Article III — PERMIT, APPEAL AND VARIANCE PROCEDURES

SEC. 18-25. ISSUANCE OF DEVELOPMENT PERMIT.

(A) A development permit shall be obtained before construction or development begins, including manufactured homes, within any area of special flood hazard (as defined in sections 18-2 and 18-9). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to, 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.

(B) The application shall specifically require the following information:

(1) Site plan, including, but not limited to:

(a) For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one foot contour

elevations throughout the building site;

(b) Proposed locations of water supply, sanitary sewer, and utilities;

(c) If available, the base flood elevation from the effective Flood Insurance Study and/or Flood Insurance Rate Map; and

(d) If applicable, the location of the regulatory floodway.

(2) Foundation design detail, including but not limited to:

(a) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

(b) For a crawl-space foundation, location and total net area of foundation openings as required in section18-35 and FEMA Technical Bulletins 1-93 and 7-93;

and

(c) For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95% using the Standard Proctor Test method).

(3) Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in subsection18-35(C)(2) and FEMA

Technical Bulletin TB 3-93.

(4) All appropriate certifications listed in subsection 18-21(E); and

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

(`64 Code, Sec. 35-17) (Ord. No. 2426, 2640, 2989)

SEC. 18-26. APPEAL BOARD.

(A) The city council is designated as the appeal board and 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 the applicant alleges that the floodplain administrator made an error in any requirement, decision, or determination in the enforcement or administration of this chapter.

(C) In deciding such appeals, the city council shall consider all technical evaluations and relevant factors, and standards specified in other sections of this chapter, including the following factors:

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

(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 current and future owners of the property;

(4) The importance of the services provided by the proposed facility to the city;

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

(6) The availability of alternative locations for the proposed use 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 time 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; and

(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 systems, and streets and bridges.

(D) Upon consideration of the factors of subsection (C) above and the purposes of this chapter, the city council may attach such conditions to appeals and variances granted.

(E) Any applicant to whom a variance is granted shall be given written notice signed by the floodplain administrator that:

(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high

as $25 for $100 of insurance coverage; and

(2) Such construction below the base flood level increases risks to life and property.

(F) The floodplain administrator shall record a copy of the notice in the Office of Ventura County Recorder in such manner that the notice appears in the chain of the title of the affected parcel of land.

(G) The floodplain administrator shall maintain a record of all variance decisions, including the justification for their issuance, and report variances granted in the biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(`64 Code, Sec. 35-19) (Ord. No. 2426, 2640)

SEC. 18-27. CONDITIONS FOR VARIANCES.

(A) The variance criteria set forth in this section are based on the general principle of zoning laws that variances pertain to a piece of property and are not personal in nature. A variance 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 property owner or surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants or the property owners.

(B) It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can be met only if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly granted. The guidelines are designed to identify situations in which alternatives other than a variance are more appropriate.

(C) Generally, variances may be issued for new construction, substantial improvement, and other proposed new developments 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 that the procedures of Articles 2 and 4 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(D) Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(E) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(F) Variances shall only be issued upon a determination that the variance 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 variances from an elevation requirement, the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council finds will both provide relief and preserve the integrity of this chapter.

(G) Variances shall be issued only upon a:

(1) Showing of good and sufficient cause;

(2) Determination that failure to grant the variance would result in exceptional hardship (as defined in section18-2 of this chapter) to the applicant; and

(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance (as defined in section 18-2 of this chapter), cause fraud or victimization (as defined in section18-2 of this chapter) of the public, or conflict with other city ordinances.

(H) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 18-27(C) through 18-27(H) are satisfied, that the structure or other development is protected by methods that minimize flood damages during the base flood, and that the variance does not result in additional threats to public safety or create a public nuisance.

(`64 Code, Sec. 35-20) (Ord. No. 2426, 2640)