§ 5-31

a.

Statutory Authorization. In addition to the authority cited in section 5-1.004 of this chapter, the Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

b.

Findings of Fact.

1.

The flood hazard areas of the City of Novato 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.

2.

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.

c.

Purpose. It is the purpose of this section 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:

1.

To protect human life and health;

2.

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

3.

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

4.

To minimize prolonged business interruptions;

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;

6.

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 flood blight areas;

7.

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

8.

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

d.

Methods. In order to accomplish its purposes, this section includes methods and provisions for:

1.

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 or flood heights or velocities;

2.

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

3.

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4.

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

5.

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

(Ord. No. 1154)

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Master plans

d.

Precise development plan

e.

Use permit

f.

Variance

g.

Plan review

h.

Building permit

i.

Encroachment permit

j.

Grading permit

(Ord. No. 1154)

5-31.005 General Provisions.

a.

Lands to Which This Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the City of Novato.

b.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazards identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, City of Novato, California, Marin County", dated April 3, 1984, with an accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FLOODWAY) or the most recent Flood Insurance Study as prescribed by the Federal Insurance

Administration is hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file within the Engineering Division of the Department of Community Development.

This Flood Insurance Study is the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are approved by the floodplain administrator.

c.

Compliance. No structure of land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Novato from taking such lawful action as is necessary to prevent or remedy any violation.

d.

Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this section and another section, chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

e.

Interpretation. In the interpretation and application of this section, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

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

f.

Warning and Disclaimer of Liability. The degree of flood protection required by this section 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 man-made or natural causes. This section 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 section shall not create liability on the part of the City of Novato, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

g.

Provisions of this section are intended to meet, if not exceed, minimum National Flood Insurance Program (NFIP) criteria for requirements for floodplain management regulations. The community retains the prerogative to set requirements which reasonably exceed minimum standards set forth in this section as circumstances may be warranted.

(Ord. No. 1154)

a.

Establishment of a Permit or Approval Process. Approval for all affected permit or approval processes shall be obtained before construction or development begins with any area of special flood hazards established in section 5-31.005b.

b.

Application. Application for a permit or approval process shall be made in accordance with requirements set forth by the applicable permit or approval process in this chapter. Information required may include but not be limited to: plans drawn to scale showing the nature, location, dimensions, and elevations 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:

1.

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

2.

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

3.

All appropriate certifications listed in section 5-31.006d, 4 of this chapter; and

4.

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

c.

Designation of the Floodplain Administrator. The city engineer is hereby appointed to administer and implement this section by reviewing development permits, plans and proposals in accordance with its provisions.

d.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

1.

Permit review.

(a)

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

(b)

Stipulate that all other required State and Federal permits shall be obtained;

(c)

Determine if the site is reasonably safe from flooding in order to apply the applicable provisions of this section.

(d)

Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

2.

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with section 5-31.005b, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer section 5- 31.008.

3.

Whenever a watercourse is to be altered or relocated:

(a)

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

(b)

Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

Obtain and maintain for public inspection and make available as needed:

(a)

The certification required in section 5-31.008a, 3(a) (floor elevations);

(b)

The certification required in section 5-31.008a, 3(b) (elevations in areas of shallow flooding);

(c)

The certification required in section 5-31.008a, 3(c)(3) (elevation or floodproofing of nonresidential structures);

(d)

The certification required in section 5-31.008a, 3(d)(1) or 5-31.008a, 3(d)(2) (wet floodproofing standard);

(e)

The certified elevation required in section 5-31.008c, 2 (subdivision standards);

(f)

The certification required in section 5-31.008e, 1 (floodway encroachments);

(g)

The information and certification required in section 5-31.008f, 6 (coastal construction standards).

5.

Make 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 5-31.010.

6.

Take action to remedy violations of this section as specified in section 5-31.005c.

(Ord. No. 1154)

5-31.007 Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

"Appeal" shall mean a request for a review of the floodplain administrator's interpretation of any provision of this section or a request for a variance.

"Area of shallow flooding" means a designated AO, AH or VO 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.

"Area of special flood hazard" - See "special flood hazard area."

"Base flood" shall mean the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood").

"Basement" shall mean any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway walls" shall be 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 designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any

all be 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 designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any

buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 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.

"Coastal high hazard area" shall be the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE or V.

"Community" shall mean the City of Novato, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

"Development" shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

"Elevated building" shall mean a nonbasement building:

a.

Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor, or in the case of a building in Zones Vl-30, VE or V, to have the bottom of the lowest

horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or sheer walls parallel to the floor of the water.

b.

Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE or V, "elevated building" shall also include a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway wall meets the definition of this section.

"Existing construction" shall mean for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. "Existing construction" may also be referred to as "existing structures."

"Flood or flooding" shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from; (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood boundary and floodway map" shall mean the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood Insurance Rate Map (FIRM)" shall mean 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.

"Flood insurance study" shall mean the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" shall mean any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodplain management" shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

"Floodplain management regulations" shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term which describes such

State or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention; and reduction.

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

"Floodway" shall mean 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. Also referred to as "regulatory floodway".

"Functionally dependent use" shall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term shall include only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

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

"Lowest floor" shall mean 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 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 nonelevation design requirements of this section.

"Manufactured home" shall mean 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 terms "manufactured home" shall also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

"Manufactured home park or subdivision" shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

"Mean sea level" shall mean, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction" shall mean, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management resolution adopted by this community.

"One hundred year flood" or "100-year flood" shall mean a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout this section.

"Person" shall mean an individual or his agent, firm, partnership, association, or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

"Principally above ground" shall mean that at least 51 percent of the actual cash value of the structure, less land value, is above ground.

"Remedy a violation" shall mean to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the section or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

nt regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the section or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

"Riverine" shall mean relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes" shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Special flood hazard area (SFHA)" shall mean an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as A, AO, Al-30, AE, A99, AH, VO, Vl-V30, VE or V.

"Start of construction" shall include substantial improvement, and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start shall mean 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.

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

"Substantial improvement" shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 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. The term does not, however, include either:

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

2.

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

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

"Violation" shall mean the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" shall mean the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

(Ord. No. 1154)

5-31.008 Provisions for Flood Hazard Reduction.

a.

Standards of Construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring.

(a)

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.

(b)

All manufactured homes shall meet the anchoring standards of section 5-31.008d.

2.

Construction Materials and Methods.

(a)

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

(b)

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d)

Require within Zones AH, AO or VO, adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3.

Elevation and Floodproofing.

(a)

New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in section 5-31.008a, 3(c). Upon start of construction of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification shall be provided to the floodplain administrator in a form and manner prescribed by the administrator.

(b)

New construction and substantial improvement of any structure in Zone AH, AO or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in section 5-31.008a, 3(c). Upon start of construction of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification shall be provided to the floodplain administrator in a form and manner prescribed by the administrator.

(c)

Nonresidential construction shall either be elevated in conformance with section 5-31.008a, 3(a) or (b) or together with attendant utility and sanitary facilities:

(1)

Be floodproofed so that structure is watertight with walls substantially impermeable to the passage of water one foot above the base flood level;

(2)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3)

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator in a form and manner prescribed by the administrator.

(d)

Require, for all new construction and substantial improvements, that 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. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(1)

Either 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

(2)

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

(e)

Manufactured homes shall also meet the standards in section 5-31.008d.

b.

Standards for Utilities.

1.

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

2.

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

c.

Standards for Subdivisions.

1.

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

2.

All final subdivision plans will provide the elevation of proposed structure(s) and pads. 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 in a form and manner prescribed by the administrator.

3.

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

4.

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

5.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

d.

Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:

1.

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

2.

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

e.

Floodways. Located within areas of special flood hazard established in section 5-31.005b are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development 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.

If section 5-31.008e, 1 is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of section 5-31.008.

f.

Coastal High Hazard Areas. Within coastal high hazard areas established in section 5-31.005b, the following standards shall apply:

1.

All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation.

2.

All new construction shall be located on the landward side of the reach of mean high tide.

3.

All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.

4.

Fill shall not be used for structural support of buildings.

5.

Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

6.

The floodplain administrator shall obtain and maintain the following records:

(a)

Certification by a registered engineer or architect that a proposal structure complies with section 5-31.008f, 1.

(b)

The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

(Ord. No. 1154)

a.

Variances and exceptions to the requirements of this section shall be processed in accordance with the provisions of section 5-3.010 of this chapter and in conformance with the following provisions:

1.

In passing upon such applications for variance or exceptions, all technical evaluations, all relevant factors, standards specified in other sections shall be considered; and

(a)

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

(b)

The danger of life and property due to flooding or erosion damage;

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d)

The importance of the services provided by the proposed facility to the community;

(e)

The necessity to the facility of a waterfront location, where applicable;

(f)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion danger;

(g)

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

(h)

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

(i)

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

(j)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters 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 system, and streets and bridges.

2.

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 section 5-31.010a, 1(a) through section 5-31.010a, 1(k) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

3.

Upon consideration of the factors of section 5-31.010a, 1 and the purposes of this section, the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

4.

The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

b.

Conditions for Variances.

1.

Variances may be issued for reconstruction, rehabilitation or restoration of structures listed in 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 section.

2.

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

3.

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

Variances shall only be issued upon:

(a)

A showing of good and sufficient cause;

(b)

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

(c)

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 of the public, or conflict with existing local laws or ordinances.

5.

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 section 5- 31.010a, 5 through section 5-31.010a, 8 are satisfied 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.

6.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice (Grant of Variance) shall be recorded in the Office of the Marin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The applicant shall pay all fees associated with the recordation of the Grant of Variance.

(Ord. No. 1154)