A.

The purpose of the Floodplain Primary (FPP) district is to protect the public health and safety and minimize property damage by designating areas that are subject to flooding with high velocities or depths and by establishing reasonable restrictions on land use in such areas. The FPP district shall be applied to those areas lying within the "floodway" as shown on the Flood Boundary Floodway Map (FBFM) or within the "designated floodway" on the state of California's Board of Reclamation's Kern River Designated Floodway Studies, or other maps where engineering studies have been made and adopted by the county board of supervisors. Uses in the FPP district are limited to those low intensity uses not involving buildings, structures and other activities that might adversely affect or be adversely affected by flow of water in the floodway.

B.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by manmade or natural causes, such as bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the county of Kern or any officer or employee thereof for any flood damage that may result from reliance on this chapter or any administrative decisions lawfully made hereunder.

(Prior code § 7110.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the FPP district:

A.

Agricultural Uses.

1.

Growing and harvesting crops:

— Berry crops

— Bush crops

— Field crops, dry land

— Field crops, irrigated

— Flowers and horticulture specialties

— Vegetables

— Vine crops,

2.

Breeding and raising animals:

— Beef cattle or livestock grazing, excluding fencing and other related facilities which may obstruct flood flows;

B.

Utility and communication facilities:

— Transmission lines for gas, electricity, telephone or telegraph service owned and operated by a public utility company, not including building, structure or development which may obstruct flood flows;

C.

Resource extraction and energy development uses:

— Oil or gas exploration and production pursuant to subsection (C) of Section 19.50.130 of this chapter;

D.

Miscellaneous uses:

— Flood control facilities

— Hunting or fishing club, not involving buildings or structures

— Water storage or groundwater recharge facilities

— Wildlife or nature preserve, not involving buildings or structures.

(Prior code § 7110.02)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this chapter are permitted in the FPP district subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Recreational, entertainment and tourist facilities:

— Campground, private, not involving buildings or structures

— Fishing or fly casting pond, not involving buildings or structures

— Golf course, not involving buildings or structures

— Golf driving range, not involving buildings or structures

— Hiking or equestrian trail

— Lakes, private, for recreational skiing or boating, not involving buildings or structures

— Park or playground, not involving buildings or structures

— Roads or trails for motor driven vehicles

— Whitewater rafting launch or landing site, not involving buildings or structures;

B.

Residential uses:

— Single-family dwelling or manufactured home where the development would not encroach into the channel in such a manner so as to obstruct the natural flow of waters and which will not result in any public or private health or safety hazard, as determined by the Floodplain Administrator and the director of the Kern County environmental health services department;

C.

Transportation facilities:

— Auto parking lot, not involving buildings or structures;

D.

Resource extraction and energy development uses:

— Mining and mineral extraction pursuant to Chapter 19.100.

(Ord. G-6872 § 2, 2002; Ord. G-6077 § 195, 1994; Ord. G-5803 § 45, 1992; Ord. G-4993 § 37, 1989; prior code § 7110.03)

All other uses not permitted by Sections 19.50.020 and 19.50.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the FPP district, including:

A.

Buildings, structures, mobilehomes, other improvements or accessory uses, or development that would encroach into the channel and obstruct the natural flow of waters within a designated floodway or which will in any manner endanger life and property;

B.

All public and private sewage disposal systems or any part thereof;

C.

Any use which may endanger temporary safeguards which have been erected until such time as flood protection or control works have been constructed;

D.

Land fill, sumps or excavation of a similar nature that would obstruct the natural flow of floodwater within a designated floodway;

E.

All uses that are likely to increase the flood hazard or in any way affect the water-carrying capacity of the designated floodway;

F.

Dumping, stockpiling or storage of floatable substances or other materials which, in the opinion of the Kern County engineering and survey services department, will add to the debris load of the stream or watercourse;

G.

Commercial cattle or livestock feed yards, auction yards, dairies, junk or salvage yards, billboards and other advertising structures of any kind or type which may have residential, commercial or industrial connotations;

H.

Storage tanks, sumps, processing equipment or other similar facilities related to oil and gas production not expressly permitted pursuant to Section 19.50.020 and subsection (C) of Section 19.50.130 of this chapter;

I.

Sources of water supply (e.g., wells, springs, etc.) unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with the requirements of the Kern County health department or Kern County engineering and survey services department, whichever has jurisdiction, so as to minimize infiltration of floodwaters;

J.

Tree farming, unless it can be shown to the Kern County planning department that the spacing of the trees will not cause a rise in the base flood elevation or that the trees will not add to the debris load of the stream.

(Ord. G-7189 § 50, 2005; Ord. G-6191 §§ 69, 70, 1995; Ord. G-6077 § 197, 1994: prior code § 7110.04)

There is no minimum lot size requirement in the FPP district.

(Prior code § 7110.05)

There is no requirement for minimum lot area per dwelling unit in the FPP district. Dwellings are not permitted.

(Prior code § 7110.06)

There are no yard and setback requirements in the FPP district. Buildings and structures are not permitted.

(Prior code § 7110.07)

There are no height limit requirements in the FPP district. Buildings and structures are not permitted.

(Prior code § 7110.08)

There is no requirement for minimum distance between structures in the FPP district. Buildings and structures are not permitted.

(Prior code § 7110.09)

Off-street parking in the FPP district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7110.10)

The following signs are permitted in the FPP district:

A.

Temporary real estate signs advertising the property for sale or rent, not to exceed eight (8) square feet each, excluding the area of any vertical and/or horizontal support members;

B.

As provided by Section 19.50.130 of this chapter.

(Prior code § 7110.11)

Landscaping is not required in the FPP district.

(Prior code § 7110.12)

A.

All development within the FPP District is subject to the requirements of the Flood Damage Prevention Ordinance, Chapter 17.48 of this code.

B.

Development in the FPP District shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Oil or gas exploration and production shall comply with Section 19.98.060 and the following standards:

1.

The following uses are permitted within the FPP District if they will not obstruct flows, will not cause peripheral flooding of other properties, will not cause any increase in flood levels during the occurrence of the base flood discharge, will be resistant to floatation and immune to extensive damage by flooding, and will not endanger life or property:

a.

All oil or gas wells, including pumps and all other associated equipment.

b.

Feasible remedial work, improvements, and flood-proofing of facilities.

2.

No oil or gas well shall be drilled on the slope or within ten (10) feet of the top or toe of the bank of a river or stream located within the FPP District. The required setback on the top of bank shall be measured from an imaginary plane on a slope two (2) horizontal to one (1) vertical projected upward from the toe of the existing bank.

3.

All oil or gas wells in the FPP District, including pumps and all other associated equipment, shall be designed such that they are resistant to damage by flooding.

4.

All pipelines in the FPP District shall be flood-proofed by burial to sufficient depth to prevent rupture during flood conditions or by suspension at least two (2) feet above the surface of the base flood. Supports for elevated pipelines shall also carry a catwalk to facilitate removal of debris caught by supports during floods.

5.

The location of all buried pipelines shall be recorded on appropriate maps by the company that owns said pipelines, and the maps shall be made available to any public agency that shall request a copy.

6.

All drilling, redrilling, and producing, including remedial work, well pulling, work-overs, and deepening, shall conform to all applicable fire, safety, spacing, and environmental state law and regulations.

7.

Proven technological improvements generally accepted and used in drilling and production methods shall be adopted as they may from time to time become available, if capable of reducing factors of nuisance and annoyance.

8.

Prior to the commencement of any drilling, a copy of a spill prevention control and countermeasure plan, as required by the United States Environmental Protection Agency, shall be filed with the Kern County public works department.

9.

All pumps expected to be inaccessible during times of flood shall be equipped with an accessible remote switch to shut off the pumps during emergencies.

10.

The derrick, all boilers, and all other drilling equipment used pursuant to this chapter to drill any well hole or to repair, clean out, deepen, or redrill any completed or drilling well shall be removed within ninety (90) days after completion of production tests following completion of such drilling, or after abandonment of any well, unless such derrick, boilers, and drilling equipment are to be used within a reasonable time limit, determined by the Kern County public works department, for the drilling of another well or wells on the premises.

11.

After any well has been placed in production, no earthen sumps shall be used for the storage of petroleum or gas.

12.

Within ninety (90) days after any well has been placed in production or after its abandonment, earthen sumps used in drilling or production or both shall be emptied by vacuum truck or other approved means, then filled, and the drilling site restored as nearly as practicable to a uniform grade, unless such sumps are to be used within a reasonable time limit, as determined by the Kern County public works department.

13.

Any derrick used for servicing operations shall be of the portable type; provided, however, that upon presentation of proof that the well is of such depth or has such other characteristics, or for other cause, that a portable-type derrick will not properly service such well, the Kern County public works department may approve the use of a standard type of derrick.

14.

Directional and warning signs, and those required for identification of the well, shall be constructed, erected, placed, or maintained on the premises, except those required by law to be displayed in connection with the drilling or maintenance of the well.

15.

If a producing or service well is not secured twelve (12) months from the date of commencement of drilling operations or any extended period granted by the Kern County public works department, the premises shall be restored to the original condition as nearly as practicable to do so. If at the expiration of the twelve- (12-) month period, the drilling program has not been completed, the Kern County public works department may, upon a written request, grant an additional period of time as requested for the completion of such drilling program.

(Ord. G-6191 § 72, 1995; Ord. G-6077 § 198, 1994; Ord. G-4993 §§ 38, 39, 1989; Prior code § 7110.13)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 17, 3-8-21)