Suisun City Municipal Code Art. I Floodplain Regulations

Footnotes:

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Editor's note— Ord. No. 729, § 1, adopted December 16, 2014, amended art. I, §§ 15.08.010—15.08.270, in its entirety to read as set out herein. Former art. I pertained to similar subject matter and was derived from Ord. 363 §§ 1—13, adopted 1971.

The legislature of the state has in Government Code Sections 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. Additionally, Section 7 of Article XI of the California Constitution authorizes any city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Therefore, the city does hereby adopt the following floodplain management regulations.

(Ord. No. 729, § 1, 12-16-2014)

The city council finds and declares that certain resource areas and valuable properties in the city and surrounding lands lying adjacent to, or near, natural streams, watercourses and sloughs, or constructed water channels, are subject to erosion, inundation, flooding and sedimentation and that the public health, safety and welfare, and the property of the people of the city, require the establishment of land use regulations for the purpose of floodplain management and effective cooperation with the state and the United States in flood control programs.

(Ord. No. 729, § 1, 12-16-2014)

As used in this article:

A. "Design flood" means the selected flood against which the protection is provided, or eventually will be provided, by means of flood protective or control works.

B. "Designated floodway" means the channel of a stream and that portion of the adjoining floodplain required to reasonably provide for the construction of a project for passage of the design flood including the lands necessary for construction of project levees.

C. "Fairfield Streams Project" means the U.S. Army Corps of Engineers plan, as authorized by the federal government for improvement of McCoy Creek, Laurel Creek, Ledgewood Creek, and all necessary diversions.

(Ord. No. 729, § 1, 12-16-2014)

The following general floodplain regulation zone classifications are adopted:

(Ord. No. 729, § 1, 12-16-2014)

In any FP-1, FP-2 or FP-3 zone, the regulations of this article shall apply, in addition to other regulations which apply to such floodplain zones; provided, that if conflicts in these regulations occur, the regulations of this article shall govern; and provided further, that the land uses previously permitted by regulations for such floodplain zones shall be permitted in any FP-1 zone only upon the terms and conditions specified in Section 15.08.080(C).

(Ord. No. 729, § 1, 12-16-2014)

The zone classification is intended to apply to properties located within a primary floodplain which, for the purposes of this article, shall be construed to include the stream channel and the portions of the adjacent floodplain that:

A. Are required to efficiently carry the design floodflows of the stream; and

B. Are necessary for the minimum protection of the public health, welfare and safety, and protection of property and improvements from the hazards and damages resulting from floodwaters.

(Ord. No. 729, § 1, 12-16-2014)

The following uses are allowed in FP-1 zones, provided that any improvements to existing structures, disturbance of natural soil, removal of natural cover or any other alteration of existing conditions that, in the opinion of the city engineer, may cause channel erosion and sedimentation or adversely affect the capabilities of the channel and designated floodway to carry the design flood, shall require floodplain regulation permits:

A. Flood control channels, spreading grounds and basins;

B. Recreation areas, parking lots, wildlife preserves and forest preserves, exclusive of structural improvements (other than restrooms and appurtenant facilities located and constructed in accordance with county health requirements), and which areas, lots and preserves shall be so designed as to withstand inundation by floods;

C. Agricultural uses, provided they are not conducted within stream channels or floodplain zones where their effects would constitute a flood threat to life or property;

D. Public service facilities, such as roads, bridges, diversion drains and public utilities, designed and constructed so as not to be damaged appreciably by flooding or be unduly restrictive of the flood-carrying capacity of the designated floodway;

E. Boating facilities and campgrounds operated on a seasonal basis between the months of May and October, inclusive; floating docks shall be sectional with no portion longer than 40 feet, and shall be removed from the FP-1 zone at the end of each season;

F. Normal maintenance of existing channels, ditches and levees.

(Ord. No. 729, § 1, 12-16-2014)

No building or structure shall be constructed, erected, converted, altered or enlarged in the primary floodplain zone, or relocated within that zone, nor shall any other condition be allowed which would tend to cause stream-channel alteration or adversely affect the carrying capacity of a designated floodway, so as to constitute a threat to life and property.

(Ord. No. 729, § 1, 12-16-2014)

The following uses require a floodplain regulation permit in accordance with Sections 15.08.150 through 15.08.190 in the FP-1 zone:

A. Floating docks in off season (November through April, inclusive); provided, however, that such uses will not constitute a threat to life or significantly restrict the carrying capacity of the designated floodway;

B. Excavation or filling of land areas, construction of levees, dikes or other flood structures, designed to protect property from natural flooding; provided, however, that such uses will not constitute a threat to life or significantly restrict the carrying capacity of the designated floodway.

C. Uses otherwise allowed in the zone on properties which lie within primary floodplain zones, but have been sufficiently protected with manmade dikes or levees, as determined by the city engineer. When such protection is afforded, the subject property may be considered tertiary floodplain in nature, as defined by Section 15.08.300.

(Ord. No. 729, § 1, 12-16-2014)

The requirements of this article are intended to be applied to those lands shown on drawings consisting of four sheets, entitled "Fairfield Streams Group," Fairfield, California, dated February 8, 1966, as prepared by the U.S. Army Engineering District, Corps of Engineers, Sacramento, or any modification of these plans as may be mutually agreed upon by the city, the U.S. Army Corps of Engineers and the reclamation board of the state which are affected by improvements shown thereon. The areas shown on these plans as the designated floodway shall be, for the purposes of this article, the FP-1, primary floodplain zoned lands.

(Ord. No. 729, § 1, 12-16-2014)

The FP-2 zone classification is intended to be applied to properties lying within inundation areas affected by overflow and backwater, but relatively free of any current and excluding FP-1 zones. These areas require special regulations for the protection of properties and their improvements from flood hazards and damages.

(Ord. No. 729, § 1, 12-16-2014)

The following uses are allowed in the FP-2 zone:

A. Uses otherwise allowed in the zone provided that the ground floor level of buildings, structures and uses shall be above the flood profile level as determined by the city engineer; and

B. Public parks and recreational developments, exclusive of structural improvements, except for restrooms and appurtenant facilities which shall be located and constructed in accordance with the county health requirements and regulations, and designed to withstand inundation due to floods.

(Ord. No. 729, § 1, 12-16-2014)

The following uses require a permit in accord with Sections 15.08.150 through 15.08.190 in the FP-2 zone:

A. Improvements to existing buildings and structures where the floor level does not meet the minimum requirements set forth under Section 15.08.110(A).

B. Uses normally permitted in the zone when properties which lie within the secondary floodplain zone have been protected with manmade dikes or levees. When such protection is afforded, the subject property may be considered tertiary floodplain in nature, as defined by Section 15.08.300.

C. Filling of land areas, construction of levees or dikes or other flood structures to protect property from natural flooding.

(Ord. No. 729, § 1, 12-16-2014)

The FP-3 zone classification is intended to be applied to properties which lie within a flooding area, but which have been protected by manmade dikes or levees constructed by local, state or federal agencies, by private individuals, firms, corporations, etc., provided such protective devices meet all applicable local, state or federal standards. The regulations set out in Section 15.08.140 and the general rules, as set forth above, shall apply in all FP-3 zones.

(Ord. No. 729, § 1, 12-16-2014)

Uses allowed in the FP-3 zone are such uses as are otherwise allowed in the particular and various zones.

(Ord. No. 729, § 1, 12-16-2014)

A. The purpose of the floodplain regulation permit is to provide for a detailed review and necessary arbitration of certain proposed land uses by the city engineer.

B. Floodplain regulation permits, revocable, conditional or valid for a term period, may be granted for any of the uses or purposes for which such permits may be required by the terms of this article. Granting of a qualified permit does not exempt an applicant from complying with the requirements of other ordinances.

(Ord. No. 729, § 1, 12-16-2014)

Application for a floodplain regulation permit shall be made in writing with the required information as prescribed by the city engineer. The prescribed information may include plans, detailed survey information or information required by the city engineer in order to make a determination that the proposal complies with the intent of this article. Application for a permit shall be directed to the engineer.

(Ord. No. 729, § 1, 12-16-2014)

Upon the receipt of an application for a floodplain regulation permit, with the required information as prescribed in Section 15.08.160, the city engineer shall diligently process the application and issue or deny the permit. Such permit may be issued subject to conditions as stipulated by the city engineer.

(Ord. No. 729, § 1, 12-16-2014)

In any case where a floodplain regulation permit has not been exercised within one year after the date of the granting thereof, then without further action by the city engineer, the permit shall be null and void.

(Ord. No. 729, § 1, 12-16-2014)

Appeal from an action resulting from the administration of this article may be made according to the provisions of Section 15.08.210. Nonissuance of a floodplain regulation permit within a reasonable period may be the subject of an appeal.

(Ord. No. 729, § 1, 12-16-2014)

The city council may establish rules of procedure governing all hearings required by this article and the laws of the state. Upon the adoption of rules of procedure by the city council, the same shall be filed in the office of the city clerk and copies of the rules of procedure shall be given to persons requesting them.

(Ord. No. 729, § 1, 12-16-2014)

A. The city council shall have power to hear and decide appeals when it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by the city engineer or other official of the city in the administration or enforcement of this article.

B. Any person, firm, corporation, unincorporated association, public officer or agency aggrieved or affected by any determination of this article may within ten days file an appeal in writing with the city council. In the written appeal, the reasons of the appeal shall be outlined. Filing of an appeal shall stay all proceedings until determination of the appeal. Upon receipt of such appeal, the city council shall set the date for a public hearing to be held within 30 days thereafter and notify the appellant, the original applicant, if other than the appellant, and the city engineer.

C. The city engineer shall transmit to the city council copies of all papers constituting the record of action appealed.

D. Upon hearing the appeal, the city council shall make a determination that the decision appealed from shall be affirmed, reversed or modified. Notice of the city council's determination shall be mailed forthwith by the city clerk to the original applicant, the person making the appeal and the city engineer.

(Ord. No. 729, § 1, 12-16-2014)

Notwithstanding any other provision of this article, the city council, upon its own motion made within ten days from the making of any final order, requirement or determination by the city engineer, may review to affirm, reverse or modify, wholly or in part, such order, requirement or determination. Notice of such review shall be delivered or mailed to the city engineer and the original applicant. The notice shall include a provision for a public hearing to be held within 15 days from the date of the motion.

(Ord. No. 729, § 1, 12-16-2014)

This article may be amended by the establishment, or changing, of boundaries of floodplain regulation zones or by changing any other provision hereof whenever the public necessity, convenience and the general welfare require such amendment subject to the procedure set forth in this section:

A. Initiation. An amendment may be initiated by a resolution of intention by the city council.

B. Public Hearings. The city council shall hold at least two public hearings on any proposed amendment. At least ten days prior to the first public hearings the city clerk shall give notice thereof by at least one publication of such public hearing in a newspaper of general circulation within the city, setting forth the general purpose and scope of the proposed changes in the article.

(Ord. No. 729, § 1, 12-16-2014)

Any property which, at the time of adoption of the ordinance codified in this article, is in unincorporated territory and subject to floodplain regulations which protect rights-of-way for the Fairfield Streams Project shall, upon annexation to the city, be subject to all provisions and requirements of this article.

(Ord. No. 729, § 1, 12-16-2014)

All departments, officials and public employees of the city vested with the duty and authority to issue land use permits shall conform to the provisions of this article, and shall issue no such permits for land uses, buildings or purposes which are in conflict with the provisions of this article; and any such permits, if issued in conflict with the provisions of this article, shall be null and void.

(Ord. No. 729, § 1, 12-16-2014)

It is the duty of the city engineer to bring about enforcement of the provisions of this article pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure, the moving of material, or any other operation covered by this article.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this article, or condition of a permit issued pursuant to this article, is guilty of a misdemeanor.

(Ord. No. 729, § 1, 12-16-2014)