Chapter 6.16 — FLOOD DAMAGE PREVENTION

Chapter 6.16 - FLOOD DAMAGE PREVENTION

Sections:

a.

The flood hazard areas of the City of Fillmore are subject to periodic inundation which results 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 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.

(Ord. 602 § 1 (part), 1988)

It is the purpose of this chapter 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:

a.

To protect human life and health;

b.

To minimize expenditure of public money for costly flood-control projects;

c.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d.

To minimize prolonged business interruptions;

e.

To 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;

f.

To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future blight areas;

g.

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

h.

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 602 § 1 (part), 1988)

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

a.

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, flood heights or velocities;

b.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c.

Controlling the alteration of natural flood- plains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

d.

Controlling filling, grading, dredging, and other development which may increase flood damage; and

e.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 602 § 1 (part), 1988)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(1)

"Alluvial fan" means an area subject to flooding when the floodplain is comprised of low flow channels where sediment accompanies the shallow flooding and the unstable soils scour and erode during a flooding event.

(2)

"Appeal" means a request for a review of floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

(3)

"Area of shallow flooding" means a designated AO Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

(4)

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

(5)

"Basement" means any area of the building having its floor subgrade—i.e., below ground level—on all sides.

(6)

"Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is so designed as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on 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 twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(A)

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

(B)

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 the base flood.

(7)

"Development" means any manmade change to improved or unimproved real estate. filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

(8)

"Existing manufactured home park or subdivision" means a manufactured home park 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, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance codified in this chapter.

(9)

"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).

(10)

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(A)

The overflow of inland or tidal floodwaters; and/or

(B)

The unusual and rapid accumulation of runoff of surface water from any source.

(11)

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

(12)

"Flood insurance rate map (FIRM) " means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(13)

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map (FIRM), the flood boundary floodway map, and the water surface elevation of the base flood.

(14)

"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, floodcontrol works and floodplain management regulations.

(15)

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

(16)

"Flood-related erosion" means a condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse; a condition that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse.

(17)

"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. Also referred to as "regulatory floodway."

(18)

"Hazard mitigation plan" means a plan that incorporates a process whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to floodplain management community-wide.

(19)

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

(20)

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "Basement") 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. (Note: This definition allows attached garages to be built at grade. Belowgrade garages are not allowed as they are considered to be basements.)

(21)

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.

(22)

"Mean sea level" means the mean sea level elevation as established by the Ventura County Surveyor.

(23)

"New construction" means structures for which the "start of construction" commences on or after the effective date of the ordinance codified in this chapter.

(24)

"New manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale, for which the construction of facilities for servicing the lot (including, at the minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of the ordinance codified in this chapter.

(25)

"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on the FIRM as Zone A, AO. A1-30, AE, A99 or AH.

(26)

"Start of construction" includes substantial improvement, and is the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, 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/or walkways; nor does it include excavation for a basement, footings, piers, 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 structure.

(27)

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

(28)

"Substantial improvement" means any repair, reconstruction or improvement to a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

(A)

Before the improvement or repair is started; or

(B)

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

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term does not, however, include either:

(i)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(ii)

Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

(29)

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

(Ord. 735 § 1, 1998; Ord. 602 § 1 (part), 1988)

6.16.050 - Lands to which this chapter applies.

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

(Ord. 602 § 1 (part), 1988)

The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Fillmore," dated February 1, 1984, with an accompanying flood insurance rate map, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the City Hall, 250 Central Avenue, Fillmore, California 93015. This Flood Insurance Study 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 of Fillmore by the floodplain administrator.

(Ord. 735 § 2, 1998; Ord. 602 § 1 (part), 1988)

It is unlawful for any person to construct, locate, extend, convert or alter any structure without full compliance with the terms of this chapter and other applicable regulations.

(Ord. 602 § 1 (part), 1988)

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and/or other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 602 § 1 (part), 1988)

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

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

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

(Ord. 602 § 1 (part), 1988)

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 of Fillmore, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 602 § 1 (part), 1988)

A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 6.16.060. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, without limitation: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a)

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

(b)

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

(c)

All appropriate certifications listed in Section 6.16.130(c)(1) of this chapter:

(d)

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

(Ord. 602 § 1 (part), 1988)

The city engineer is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

(Ord. 602 § 1 (part), 1988)

6.16.130 - Duties and responsibilities of the Administrator.

The duties and responsibilities of the Administrator shall include, without limitation:

(a)

Permit Review.

(1)

Review of all development permits to determine that the permit requirements of this chapter have been satisfied;

(2)

Ensure that all other required state and federal permits have been obtained;

(3)

Review of all development permits to determine that the site is reasonably safe from flooding;

(4)

Review of all development permits to determine whether the proposed development adversely affects the flood-carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point.

(b)

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 6.16.060, Basis for establishing the areas of special flood hazard, the floodplain administrator shall obtain, review and reasonably utilize the base flood data available from any source, federal, state, or other; such as high-water mark(s), floods of record, or private engineering reports, and provide the developer with an estimated base flood elevation. Any such information shall be submitted to the city of Fillmore for adoption.

(1)

Single parcels will be required to elevate the lowest floor of any residential structure to no less than two feet above natural grade when base flood data does not exist. Nonresidential structures may be required to elevate or floodproof to meet this standard.

(2)

Multiple parcels (five or more) will be required to have all proposals establish the one- hundred-year base flood elevation before consideration of the preliminary plan for development. The floodplain administrator may require standards exceeding those identified in Section 6.16.180.

(c)

Information to be Obtained and Maintained.

The floodplain administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies:

(1)

The certification required in Sections 6.16.140 (c)(1); 6.16.140(c)(2); 6.16.140 (c)(3)(F); 6.16.140 (c)(4)(A) or 6.16.140(c)(4)(B); 6.16.180(b); and 6.16.200(a); and

(2)

Certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the structure's lowest horizontal member is required at that point where the footings are set and slab poured. Failure to submit elevation certification shall be cause to issue a stop-work order for the project. As-built plans certifying the elevation of the lowest adjacent grades are also required.

(3)

If fill is used to elevate a structure above the base flood elevation, the permit holder may wish to apply for a Letter of Map Amendment (LOMA), as set forth in Section 6.16.240 of this chapter.

(d)

Alteration of Watercourses. It is the responsibility of the floodplain administrator to:

(1)

Notify adjacent communities and the state of California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration:

(2)

Require that the flood-carrying capacity of the altered or relocated portion of such watercourse be maintained.

(e)

Interpretation of flood insurance rate map (FIRM) boundaries. The floodplain administrator will provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 6.16.220 of this chapter.

(f)

Maintenance of Flood Protection Measures. The floodplain administrator shall maintain all city-owned flood protection structures (levees, dikes, dams, or reservoirs) within the city of Fillmore where such structures provide protection. If such structures are privately owned, an operation or maintenance plan will be required of the owner to be on file with the floodplain administrator. The community is required to acknowledge all maintenance plans by the adoption of such plans by ordinance. If such structures are owned by outside governmental agencies the administrator shall coordinate with the agencies to assure that the structures are properly maintained.

(g)

Hazard Mitigation Plan. The local agency or board responsible for reviewing all proposals for new development shall weigh all requests for future floodplain development against the community's General Plan.

Consideration of the following elements is required before approval:

(1)

Determination whether a proposed development is in or affects a known floodplain;

(2)

Informing the public of the proposed activity:

(3)

Determination as to whether there is a practicable alternative or site for the proposed activity;

(4)

Identification of impact of the activity on the floodplain;

(5)

Provision of a plan to mitigate the impact of the activity with provisions in Section 6.16.130(a)(4) of this chapter.

(Ord. 602 § 1 (part), 1988)

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

(a)

Anchoring.

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All manufactured home units shall meet the anchoring standards of Section 6.16.190 of this chapter.

(b)

Construction Materials and Methods.

(1)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)

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

(3)

All elements that function as a part of the structure, such as furnace, hot water heater, air conditioner, etc., shall be elevated to or above the base flood elevation or depth number specified on the flood insurance rate map (FIRM).

(4)

Within Zones AH or AO, adequate drainage paths shall be required around structures on slopes to guide floodwaters around and away from proposed structures.

(c)

Elevation and Floodproofing.

(1)

New construction and substantial improvements of any structure shall have the lowest floor or basement floor elevated to one foot above the base flood elevation or the most current one hundred year flood elevation as determined by the Ventura County Flood Control District, whichever is higher. Existing portions of structures shall be raised or protected from this highest flood elevation when substantial improvements are made. Nonresidential structures will meet the standards in Section 6.16.140(c)(3) of this chapter. Upon completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor or verified by the local building inspector that the elevation requirements have been met. Notification of compliance shall be recorded as set forth in Section 6.16.130(c) of this chapter.

(2)

New construction and substantial improvement to any structure in a Zone AO shall have the lowest floor or basement floor elevated to or above the depth number specified on the flood insurance rate map (FIRM). If there is no depth number on the flood insurance rate map (FIRM), the bottom of the lowest floor beam or basement floor shall be elevated to a depth of two feet above the highest adjacent grade. Nonresidential structures will meet standards in Section 6.16.140(c)(3) of this chapter. Upon completion of the structure, compliance to the elevation requirement shall be certified by a registered professional engineer or surveyor or verified by the local building inspector. Notification of compliance shall be recorded as set forth in Section 6.16.130(c)(2) of this chapter.

(3)

Nonresidential construction shall either be elevated in conformance with Section 6.16.140(c)(1) or (c)(2), or, together with attendant utility and sanitary facilities, be floodproofed to the base flood elevation. Examples of floodproofing include, but are not limited to:

(A)

Installation of watertight doors, bulkheads and shutters;

(B)

Reinforcement of walls to resist water pressure;

(C)

Use of paints, membranes or mortars to reduce seepage through walls;

(D)

Addition of weight to the structure to resist flotation;

(E)

Armor protection of all fill materials from scour and/or erosion;

(F)

Certification by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in subsection (c)(1) of this section.

(4)

New construction and substantial improvements with 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. Design for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed either of the following minimum criteria:

(A)

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed 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, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

(B)

Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

(5)

Manufactured homes shall meet the above standards and also the standards of this section.

(Ord. 735 § 3, 1998; Ord. 602 § 1 (part), 1988)

Areas subject to alluvial fan flooding have irregular flow paths that result in erosion of existing channels and the undermining of fill material. Those areas are identified on the flood insurance rate map (FIRM) as AO Zones with velocities.

(a)

All structures must be securely anchored to minimize the impact of the flood and sediment damage.

(b)

All new construction and substantial improvements must be elevated on pilings, columns, or armored fill so that the lowest floor is elevated at or above the depth number.

(c)

Use of all fill materials must be armored to protect the material from the velocity of the flood flow.

(d)

All proposals for subdivision development must provide a mitigation plan that identifies the engineering methods used to:

(1)

Protect structures from erosion and scour caused by the velocity of the flood flow:

(2)

Capture or transport flood and sediment flow through the area of development to a safe point of disposition.

(e)

All manufactured homes shall be prohibited within the identified hazard area except within existing manufactured home parks or subdivisions.

(Ord. 602 § 1 (part), 1988)

6.16.160 - Standards for storage of materials and equipment.

(a)

The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive. or could be injurious to human, animal or plant life, is prohibited.

(b)

Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(Ord. 602 § 1 (part), 1988)

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

(b)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. 602 § 1 (part), 1988)

(a)

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(b)

All final subdivision plans will provide the elevation of proposed structure(s), pads and adjacent grade. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator as set forth in Section 6.16.130(c)(1) of this chapter.

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in Section 6.16.130 (a)(1) of this chapter.

(Ord. 602 § 1 (part), 1988)

All new and replacement manufactured homes and additions to manufactured homes shall:

(a)

Be elevated so that the lowest floor is at or above the base flood elevation; and

(b)

Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

(Ord. 602 § 1 (part), 1988)

Located within areas of special flood hazard established in Section 6.16.060 of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater which carry debris, potential projectiles and erosion potential, the following provisions apply:

(a)

Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification by a registered professional engineer or architect is provided, demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(b)

If no floodway is identified, the permit holder shall provide an engineering study for the project area that establishes a setback where no encroachment of any new development will be allowed that would increase the water surface elevation of the base flood, plus one foot; or establish a setback from the stream bank equal to five times the width of the stream at the top of the bank or twenty feet on each side from the top.

(Ord. 602 § 1 (part), 1988)

(a)

The floodplain administrator shall require permits for proposed construction and other development with all flood-related erosion-prone areas as known to the community.

(b)

Such permits shall be reviewed to determine whether the proposed site alteration and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

(c)

If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

(d)

Within Zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

(Ord. 602 § 1 (part), 1988)

(a)

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

(b)

The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(c)

The applicant or any taxpayer aggrieved by the decision of the city council may appeal such decision to the Superior Court, as provided in Section 1094.5 of the Code of Civil Procedures of the State of California.

(d)

In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards. etc., specified in other sections of this chapter, and:

(1)

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

(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 the 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 uses that are not subject to flooding or erosion damage;

(7)

The compatibility of the proposed use with existing and anticipated development:

(8)

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

(9)

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

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;

(11)

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 system, and streets and bridges.

(e)

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 and surrounded by lots with existing structures constructed below the base flood level, providing all items in subsection (d) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(f)

Upon consideration of the factors of subsection (d) of this section and the purpose of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

(g)

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Ord. 735 § 4, 1998; Ord. 602 § 1 (part), 1988)

(a)

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 article.

(b)

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

(c)

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

(d)

Variances shall be based only upon:

(1)

A showing of good and sufficient cause such as renovation, rehabilitation or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are not good and sufficient cause;

(2)

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

(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 to the public, or conflict with existing local laws or ordinances.

(e)

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 provisions of subsection (a) through (d) of 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.

(f)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a specified lowest flood elevation below the base flood elevation and that the cost of flood insurance will be as high as twenty-five dollars for one hundred dollars of insurance coverage. A copy of the notice shall be recorded by the floodplain administrator in the office of the Ventura County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. 735 § 5, 1998; Ord. 602 § 1 (part), 1988)

There are two methods of appeal that exempt a structure from the purchase of flood insurance: both must be supported by the items listed below:

(a)

Appeal to elevation requirements:

(1)

An actual stamped copy of the recorded plat map of the property showing official recordation and proper citation, or a photocopy of property's legal description (e.g.. lot, block and plot number, etc.);

(2)

A copy of the flood hazard boundary map (FHBM) and/or flood insurance rate map (FIRM). Both must identify the location of the property;

(3)

A certification by a registered professional engineer or land surveyor or verification by the community building official stating:

(A)

The type of structure,

(B)

The elevation of the lowest finished grade adjacent to the structure,

(C)

The elevation of the lowest floor.

(b)

Appeal of location:

(1)

An actual stamped copy of the recorded plat map of the property showing official recordation and proper citation, or a photocopy of property's legal description (e.g., lot, block and plot number, etc.);

(2)

A copy of the flood hazard boundary map (FHBM) and/or flood insurance rate map (FIRM). Both must identify the location of the property as not within Zone A;

(3)

Verification by local building official as to the property's location.

(Ord. 602 § 1 (part), 1988)