Article I — IN GENERAL

Sec. 102-1. - Prerequisites to issuance of building permit.

(a)

A building permit shall be issued when:

(1)

The building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of the building codes of the city and other pertinent laws and ordinances and city fees specified have been paid.

(2)

Workers' Compensation Insurance is provided for those who will work on the project.

(3)

Arrangements have been made to provide water service to the property.

(4)

Arrangements have been made to provide for sewage disposal.

(5)

School impact fees have been paid.

(6)

Substandard residential street development fees have been paid.

(b)

An applicant shall satisfy the requirements of this section by:

(1)

Making an application and submitting all required plans and specifications showing compliance with the requirements of the building codes of the city and other pertinent laws and ordinances and pay the specified fees.

(2)

Providing a certificate of insurance showing Workers' Compensation coverage or filing an affidavit that the project will be undertaken by the owner of the property as the builder.

(3)

Obtaining a certificate from the Indian Wells Valley Water District for water service.

(4)

Making arrangements with the sanitation department of the city for sewage disposal.

(5)

Paying the impact fees established by the Sierra Sands Unified School District.

(6)

Paying the building official the substandard residential street development fees.

(Code 1980, § 9-1.10; Ord. No. 87-29, § 3; Ord. No. 92-15, § 9)

Sec. 102-2. - Substandard development fees.

(a)

The council may from time-to-time by resolution designate substandard residential streets. As used herein, the term "substandard residential street" refers to a street or street segment in a residential zone which is not constructed in accordance with the Standard Specifications for Public Works Construction, as heretofore approved by the council.

(b)

Whenever the director of public works believes that a residential street is substandard, the director shall prepare a report and recommendation describing the substandard street, whether substandard residential development fees should be levied, and the amount of such fees. To the extent practicable, the fees recommended by the director shall be uniform throughout the city for like classes. The director's report and recommendation shall be presented to the council at a public hearing preceded by ten days' prior published notice. At the hearing, the council shall determine whether the street or street segment is substandard, whether substandard residential street development fees should be levied, and the amount of such fees. The testimony of the director and all interested persons shall be considered by the council. The council's decision shall be final.

(c)

The building official shall collect the fees described in this subsection as a prerequisite to the issuance of a building permit for any residential structure fronting upon a street which the council has determined to be substandard. In no event shall the substandard residential street development fee exceed the cost of rehabilitating that portion of the street in front of the property for which the permit is to be issued.

(Code 1980, § 9-1.11; Ord. No. 87-29, § 4)

(a)

The council shall, from time-to-time, establish fees for the cost of reviewing and issuing each application for a permit or other entitlement for use as set forth in this chapter including all costs incurred by staff to review applications, inspect property, hear appeals and provide legally required notices and other reports and recommendations.

(b)

The building official may establish fees for miscellaneous services and materials not set by the council provided the official shall establish no fee in excess of the cost of providing the service or material for which the fee is levied and provided further the official shall submit a report to the council at least 20 days before the effective date of the fee. The fee shall not be effective if the council disapproves.

(Code 1980, § 9-2; Ord. No. 119, §§ 1—3; Ord. No. 85-03, § 9; Ord. No. 87-10, § 8; Ord. No. 87-29, § 5)

Secs. 102-4—102-23. - Reserved.

ARTICLE II. - TECHNICAL CODES

Any person violating any provision of the code adopted in this article which either prohibits or makes mandatory the doing of any act, or which makes mandatory any standard or means of construction is an infraction.

(Code 1980, § 9-5.5; Ord. No. 80-12, § 7)

The California Building Standards Code promulgated pursuant to the California Building Standards Law (Health and Safety Code § 18901 et seq.), as now or hereafter amended, is hereby adopted.

Secs. 102-26—102-53. - Reserved.

ARTICLE III. - MOVING OF BUILDINGS

Sec. 102-54. - Import of building without a permit prohibited.

No person, firm or corporation shall move any building from any place outside of the city to any place within the city without a permit.

(Code 1980, § 9-3.1; Ord. No. 91, § 1; Ord. No. 85-21, § 1)

Sec. 102-55. - Through transit excepted.

The preceding provision shall not preclude any person from transporting a building through the city to a place outside of the city upon compliance with the provisions of this article.

(Code 1980, § 9-3.2; Ord. No. 91, § 2)

Sec. 102-56. - Temporary structures excepted.

Nothing herein shall preclude the transporting into or use within the city of temporary facilities in accordance with or as required by other applicable ordinances or regulations, such as construction offices, storage sheds, portable sanitation facilities, tents, bleacher seats, construction barricades, and similar facilities, for use and if used only in connection with construction or other temporary activity lawfully conducted within the city.

(Code 1980, § 9-3.3; Ord. No. 91, § 3)

Sec. 102-57. - Disaster shelter excepted.

Nothing herein shall preclude the installation of a prefabricated disaster shelter in accordance with applicable ordinances or regulations.

(Code 1980, § 9-3.4; Ord. No. 91, § 4)

Sec. 102-58. - Permit required.

No person, firm or corporation shall:

(1)

Move any building through the city without first obtaining a moving permit; or

(2)

Relocate any building in the city upon the same lot or to any other lot or place within the city without first obtaining a relocation permit; or

(3)

Remove a building from inside the city to any place outside the city without first obtaining a removal permit.

(Code 1980, § 9-3.5; Ord. No. 91, § 5)

Sec. 102-59. - Building compliance.

No relocation permit for any building shall be issued if at and immediately prior to the time of making application for such permit such building does not comply, in the opinion of the building official, with every applicable provision of the ordinances of the city.

(Code 1980, § 9-3.6; Ord. No. 91, § 6)

For each examination or re-examination, the applicant shall pay in advance a fee established by resolution for each structure, no part of which shall be refundable.

(Code 1980, § 9-3.7; Ord. No. 91, § 7)

Upon the filing of the application for a relocation permit and payment of the fee as required herein, the building official shall examine the building therein described, and shall inspect the proposed new location of such building. The building official shall thereafter notify the applicant, personally or by mail, of the results of such examination and of the city's additional requirements, if any, for relocating such building, and whether the building qualifies for relocation under the provisions of all applicable ordinances.

(Code 1980, § 9-3.8; Ord. No. 91, § 8)

Every person intending to move any building through the city, or to remove any building from the city, or to relocate any building within the city, shall first file with the building official an application for a move examination. Each such application shall be accompanied by detailed plans and specifications in duplicate of the building proposed to be moved. The application shall include or be accompanied by the following, or so much thereof as may be applicable:

(1)

The name, address and telephone number of the owner of the building proposed to be moved, removed or relocated.

(2)

The name, address and telephone number of the person, firm or corporation who will be in charge of the job and responsible for the moving, removal or relocation of the building and for compliance with all of the requirements of this article. This shall include the name, address and telephone number of the contractor who will move the building and his state contractor's license number.

(3)

The street address and legal description of the property from which the building is to be moved, or upon which the building, is to be relocated, and the street address that will become applicable to the building upon its relocation.

(4)

As to buildings proposed to be relocated, a plat plan showing the proposed new location of the building.

(5)

The route proposed to be used for the moving of such building, and the date and hour of the proposed moving, and such other information as may be required by the building official.

(6)

The maximum height above street level that any portion of the building will be while being moved.

(7)

As to buildings intended to be relocated within the city, a plan of the foundation to be provided at the proposed new site.

(8)

Structural details of any additions or alterations to be made to the building, if it is to be relocated within the city.

(9)

A photograph of the building proposed to be removed or relocated.

(10)

Each application shall be signed by the applicant or his authorized agent. If signed by an agent, the agent may be required to submit evidence of his authority to so sign the application.

(11)

A written promise and agreement that if the amount of the completion bond provided for herein proves inadequate to pay all costs of completing the moving and relocating of the building by the city if the applicant defaults, then the applicant shall pay to the city such additional sum as may be required to complete such relocation or moving, together with all costs and expenses of collecting same, including attorney's fees.

(Code 1980, § 9-3.9; Ord. No. 91, § 9)

Sec. 102-63. - Bond requirement.

Before any permit to move, relocate or remove any building is issued, the applicant shall deposit with the city either cash or a surety bond in an amount determined by the building official to be proper and adequate under the circumstances. In no event shall the deposit be less than the amount established by resolution for relocation permit. If all work incident to the moving, relocation or removal operation is completed fully and to the satisfaction of the building official, and in compliance with all applicable ordinances, the cash or bond deposited shall be returned to the applicant. If, however, the applicant fails to complete all work covered by the permit within 30 days after written notice from the building official, the city may cause to be done all work necessary to the replacement of the building upon the original lot, or the placing of the building on the new lot in complete working order and ready for occupancy, or if such is not feasible, then such other disposition of the structure as may be deemed advisable, including the destruction thereof, and the cleaning and clearing of all building sites involved in said move, and shall make use of the cash or surety bond to pay the expenses of such work.

(Code 1980, § 9-3.10; Ord. No. 91, § 10)

If the applicant does not apply for and obtain the relocation permit and building permit within 90 days after the giving of the notice provided in section 102-63, he shall be required to request a move re-examination and to pay the fee specified for such re-examination.

(Code 1980, § 9-3.11; Ord. No. 91, § 11)

Sec. 102-65. - Insurance.

Before issuance of any permit under this section, the applicant shall deposit with the city the following:

(1)

A certificate of insurance coverage in the amounts hereinafter specified, issued by a corporation authorized to do insurance business within the state, which certificate shall provide that the insurance thereby represented will not be cancelled, reduced or allowed to expire unless written notice is sent to the city at least ten days in advance of any such cancellation, reduction or expiration. All such insurance certificates shall be submitted to the city attorney for his approval before acceptance by the city.

(2)

Public liability insurance shall be taken out and maintained by any applicant to protect against loss from liability for damages to persons or property. Such insurance shall be in amounts reasonably determined by the building official. This requirement shall not be construed to limit in any way the extent to which the permittee may be held responsible for the payment of damages.

(3)

The provisions of this section shall not apply to the state, any political subdivision thereof, or to any governmental agency, when moving a building by its own personnel.

(Code 1980, § 9-3.12; Ord. No. 91, § 12)

The amount of the completion bond provided for herein may serve as a basis for evaluation of the amount of the building permit fee.

(Code 1980, § 9-3.13; Ord. No. 91, § 13)

Sec. 102-67. - Zoning compliance.

Every building or structure relocated within the city shall comply with all applicable provisions of the zoning laws.

(Code 1980, § 9-3.14; Ord. No. 91, § 14)

The removal or relocation of any building or structure within the city shall be completed in all respects within 30 days after issuance of the permit therefor. Unless extended by the building official for good cause, every such relocation permit shall expire and be of no effect after 30 days from date of issuance. Relocation shall not be deemed completed until the building is lowered onto its foundation at the new site, all exterior damage to the building caused by relocation has been repaired, and the former building site is cleared of all debris, footings and foundations and the site is leveled to finished grade.

(Code 1980, § 9-3.15; Ord. No. 91, § 15)

The site in the city from which a building is removed shall be cleared of all foundations, driveways and walkways and all portions thereof, shall have all loose combustible materials and debris removed therefrom, and all excavations shall be filled in with soil free of debris, all of which shall be accomplished within 30 days from the time said building is removed.

(Code 1980, § 9-3.16; Ord. No. 91, § 16)

Sec. 102-70. - Final inspection.

Upon completion of the relocation of a building within the city, the person, firm or corporation owning the same or the legally authorized representative thereof shall request an inspection from the building official. The building official shall inspect the building and, if he finds that all applicable provisions of this section have been complied with, he shall issue a written statement to that effect.

(Code 1980, § 9-3.17; Ord. No. 91, § 17)

Sec. 102-71. - Use or refund of bond.

Upon presentation of such statement referred to in the preceding section to the city clerk, the cash or surety bond deposited shall be returned after first deducting all unpaid fees that may be due the city under any applicable provisions of this section, the cost, as determined by the building official or other city department head, of repair or replacing any public property damaged by the relocation or moving of the building, the sum as established by resolution for each day or fraction thereof beyond the time limit prescribed for the completion of the relocation of the building as hereinabove set forth, during which the relocation of the building remains uncompleted. If the applicant deposited a surety bond instead of cash, the bond shall not be returned or cancelled until the applicant has paid all sums referred to herein.

(Code 1980, § 9-3.18; Ord. No. 91, § 18)

Sec. 102-72. - Posting permit.

The permit issued pursuant to this section shall be posted on the front of the building being moved. (Code 1980, § 9-3.19; Ord. No. 91, § 19)

Sec. 102-73. - Lighting.

Every building, while being moved upon any street, alley or public property, shall at all times between sunset and sunrise be illuminated by adequate warning devices placed at each corner of the building and at the end of any projection.

(Code 1980, § 9-3.20; Ord. No. 91, § 20)

Sec. 102-74. - Parking.

No person shall place or park any building upon any public street, alley or property without the prior written approval of the chief of police and of the chief of the fire department.

(Code 1980, § 9-3.21; Ord. No. 91, § 21)

Sec. 102-75. - Height.

If the highest point of the building when loaded and ready for moving is more than 16 feet above the ground surface, the cost of rearranging, protecting and restoring the equipment of any public utility affected shall be borne by the permittee.

(Code 1980, § 9-3.22; Ord. No. 91, § 22)

Sec. 102-76. - Emergency change.

If any emergency requiring the use of city streets for any purpose with which the moving of a building would interfere, the building official or chief of police shall have the authority to require a change of route to avoid such interference.

(Code 1980, § 9-3.23; Ord. No. 91, § 23)

Sec. 102-77. - Utility clearance; notice to city departments.

No permit shall be issued until all public utilities having wires or posts overhead or aboveground structures along the proposed route of moving have been notified by the applicant, and proof of such notification submitted to the building official, and an opportunity afforded such public utilities to investigate such route and call attention of the building official to any special problems which may be involved. The building official, in his discretion, may refuse to issue a permit until a satisfactory solution to such problems has been provided. No permit to move any building upon the streets of the city shall be issued until the police department, the fire department, the street department, and any other departments involved, have been notified and have approved in writing the date and hours during which the moving process is scheduled to take place, the proposed route along which the building is to be moved, and the proposed time table for the moving of such structure upon or along city streets, including all periods of time during which the structure will be upon city streets, whether in motion or stationary. No route shall be approved unless the applicant furnishes to the building official a certificate from each public utility company maintaining or operating facilities along such route that its facilities will not be required to be relocated or interrupted by the moving, or that satisfactory arrangements have been made by the applicant for the removal, relocation or restoration of such company's facilities.

(Code 1980, § 9-3.24; Ord. No. 91, § 24)

Sec. 102-78. - Disconnection of utilities.

No moving, removal or relocation permit shall be issued until all utility services have been shut off and disconnected from the building to be moved.

(Code 1980, § 9-3.25; Ord. No. 91, § 25)

Sec. 102-79. - License required.

No person, firm or corporation except a house mover licensed by the state shall move, remove or relocate any building within, from or through the city.

(Code 1980, § 9-3.26; Ord. No. 91, § 26)

Every person, firm or corporation moving, removing or relocating a building from, through or within the city shall be responsible for all damages or injuries caused by such activities.

(Code 1980, § 9-3.27; Ord. No. 91, § 27)

Sec. 102-81. - Moving equipment.

The wheels and rollers of all equipment used in moving buildings shall have sufficient tire or bearing width to prevent grooving, marring or otherwise damaging any street, alley or public property upon which they may be used.

(Code 1980, § 9-3.28; Ord. No. 91, § 28)

Secs. 102-82—102-104. - Reserved. ARTICLE IV. - FENCES AND WALLS

Sec. 102-105. - Penalties.

Any violation of this article shall be a misdemeanor.

(Code 1980, § 9-4.3; Ord. No. 118, §§ 1—3)

All fences or walls over 30 inches in height not otherwise covered by provisions of the state building standards code, as adopted by the city, constructed from bricks, blocks, tiles, stones or other units composed of concrete, clay, rock, cinders, shale or any other materials shall be constructed in a strong and substantial manner with adequate reinforcing and substantial footings so as not to constitute a hazard.

(Code 1980, § 9-4.1)

No person shall erect, construct, enlarge or alter any such fence or wall without first obtaining a separate building permit for each such structure, and no such building permit shall be issued without the approval of the building official of the city who shall impose the necessary conditions to ensure that the fence or wall shall be constructed as set forth hereof, and shall not otherwise be a hazard.

(Code 1980, § 9-4.2; Ord. No. 118, §§ 1, 2)

Secs. 102-108—102-127. - Reserved.

ARTICLE V. - MONITORING FEE ON VACANT OR BOARDED BUILDINGS

Sec. 102-128. - Vacant or boarded buildings; findings.

(a)

Vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure it does not become a liability to the neighborhood. Vacant buildings often attract transients, homeless people, and criminals, including molesters and drug abusers. Use of vacant buildings by transients and criminals who may employ primitive cooking or heating methods, creates a risk of fire for the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings, which are boarded up to prevent entry by transients and other long-term vacancies, discourage economic development and retard appreciation of property values.

(b)

One vacant property, which is not actively being managed and maintained, can be the core and cause of spreading blight.

(c)

Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the city needs to monitor vacant buildings every 90 days, to ensure that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood. Among those city departments involved in such monitoring are the community development department, the public works department, and the police department. There is a substantial cost to the city for monitoring vacant buildings whether or not those buildings are boarded up.

(d)

This cost should not be borne by the general taxpayers of the community but rather these costs should be borne by those who choose to leave their buildings vacant.

(Code 1980, § 9-8.1; Ord. No. 01-12, § 2)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boarded building means a building in which at least 30 percent of the window and door surface has been covered over with plywood or other material for the purpose of preventing entry into the building by persons or animals.

Vacant building means a residential or commercial building designed for human use or occupancy standing vacant for more than 90 consecutive days.

(Code 1980, § 9-8.2; Ord. No. 01-12, § 3)

Sec. 102-130. - Monitoring fee.

(a)

Every owner of a vacant or boarded building shall pay a monitoring fee in an amount to be set by resolution of the city council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant or boarded building. The building will be subject to a repeat monitoring every 90 days until the building is occupied. The owner will be responsible for the cost of each additional monitoring as set forth above.

(b)

The monitoring fee shall be waived upon a showing by the owner, to the satisfaction of the community development director, that:

(1)

The owner has applied for and is diligently pursuing a building permit or other permits necessary to occupy the building.

(2)

The owner is proceeding diligently to repair the premises for occupancy.

(3)

The building is actively being offered for sale, lease or rent by the owner as evidenced by advertisements in the newspaper and other publications and/or listing with a licensed realty brokerage and is being actively maintained towards that end as evidenced by the following; maintenance of exterior paint conditions, prevention of weed and trash accumulation, and maintenance of doors and windows.

(Code 1980, § 9-8.3; Ord. No. 01-12, § 4)

(a)

The monitoring fee shall be billed to the owners of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor.

(b)

Any owner billed may apply for a waiver by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the community development director within 30 days after the billing is mailed to the owner. The community development director shall review the written statement and may contact the owner to discuss the application for waiver. The community development director shall prepare a written decision, which shall be mailed to the owner. Any owner aggrieved by the decision of the community development director relating to an application for a waiver may within 30 days of the community development director's decision appeal the decision by submitting a written notice of appeal and request for city council hearing to the office of the city clerk.

(c)

If the fee is not paid within 60 days after billing or within 60 days after the decision of the community development director or city council becomes final, the city council may order the fee be specially assessed against the property. The city council shall confirm the assessment and thereafter the assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of collection, and enforcement of real property taxes are applicable to the special assessment. The city council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth in the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the lien.

(Code 1980, § 9-8.4; Ord. No. 01-12, § 5)

Secs. 102-132—102-159. - Reserved. ARTICLE VI. - SWIMMING POOLS AND OTHER BODIES OF WATER[[2]]

Footnotes:

--- ( 2 ) ---

State Law reference— Swimming Pool Safety Act, Health and Safety Code § 115920 et seq.

Sec. 102-160. - Penalty for violations.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.

(Code 1980, § 11-1.11; Ord. No. 39, §§ 8—11)

Sec. 102-161. - Exemption.

The provisions of this article are inapplicable to swimming pools constructed on or after January 1, 2007.

Sec. 102-162. - Protective enclosure for swimming pools, etc.

Every person who shall own or be in the possession of any premises on which there is situated on the effective date of the ordinance from which this article is derived or any time thereafter, a swimming pool, fish pond, wading pool, or any other outside body of water created by artificial means, any of which had a water depth of 18 inches or more in any portion thereof, shall maintain on the lot or premises upon which such swimming pool, fish pond, wading pool, or other artificial body of water is located and completely surrounding such body of water, lot or premises, a fence, wall, or other adequate structure to make such body of water inaccessible to small children. Such fence, wall or other structure must be not less than five feet in height with no openings large enough to admit a child except through doors or gates as hereinafter provided.

(Code 1980, § 11-1.1; Ord. No. 39, § 1)

Sec. 102-163. - Protective enclosures for canals and ditches.

Any person who shall own, be in possession of, maintain, or have control over any open canal or ditch or any portion thereof, whether artificially created or not, in which there is maintained, either permanently or occasionally, any water, which water is of a depth of 18 inches or more in any portion of said canal or ditch, owned, possessed, controlled or maintained by said person, shall surround said portion of such canal or ditch with a fence, wall, or other adequate structure to make such canal or ditch inaccessible to small children. Such fence, wall, or other structure must be not less than five feet in height with no openings large enough to admit a child except through doors or gates as hereinafter provided.

(Code 1980, § 11-1.2; Ord. No. 39, § 2)

All doors or gates shall be of such size as to completely fill any opening in the fence, wall, or other structure and shall be equipped with self-closing and self-latching devices on the inside capable of keeping such gate or door located not less than four feet above grade or otherwise be inaccessible from the outside to small children. In lieu of such self-closing and self-latching devices, said doors and gates may be equipped with locks which shall be kept locked at all times when said pool, pond or other body of water is not in actual use; except that in the case of canals and ditches all gates or doors shall be kept locked at all times, unless adequately supervised.

(Code 1980, § 11-1.3; Ord. No. 39, § 3)

The following construction standards shall apply to fences or walls created in compliance with this section:

(1)

Wood. Redwood or pressure treated posts not less than three inches by three inches, set not more than ten feet apart, embedded at least 18 inches in the ground. Vertical boards at least one-half-inch thick shall be fastened securely to not less than two horizontal rails at least two inches by three inches in dimension.

(2)

Wire. Galvanized wire mesh, minimum 11 gauge, with galvanized pipe posts of at least 1¼-inch diameter spaced not more than ten feet apart. Posts shall be set not less than 12 inches in concrete, in post holes six inches in diameter and 18 inches deep.

(3)

Masonry. Shall have concrete footing at least 12 inches wide and six inches thick, with a bottom not less than 12 inches below the ground surface. Any wall reinforcing steel shall be embedded in the footing.

(Code 1980, § 11-1.4; Ord. No. 39, § 4)

In lieu of maintaining a fence, wall, or other enclosing structure, such person may provide a competent person who shall keep the pool, canal or ditch under observation at all times while water is kept in said

pool, canal or ditch. In the event the pool, canal or ditch is not under the observation of a competent person, a cover or other protective device approved by the city building inspector of the city may be used to make such water inaccessible to small children.

(Code 1980, § 11-1.5; Ord. No. 39, § 5)

Sec. 102-167. - Time for compliance.

All persons, maintaining such swimming pools, fish ponds, wading pools, canals, ditches, or other outside bodies of water created by artificial means or otherwise, shall comply with the provisions of this section within 60 days after the effective date of the ordinance from which it is derived.

(Code 1980, § 11-1.6; Ord. No. 39, § 6)

The city building inspector may allow slight modifications for good cause shown in individual cases with respect to the height of the fence, wall, or other enclosing structure or the nature or position of the latch or other locking device. The city building inspector may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, wall, or other enclosing structure and the gate, door, latch or other locking devices described herein.

(Code 1980, § 11-1.7; Ord. No. 39, § 7)

Sec. 102-169. - Extension of time.

When it shall be determined by the council that strict compliance with the terms of this article will not materially benefit or safeguard the public and that the work to be done will result in undue hardship to the owners or occupants or persons in possession or in control of said property, compliance shall not be required, or said council in other cases of undue temporary hardship, may extend the time of compliance, but in no event to exceed 180 days at any one time.

(Code 1980, § 11-1.8; Ord. No. 39, § 8)

Sec. 102-170. - Enforcement.

The enforcement of the provisions of this article shall be by any officer or employee of the building department of the city.

(Code 1980, § 11-1.10; Ord. No. 39, § 10)

Secs. 102-171—102-179. - Reserved. ARTICLE VII. - ELECTRIC VEHICLE CHARGING STATION PERMIT EXPEDITION

The purpose of this article is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public

health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This article is also purposed to comply with Government Code §§ 65850.7 and 65850.71.

(Ord. No. 22-04, § 3, 9-7-2022)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.]

Electronic submittal means the utilization of one or more of the following:

(1)

Electronic mail or email.

(2)

The internet.

(3)

Facsimile.

Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with California Electrical Code art. 25, as it reads on the effective date of this article, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

Specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. No. 22-04, § 3, 9-7-2022)

Sec. 102-182. - Expedited permitting process.

(a)

Consistent with Government Code §§ 65850.7 and 65850.71, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The city's adopted checklist shall be published on the city's website.

(b)

If the installation of an electric vehicle charging station(s) requires the reduction, elimination or in anyway impacts the required parking spaces for existing uses, the number of required parking spaces for the existing use will be reduced by the amount necessary to accommodate the electric vehicle charging station(s) and the associated equipment.

(Ord. No. 22-04, § 3, 9-7-2022)

Sec. 102-183. - Permit application processing.

(a)

Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

(b)

A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code §§ 65850.7 and 65850.71, approve the application and issue all necessary permits within five business days after submission if the applications is for 25 or less vehicle charging stations at a single site and within ten days after submission if the application is for more than 25 charging stations at a single site. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(c)

Consistent with Government Code § 65850.7, the building official shall allow for electronic submittal of permit applications covered by this article and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(d)

An application to install an electric vehicle charging station shall be deemed approved if 20 business days have elapsed since the application was deemed complete for 25 or less chargers installed at a single site, or 40 business days have elapsed after the application was deemed complete for more than 25 chargers at a single site if all of the following are true:

(1)

The building official has not administratively approved the application.

(2)

The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit.

(3)

The building official has not denied the permit.

(4)

An appeal has not been made to the city planning commission.

(Ord. No. 22-04, § 3, 9-7-2022)

(a)

It is the intent of this article to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official's authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this article, the city may require the applicant to apply for a use permit.

(b)

In the technical review of a charging station, consistent with Government Code § 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code § 4080.

(Ord. No. 22-04, § 3, 9-7-2022)

Sec. 102-185. - Electric vehicle charging station installation requirements.

(a)

Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the public utilities commission or a municipal electric utility company regarding safety and reliability.

(b)

Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of article 625 and all applicable provisions of the California Electrical Code.

(c)

Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

(d)

Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

(Ord. No. 22-04, § 3, 9-7-2022)

Chapter 103 - FLOOD DAMAGE PREVENTION

Sec. 103-1. - Statutory authorization.

The Legislature of the State of California has, in Government Code §§ 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council does hereby adopt the following floodplain management regulations.

(Code 1980, § 21-0; Ord. No. 08-07, § 2)

Sec. 103-2. - Findings of fact.

(a)

The flood hazard areas of the city are subject to periodic inundation which may result 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 may be 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 floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Code 1980, § 21-1; Ord. No. 81-5, § 1.1)

Sec. 103-3. - Purpose and scope.

This chapter is enacted 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 to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding;

(4)

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;

(5)

Help maintain a stable tax base by providing for the second use and development of areas of special flood hazards so as to minimize future flood slide areas;

(6)

Ensure that potential buyers are notified that property is in the area of special flood hazard;

(7)

Ensure that those who occupy areas of special flood hazard assume responsibility for their actions; and

(8)

Minimize prolonged business interruptions.

(Code 1980, § 21-2; Ord. No. 87-25, § 2; Ord. No. 08-07, § 3)

Sec. 103-4. - Methods of reducing flood losses.

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

(1)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in 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, 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.

(Code 1980, § 21-3; Ord. No. 81-5, § 1.2)

Sec. 103-5. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

100-year flood means a flood which has a one percent probability of being equaled or exceeded. This term is identical to the term "base flood."

Appeal means a request for a review of the flood planning administrator's interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding means a designated AO, AH or VO zone on the flood insurance rate map (FIRM). The floodplains depth range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and the velocity flow may be evident.

Area of special flood hazard or special flood hazard area (SFHA) means an area having special flood or flood related erosion hazards and shown on a flood hazard boundary map (FHBM) or FIRM as Zone A, AO, A1-30, AE, A99, AH, VO, V1-V30, VE or V.

Area of special flood-related erosion hazard means an area subject to severe flood-related erosion losses. This area is designated Zone E on the FIRM.

Area of special mud slide hazard means the area subject to severe mud slides. The area is designated as Zone M on the FIRM.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement means any area of a building having its floor subgrade, below ground level, on all sides.

Breakaway walls means any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of a structure of this structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 lbs. per square foot. The use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1)

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood and that which would occur during the base flood; and

(2)

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

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

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

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, either final site grading or pouring of concrete pads, or the construction of streets).

Flood or flooding means a general or temporary condition of partial or complete inundation of normally dry land areas from the overflow of floodwaters, the unusual and rapid accumulation of runoff surface waters from any source, and/or the collapse or subsidence of land along the shore of the 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 tidal force of nature, such as flash floods or abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

Flood boundary and floodway map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

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.

Flood insurance study (FIS) means the official report provided by the flood insurance administration and includes flood profiles, the FIRM, the flood boundary and floodway map, and the water service elevation of the base flood.

Floodplain administrator means the community official designated by title to administer and enforce the floodplain management regulations.

Floodplain orfloodprone area means any land susceptible to being inundated by water from any source.

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.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances and other applications of police power. The term "floodplain management regulations" describes such state or local regulations in combination thereof which provide standards for the purpose of flood damage, prevention and reduction.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damaged real estate or improved real property, water and sanitary facilities, structures and their contents.

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 one foot. The floodway is delineated on the flood boundary floodway map.

Functionally dependent use means a use which cannot be performed in its intended purpose unless it is located or carried out in close proximity to water. The term "functionally dependent use" includes only

docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the natural elevation of the ground surface prior to construction next to the proposed walls of the structure.

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 by an approved state program as determined by the Secretary of the Interior

or directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. Any unfinished or floor 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.

Manufactured home shall have the meaning as set forth in chapter 106, provided the term "manufactured home" includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park or subdivision shall have the meaning set forth in chapter 106.

Mean sea level means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which flood base elevations shown on the city's FIRM are referenced.

New construction means structures for which the start of construction commenced on or after the effective date of a floodplain management plan adopted by the city.

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 December 16, 1981.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

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.

Remedy of violation means to bring a 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 this chapter or otherwise deterring similar future violations or reducing federal financial exposure with regard to the structure or other development.

Riverine means relating to, formed by, or resembling a river, including tributaries, streams, brooks and so forth.

Sand dune means naturally occurring accumulation of sand in ridges or mounds landward of a beach.

Start of construction means the date a building permit is issued, provided the actual construction, repair, reconstruction, placement or other improvement is within 180 days of the permit date. The actual start means either the first placement of permanent construction of a slab on a site, such as the pouring of a slab or footings, the installation of pilings, 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 walkways; nor does it include excavation for a basement, footings, pilings, 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 structures.

Structure means a walled and roofed building including the gas or liquid storage tank, that is principally above ground as well as a manufactured home.

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:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored before the damage occurred:

a.

Any project for the improvement of the structure is to comply with the existing state or local health, sanitary or safety code specifications which are solely necessary to ensure 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.

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

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

(Code 1980, § 21-4; Ord. No. 81-5, § 2; Ord. No. 87-03, § 1; Ord. No. 87-25, § 3; Ord. No. 88-20, § 2; Ord. No. 04-02, § 2; Ord. No. 08-07, § 4)

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the provisions of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements shall constitute a misdemeanor. Nothing herein shall prevent the council from taking such lawful action as is necessary to prevent or remedy any violation.

(Code 1980, § 21-5.1; Ord. No. 81-5, § 3; Ord. No. 87-03, § 2; Ord. No. 88-20, § 4)

(a)

A development permit shall be obtained before construction or development begins within any area of special flood hazards, areas of flood related erosion hazards or areas of mud slides as established in conformance with this chapter.

(b)

The director of public works is hereby designated as the floodplain administrator and appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(c)

Application for a development shall be made on forms furnished by the director of public works and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage and materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(1)

Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; in Zone AO, the elevation of existing grade and proposed elevation of lowest floor of all structures;

(2)

Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(3)

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of the Federal Emergency Management Agency; and

(4)

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

(Code 1980, § 21-5.2; Ord. No. 81-5, § 3; Ord. No. 87-03, § 2; Ord. No. 87-25, § 5; Ord. No. 08-07, § 5)

(a)

The director of public works shall review all applications for development permits under this chapter to determine whether:

(1)

The permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures.

(2)

All other required state and federal permits have been obtained;

(3)

The site is reasonably safe from flooding; and

(4)

The proposed development does not adversely affect the carrying capacity of the floodway. For the purposes of this chapter, the term "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water service elevation of the base flood by more than one foot at any point within the city.

(b)

If base flood elevation data has not been provided in accordance with this chapter, the director of public works shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to ensure that adequate provision is made for flood hazard reduction. Any such information shall be submitted to the council for adoption.

(c)

If the watercourse is to be altered or relocated, the director of public works shall notify adjacent communities and the state department of water resources prior to such alteration or relocation of a watercourse and submit evidence of such notification to the federal insurance administrator and the director of public works shall require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.

(d)

The director of public works shall obtain and maintain for public inspection and make available as needed:

(1)

Certification of elevations in areas of shallow flooding;

(2)

Certification of elevation or floodproofing of nonresidential structures;

(3)

Certification of wet floodproofing standard;

(4)

Certified elevation to comply with subdivision standards;

(5)

Certification required for floodway encroachments;

(6)

The information required for coastal construction; and

(7)

The reports required for mud flow standards.

(e)

The director of public works shall make interpretations where needed as to the exact location of the boundaries of special flood hazards, areas of flood related erosion hazards or areas of mud slide. Persons contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation.

(f)

The director of public works shall take action to remedy violations of this chapter.

(Code 1980, § 21-6; Ord. No. 81-5, § 4; Ord. No. 86-24, § 1; Ord. No. 87-03, § 3; Ord. No. 87-25, § 6; Ord. No. 08-07, § 6)

Sec. 103-9. - Standards.

In all areas of flood hazard, the following standards are required:

(1)

Anchoring.

a.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

b.

All manufactured homes placed within Zone A shall be installed using methods and practices which minimize flooding damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

c.

All new construction and substantial improvements in Zones V1-30 and VE, and Zone V, if base flood elevation data are available, shall be elevated on pilings and columns so that:

1.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level;

2.

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have one percent chance of being equaled or exceeded in any given year (100-year mean reoccurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with the accepted standards of practice for meeting the provisions of this section.

(2)

Construction materials and methods.

a.

All new construction with materials and utility equipment resistant to flood damage.

b.

All new construction and substantial improvements shall use methods and practices that minimize flood damage.

c.

All elements that function as a part of the structure, such as furnace, hot water heater, air conditioner, and so forth, shall be elevated to or above the base flood elevation or depth number specified on the FIRM.

d.

Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3)

Elevation and floodproofing.

a.

New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards set forth in the next subsection. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor or verified by the chief building inspector that elevation requirements have been met.

b.

Nonresidential construction shall either be elevated in conformity with the preceding subsection or together with attendant utility and sanitary facilities:

1.

Be floodproofed so that below the base flood level 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.

c.

Where a nonresidential structure is intended to be made watertight below the base flood level:

1.

A registered professional engineer or architect shall develop and review structural design, specifications, and plans for construction, and shall certify that the design and methods of the construction are in accordance with the acceptance standards of practice for meeting the applicable provisions of this section.

2.

A record of such certificates which shall include the specific elevation (in relation to the mean sea level) to which structures are floodproofed shall be maintained with the chief building inspector.

d.

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by

allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of the area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4)

Replacement water supply and sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from systems into floodwaters. On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(5)

Various subdivision proposals shall identify the flood hazard area and the elevation of the base flood. All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base line, the final pad elevation shall be certified by a registered professional engineer or surveyor and such certification shall be provided to the director of public works. All subdivision proposals shall be

consistent with the need to minimize flood damage. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage and certification of compliance shall be provided by the developer.

(6)

Manufactured homes that are placed or substantially improved.

a.

All manufactured homes that are placed or substantially improved on sites located:

1.

Outside of a manufactured home park or subdivision;

2.

In a new manufactured home park or subdivision;

3.

In an expansion to an existing manufactured home park or subdivision; or

4.

In an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood;

shall, within Zones A1 30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1 30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection (6)(a) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1.

Lowest floor of the manufactured home is at or above the base flood elevation; or

2.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

c.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(7)

All recreational vehicles placed in Zones A1-30, AH, and AE will either:

a.

Be on the site for fewer than 180 consecutive days;

b.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c.

Meet the permit requirements of section 103-8 and the elevation and anchoring requirements for manufactured homes in subsection (6)(a) of this section.

(8)

Floodways. Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city.

b.

Within an adopted regulatory floodway, the city shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

c.

If subsections (8)a and b of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

(Code 1980, § 21-7; Ord. No. 81-5, § 5; Ord. No. 86-24, § 2; Ord. No. 87-03, § 4; Ord. No. 87-25, § 7-9; Ord. No. 88-20, § 3; Ord. No. 08-07, § 7)

Sec. 103-10. - Variance procedure.

(a)

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

(b)

The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself; not to the structure, its inhabitants, or the property owners.

(c)

It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in this chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be

met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(d)

The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter.

(e)

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 public works director in the enforcement or administration of this chapter.

(f)

In reviewing an appeal, the commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and:

(1)

The danger that materials may be swept unto other lands to the injury of others;

(2)

The danger to 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;

(4)

The importance of 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 developments;

(8)

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

(9)

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

(10)

The expected heights, velocity, duration, rate of rise and sediment transportation of the floodwaters expected at the site; and

(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.

(g)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to it surrounded by lots with existing structures constructed below the base flood level, provided the ongoing items have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(h)

Upon consideration of the factors listed above and the purposes of this chapter, the commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(i)

The director of public works shall maintain the records of all appeal actions including justification for their issuance and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(j)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.

(k)

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

(l)

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

(m)

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

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

(3)

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

(n)

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 factors listed above in this section 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.

(o)

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 flood elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation. A copy of the notice shall be recorded by the commission in the office of the county recorder and shall be recorded in a manner so that it appears in the chain title of the affected parcel of land.

(p)

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in section 103-5) 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.

(q)

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

(r)

Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. The term "minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance.

(s)

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and

(2)

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Code 1980, §§ 21-8.1—21-8.3; Ord. No. 81-5, § 6.2; Ord. No. 87-25, §§ 10, 11; Ord. No. 08-07, §§ 8—10) Sec. 103-11. - Lands to which this chapter applies.

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

(Code 1980, § 21-9; Ord. No. 08-07, § 11)

Sec. 103-12. - Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Kern County, California, and Incorporated Areas dated September 26, 2008, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated September 26, 2008, and all subsequent amendments and/or revisions, which are hereby adopted by reference and declared to be a part of this chapter. This and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the engineering department of the city at 100 West California Avenue, Ridgecrest, California, 93555.

(Code 1980, § 21-10; Ord. No. 08-07, § 12)

Sec. 103-13. - Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered 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 city council from taking such lawful action as is necessary to prevent or remedy any violation.

(Code 1980, § 21-11; Ord. No. 08-07, § 13)

Sec. 103-14. - 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.

(Code 1980, § 21-12; Ord. No. 08-07, § 14)

Sec. 103-15. - Interpretation.

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Code 1980, § 21-13; Ord. No. 08-07, § 15)

Sec. 103-16. - 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 damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state, 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.

(Code 1980, § 21-14; Ord. No. 08-07, § 16)

Chapter 104 - SOIL DISTURBING ACTIVITIES

Sec. 104-1. - Penalty.

Every person violating any provision of this chapter is guilty of a misdemeanor.

(Code 1980, § 16-1.12; Ord. No. 149, § 13)

The city council does hereby find that there exists within the city a serious and hazardous problem of erosion of soil from land surfaces by wind action which erosion problem affects the health, safety, welfare, and property of the residents of the city. The city council further finds that is necessary to regulate the disturbance of soil surfaces and to require measures to control wind erosion of soil.

(Code 1980, § 16-1.1; Ord. No. 149, § 2)

It shall be unlawful for any person, firm or corporation, or any agent thereof who is in possession or control of land to disturb the surface or subsurface of land by excavation, leveling, cultivating, grading, or by distributing or spreading soil on land, or by any other action likely to cause or contribute to wind erosion of soil without first obtaining a permit from the city engineer. The following provisions within this section govern the permits hereby required:

(1)

A grading permit is required when an amount of material between 51 cubic yards and 199 cubic yards of material is moved. If any portion of the material subject to this subsection (1) is fill, and is in the building footprint, a compaction report is also required.

(2)

An engineered grading plan and grading permit are required when 200 cubic yards or more of material is moved. If any amount of the material subject to this subsection (2) is fill, a compaction report is also required. The engineered grading plan required by this subsection (2) shall be prepared by a duly registered civil engineer.

(3)

A grading permit is not required when the lot at issue is less than 10,000 square feet and no more than 50 cubic yards of material is moved. However, if any portion of the material subject to this subsection (3) is fill, and is in the building footprint, a compaction report is required.

(4)

A permit is not required for normal landscaping, cultivation of existing plantings, improvement of landscaping or planting on single lots, or for farming operations. However, adequate protective measures shall be provided in the course of any activity subject to this subsection (4).

(Code 1980, § 16-1.2; Ord. No. 149, § 3; Ord. No. 91-07, § 2; Ord. No. 17-02, 5-17-2017)

Sec. 104-4. - Application for permit.

An applicant for a permit, hereinafter called "grading permit," to disturb the surface or subsurface of land, shall be the owner of said land. The applicant shall present detailed written plans for the development of

the site in a form satisfactory to the city engineer. Such plans may be those required under the zoning or subdivision chapter for land development. An applicant for a grading permit must also state in writing the applicant's proposed method to control wind erosion:

(1)

During the grading operation; and

(2)

For any period thereafter during which the land may be exposed with natural protective vegetation removed.

(Code 1980, § 16-1.3; Ord. No. 149, § 4)

Sec. 104-5. - Application fee.

An applicant for a grading permit shall pay a fee established by resolution upon application.

(Code 1980, § 16-1.4; Ord. No. 149, § 5)

Sec. 104-6. - Engineer and planning director to review plans.

The city engineer shall check the applicant's plans to determine compliance with city ordinances and state law prior to issuing a grading permit. He shall also submit these plans to the city planning director for review and comment prior to issuance of the permit. The city engineer may require of the applicant any additional information on the plans necessary to ensure that the proposed construction shall be to city standards. The city engineer may deny the applicant a grading permit until the plans for development or soil erosion control are acceptable to him or until the applicant receives approval of the planning commission and city council pursuant to applicable zoning or subdivision chapter provisions.

(Code 1980, § 16-1.5; Ord. No. 149, § 6)

Sec. 104-7. - Permissible soil erosion control methods.

The city engineer may, as part of the terms and conditions of granting a grading permit, authorize the use of one or a combination of the following soil erosion control methods:

(1)

Watering the soil of the site and the adjacent streets being used in connection with soil disturbance operations on the site.

(2)

Installation and property maintenance of snow fences to a minimum height of three feet and set back six feet from the property line.

(3)

Resin base or other suitable soil palliative.

(4)

Complete cover of gravel or rock landscaping.

(5)

Organic mulches, sprinkler irrigated.

(6)

Irrigated grasses.

(7)

Landscape vegetation.

(8)

Other methods proposed by the applicant and found acceptable by the engineer.

(Code 1980, § 16-1.6; Ord. No. 149, § 7)

Sec. 104-8. - Requirements for issuance of permit.

The city engineer shall, in granting a grading permit, require:

(1)

That the permit state a date for beginning soil disturbance operations, the period for which the permit is valid, and the approved methods of preventing and controlling soil erosion by wind during soil disturbance operations and after the land has been denuded of natural vegetation.

(2)

That the permit state that the city engineer may suspend said permit for the permittee's failure to comply with its terms and conditions.

(3)

Such additional conditions as he may determine are required in order to ensure the permittee's compliance with this chapter and other applicable city ordinances and state law.

(4)

That the applicant deposit with the city a sum of lawful money of the United States in the amount established by resolution based on the amount of acreage to be disturbed.

(Code 1980, § 16-1.7; Ord. No. 149, § 8)

Sec. 104-9. - City to retain cash deposit; terms of release.

The cash deposit referred to in the previous section shall be retained by the city until the development proposed in the approved plans is completed and the danger of soil erosion by wind is, in the opinion of the city engineer, eliminated or until natural vegetation has grown over the site sufficient to reduce the hazard of wind erosion of soil on the site.

(Code 1980, § 16-1.8; Ord. No. 149, § 9)

Sec. 104-10. - Suspension of grading permit; engineer to provide corrective action; collection of costs.

(a)

The city engineer may, during a situation in which, in his opinion, blowing sand or dust from a site under permit is causing or may cause a public nuisance or hazard affecting the health, safety, welfare, or property of residents neighbor to the site, after giving the permittee due notice and time to take corrective action and upon the permittee's failure to act within a period of time determined by the city engineer to be reasonable, suspend the grading permit and cause the site to be watered down to reduce said nuisance or hazard.

(b)

The city engineer shall cause a record of the costs of corrective action he has caused to be taken to be kept and filed and shall deduct the costs from the permittee's deposit.

(c)

If the costs exceed the amount of the deposit, the difference shall be billed to the permittee. Any costs remaining unpaid 30 days after billing shall be filed as a lien upon the property under permit.

(Code 1980, § 16-1.9; Ord. No. 149, § 10)

Sec. 104-11. - Noncompliance with terms of permit; hearing.

The city engineer may, if in his opinion the permittee failed to comply with the terms and conditions of the permit for an unreasonable period, give notice to the permittee of the time and place of a hearing before the city council on the question of revoking the permit. This notice shall be mailed to the permittee not less than five calendar days prior to the date of the hearing.

(Code 1980, § 16-1.10; Ord. No. 149, § 11)

Sec. 104-12. - Modifications of permit; costs assessed.

The city council may modify or impose additional conditions on a permit or, after making a finding that the permittee is failing to comply with permit terms and conditions such that a public nuisance or hazard affecting the health, safety, welfare, or property of residents neighbor to the site exists, revoke the permit and order the city engineer to cause a resin base or other suitable soil palliative to be spread over the site. The council shall order that the costs of such palliative and its spreading shall be deducted from the permittee's deposit and that costs greater than the deposit be billed to the permittee. Any said costs remaining unpaid 30 days after billing shall be filed as a lien on the property under permit.

(Code 1980, § 16-1.11; Ord. No. 149, § 12)

Chapter 105 - SUBDIVISIONS[[1]]

Footnotes:

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State Law reference— Subdivision Map Act, Government Code § 66410 et seq.