Part IX — Exceptions

A request for an exception to the provisions of this chapter or the permit conditions may be considered by the Planning Director if the exception is necessary to mitigate a threat to public health, safety and welfare.

(Ord. 5350 § 1, 2020)

The Planning Director shall base their decisions on technical justifications submitted by applicants, the considerations for issuance in SCCC § 16.13.820, and the conditions of issuance set forth in SCCC § 16.13.830, and has the right to attach such conditions as they deem necessary to further the purposes and objectives of this chapter. (Ord. 5350 § 1, 2020)

An exception shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in SCCC § 16.13.410.

(Ord. 5350 § 1, 2020)

A request for an exception shall state in writing the reason why the exception is requested, the proposed substitute provisions, when the exception would apply, and the threat to public health, safety, or welfare that would be mitigated. (Ord. 5350 § 1, 2020)

The exceptions set forth in this part are based on the general principle of zoning law that exceptions pertain to a piece of property and are not personal in nature. An exception 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.

The interest in protecting citizens from flooding is compelling, and the cost of insuring a structure built below flood level so onerous that exceptions from the flood elevation or other health and safety requirements in the flood regulations of this chapter shall be granted in rare circumstances and only where no other alternative is available. (Ord. 5350 § 1, 2020)

In reviewing applications for exceptions, the Planning Director shall consider all technical

Downloaded from https://ecode360.com/SA4770 on 2026-07-06

County of Santa Cruz, CA

ENVIRONMENTAL AND RESOURCE PROTECTION

16.13.820

16.13.830

evaluations, all relevant factors, all other applicable provisions of the building codes, this chapter, and all of the following:

• (A) The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

• (B) The danger to life and property due to flooding or erosion damage;

• (C) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

• (D) The importance of the services provided by the proposed development to the County of Santa Cruz;

• (E) The necessity to the structure of a waterfront location, where applicable;

• (F) The availability of alternate locations for the proposed development that are not subject to flooding or erosion;

• (G) The compatibility of the proposed development with existing and anticipated development;

• (H) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area;

• (I) The safety of access to the property in times of flood for ordinary and emergency vehicles;

• (J) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

• (K) The costs 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, streets and bridges.

• (Ord. 5350 § 1, 2020)

Exceptions shall be issued only upon:

• (A) Submission by the applicant of technical information showing good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site renders the elevation standards inappropriate;

• (B) A determination by the Floodplain Administrator that failure to grant the exception would result in exceptional hardship by rendering the lot undevelopable;

• (C) A determination by the Floodplain Administrator that the granting of an exception will not result in any increase to flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws;

• (D) A determination by the Floodplain Administrator that the exception is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of exceptions to an elevation requirement, exceptions need not be

Downloaded from https://ecode360.com/SA4770 on 2026-07-06

County of Santa Cruz, CA

SANTA CRUZ COUNTY CODE

16.13.830

16.13.860

granted for permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which will both provide relief and preserve the integrity of the regulatory requirements.

Upon consideration of the factors in SCCC § 16.13.820 and the purposes of this chapter, conditions may be attached to the granting of exceptions as necessary to further the purposes of this chapter.

• (Ord. 5350 § 1, 2020)

In granting an exception, the Planning Director shall make the following findings:

• (A) That the project is necessary to mitigate a threat to public health, safety, or welfare;

• (B) That hardship exists;

• (C) That the request is for the smallest amount of variance from the provisions of this chapter as possible; and

• (D) That adequate measures will be taken to ensure consistency with the purposes of this chapter and the County General Plan.

• (Ord. 5350 § 1, 2020)

Any applicant to whom an exception is granted shall be given written notice of the terms and conditions, if any, of the exception, and said notice shall also include the following:

• (A) That the issuance of an exception to construct a structure below the base flood level or not meet the standards prescribed in this chapter will result in substantially increased premium rates for flood insurance;

• (B) That such construction below the base level or construction that does not meet the standards prescribed in this chapter increases risks to life and property;

• (C) The County of Santa Cruz shall be exempt from liability for any personal or property damage caused by construction below the base flood level or construction that does not meet the standards prescribed by this chapter; and

• (D) That a copy of the written notice shall be recorded on the deed so that it appears in the chain of title of the affected parcel of land.

• (Ord. 5350 § 1, 2020)

The Floodplain Administrator will maintain a record of all exception actions, including justification for their issuance, and report such exceptions issued in its biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency. (Ord. 5350 § 1, 2020)

Downloaded from https://ecode360.com/SA4770 on 2026-07-06

County of Santa Cruz, CA

ENVIRONMENTAL AND RESOURCE PROTECTION

16.13.870

16.13.880