§ 9-811

The issuance of a Flood Variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a Flood Variance.

The Flood Variance criteria set forth in this Chapter are based on the general principle of zoning law that Flood Variances pertain to a piece of property and are not personal in nature. A Flood Variance may be granted for a parcel of land with physical characteristics so unusual that complying with the requirements of this Title for flood protection established in Chapter 9-703, Flood Hazards, would create an exceptional hardship to the applicant. These characteristics must be unique to the property; they must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Community Development Department and the Department of Public Works 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 Flood Variances from the flood elevation or from other requirements in Chapter 9-703, Flood Hazards, are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if Flood Variances are strictly limited. Therefore, the Flood Variance criteria provided in this Chapter are more detailed and contain multiple provisions that must be met before a Flood Variance can be properly granted. The criteria are designed to screen-out those situations in which alternatives other than a Flood Variance are more appropriate.

(a)

General Requirements. Flood Variances may be issued for new construction, substantial improvement, and other proposed new development 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 Chapter 9-301, Flood Hazard Overlay Zone, have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Flood Variance increases.

(b)

Historic Structures. Flood 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 an historic structure and the Flood Variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

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

(d)

Required Determination. Flood Variances shall only be issued upon a determination that the Flood 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 ordinance. For example, in the case of Flood Variances to an elevation requirement, this means the Community Development Department and the Department of Public Works 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 Community Development Department and the Department of Public Works believe will both provide relief and preserve the integrity of this Title.

(e)

Required Notice. Any applicant to whom a Flood Variance is granted shall be given written notice over the signature of the Zoning Administrator that:

(1)

The issuance of a Flood 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 $25.00 for $100.00 of insurance coverage, and

(2)

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Joaquin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(f)

Recordkeeping. The Floodplain Administrator will maintain a record of all Flood Variance actions, including justification for their issuance, and report such Flood Variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(a)

Factors to be Considered. In passing upon requests for Flood Variances, the Community Development Department and the Department of Public Works shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Title, and the:

(1)

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

(2)

Danger of life and property due to flooding or erosion damage;

(3)

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

(4)

Importance of the services provided by the proposed facility to the community;

(5)

Necessity to the facility of a waterfront location, where applicable;

(6)

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

Compatibility of the proposed use with existing and anticipated development;

(8)

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

(9)

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

(10)

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

(11)

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.

(b)

Criteria for Issuance. Flood Variances shall only be issued upon a:

(1)

Showing of good and sufficient cause;

(2)

Determination that failure to grant the Flood Variance would result in exceptional "hardship" to the applicant; and

(3)

Determination that the granting of a Flood Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

(c)

Protections from Flood Damage. Flood 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 9-811.020(a) through 9-811.020(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(d)

Conditions of Approval. Upon consideration of the factors of 9-811.020(a) and the purposes of this Chapter, the Community Development Department and the Department of Public Works may attach such conditions to the granting of Flood Variances as it deems necessary to further the purposes of this ordinance.

The review procedure for a Flood Variance Application shall be the same as for a Conditional Use Permit, as required by Chapter 9-804, Use Permits, and include a Public Hearing by the Planning Commission on the recommendations of the Community Development Department and the Public Works Department, which shall be subject to the noticing and the procedures in Chapter 9-802, Common Procedures.

The following provisions shall apply:

(a)

Historic Structures. Flood Variances may be issued for the 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 Chapter; and

(b)

Prohibitions. Flood Variances shall not be issued within a floodway if an increase in flood levels during the 100-year flood discharge would result.

Prior to approving an application for a Flood Variance, the Planning Commission shall find that all of the following are true:

(a)

There is good and sufficient cause for the Flood Variance;

(b)

Failure to grant the Flood Variance would result in exceptional hardship to the applicant;

(c)

The Flood Variance will not result in increased flood heights, create additional threats to public safety, produce extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

(d)

The Flood Variance is the minimum necessary, considering the flood hazard, to afford relief; and

(e)

Granting of the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the County's flood regulations.

Any applicant to whom a Flood Variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the regulatory flood elevation and that the cost of insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be prepared by the Community Development Department and recorded by the office of the San Joaquin County Recorder in such a manner to make it appear in the chain of title of the affected parcel of land.

Chapter 9-812 - Grading and Drainage Permits