A site investigation and further review shall be made by persons qualified in geology and soils engineering;

2. Proposed new development shall be adequately designed and protected against mudslide damages;

3. The proposed grading, excavations, new construction, substantial improvements, and other proposed new development do not aggravate the existing hazard by creating either on-site or off-site disturbances; and

4. Drainage, planting, watering, and maintenance shall not endanger slope stability.

(Ord. No. G-9359, § 17, 11-4-25)

A. The floodplain administrator shall review all permits for proposed construction and other proposed new development within all flood-related erosion hazard areas as known to the community.

B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

(Ord. No. G-9359, § 17, 11-4-25)