This chapter is adopted pursuant to the authority granted to cities under Article XI, Section 7 of the California Constitution and the additional authority granted to cities by the legislature of the state of California through Government Code Sections 65302, 65560,and 65800, which confer upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
(Ord. 07-11 § 1)
It is the purpose of this chapter, together with Title 18, 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:
A. 
Protect human life and health;
B. 
Minimize expenditure of public money for costly flood control projects;
C. 
Increase preparedness for flooding in order to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. 
Minimize prolonged business interruptions;
E. 
Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard.
(Ord. 07-11 § 1)
The city council of the city of West Sacramento finds and determines that:
A. 
The flood hazard areas of the city of West Sacramento are vulnerable to periodic inundation which could 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 are caused by uses that are inadequately protected from flood damage. New construction in areas that do not meet the 200 year criteria further increases these flood losses and may result in an increase of flood heights also contributing to additional flood loss.
C. 
New federal standards coupled with heightened commitment to flood protection by state and federal agencies prompted the city of West Sacramento to reassess the adequacy of its flood control system and to establish a flood management program designed to provide a minimum 200 year flood protection.
D. 
New structures depend on and will benefit from flood protection improvements.
E. 
Flood protection improvements should be integrated with the existing levee system and with federal, state and regional flood management efforts.
F. 
Goal C, Policy 5 of the Public Facilities and Services Element of the West Sacramento General Plan provides that: "the city shall cooperate with other responsible agencies in ensuring that levees surrounding the city are maintained and improved to provide a minimum of 200 year flood protection."
(Ord. 07-11 § 1)
Except as otherwise provided below, terms shall have the meaning set forth in Title 18 unless a different intent is evident from the context of the term's use.
(Ord. 07-11 § 1)
A. 
General. This chapter shall apply to all projects involving the construction of anew structure requiring a building permit, irrespective of whether the project may have vested rights under California law prior to the effective date of the ordinance codified in this chapter. The city hereby finds and determines that the requirements of this chapter shall apply to projects with vested rights because failure to do so would place the residents of the project or the immediate community, or both, in a condition dangerous to their health or safety, or both.
B. 
Exceptions. This chapter shall not apply to:
1. 
A new structure that replaces a previously existing structure of similar type (e.g., single-family home replacing another single-family home) provided both of the following conditions apply:
a. 
The replacement structure does not increase the square footage of the structure by more than fifteen percent; and
b. 
The building permit application for construction of the new structure is filed within twelve months of the date the previous structure was removed.
2. 
A new structure if the building permit application for the structure was determined by the city to be complete prior to the effective date of the ordinance codified in this chapter.
3. 
A new structure that is both an "accessory structure," as defined in Title 17, and is not intended for use as a dwelling.
(Ord. 07-11 § 1)
A. 
No building permit shall be issued in connection with the construction of any new structure until the applicant for the building permit demonstrates to the satisfaction of the floodplain administrator that: (1) prior to occupancy, the structure will have 200 year flood protection; and (2) any improvements constructed or measures implemented by the applicant to ensure 200 year flood protection will not significantly increase the risk of flooding or the effect of flooding on any adjacent or nearby properties.
B. 
An applicant shall demonstrate compliance with this chapter either by:
1. 
The construction of flood management improvements or other mitigation measures beyond those set forth in Title 18. The floodplain administrator shall review the design and sufficiency of any such improvements or mitigation measures and may approve, conditionally approve, or disapprove proposed improvements and measures.
2. 
The payment to the city of an in-lieu flood management fee in an amount established by resolution of the city council. In-lieu flood management fees shall be paid at the time of issuance. of building permits and the director of finance shall maintain and separately account for the fees, including the interest that may accrue, and shall permit use of the fees exclusively for the purpose of flood protection management.
(Ord. 07-11 § 1)
A. 
Decisions of the floodplain administrator approving, conditionally approving, or disapproving proposed improvements or mitigation measures shall be subject to appeal to the city council in accordance with the procedures set forth in Chapter 1.08.
B. 
The city manager may promulgate guidelines for the implementation of this chapter.
C. 
In addition to the in-lieu fee described in Section 15.50.060, the city council may, by resolution, establish a reasonable fee for the administration of this chapter, including the review of proposed flood management improvements.
(Ord. 07-11 § 1)
The requirements set forth in this chapter shall be in addition to those contained in Title 18, and compliance with the requirements of this chapter or Title 18 shall not be deemed to be compliance with the other. In the event of any conflict between any provision contained in this chapter and Title 18, the more restrictive provision shall control.
(Ord. 07-11 § 1)
Nothing in this chapter shall be construed as requiring the city to enforce its provisions against any individual in violation hereof. This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
(Ord. 07-11 § 1)
Nothing in this chapter shall in any way preclude or limit any aggrieved party from seeking judicial review after such person has exhausted the administrative remedies provided in this chapter. However, it shall be conclusively presumed that a litigant has not exhausted administrative remedies of any and all issues not raised in the administrative proceedings authorized herein.
(Ord. 07-11 § 1)