San Ramon Municipal Code Art. 4 Variances and Appeals

A. General. The floodplain administrator may grant variances from the requirements of this Chapter to allow construction in a manner that otherwise would be prohibited. Such variances are rare and may only be granted in cases of extreme hardship as defined in Section C4-49. Variances may be issued by a community 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. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. The scope of the variance must be the minimum necessary, considering the flood hazard, to provide relief. "Minimum necessary" means to provide relief with a minimum of deviation from the requirements of this Chapter. The floodplain administrator may impose conditions in granting a variance. A record of all variances granted, including justification for the variance, shall be maintained by the floodplain administrator and reported in the administrator's biennial report to the Federal Emergency Management Agency or as otherwise required by FEMA. B. Application and Notice. An application for a variance shall be filed with the floodplain administrator and shall include such information as the administrator may require. Upon receipt of the application the floodplain administrator shall mail or deliver notice of the variance application and shall conduct all proceedings on the application in the same manner as provided in C4-61 for a development permit. C. Factors to Be Considered. In acting upon a variance application the floodplain administrator shall consider all applicable technical evaluations and standards and other relevant factors including but not limited to the following: 1. The danger to life and property that materials may be swept onto other lands; 2. The danger to life and property as the result of flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage; 4. The importance to the public of services provided by the proposed facility; 5. The availability of alternative locations not subject to flooding or erosion damage; 6. The compatibility of the proposed use with existing and anticipated development; 7. The relationship of the proposed use to the comprehensive plan and floodplain management program; 8. The safety of access to the property in time of flood for ordinary and emergency vehicles; 9. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and 10. The costs of providing governmental service during and after flood conditions including repair and maintenance of public infrastructure. D. Findings. In order to grant a variance the floodplain administrator must make all of the following findings: 1. That good and sufficient cause exists;

City of San Ramon, CA | Municipal Code 415

2. That failure to grant the variance would cause the applicant "exceptional hardship" as defined in this chapter;
   3. That granting the variance will not increase flood levels during the base flood discharge within a mapped regulatory floodway;
   4. That the relief granted is the minimum necessary; and
   5. That granting the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance as defined in Section C4-49, cause fraud or victimization of the public, or conflict with existing local ordinances or regulations.

E. Historic Structure Exemption. The floodplain administrator may grant a variance for the repair or rehabilitation of a "historic structure" as defined in section C4-49 on the sole finding 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. F. Notice to Applicant. Every applicant to whom a variance is granted shall be given written notice by the floodplain administrator that (a) issuance of a variance to construct a structure below the base flood level may result in a significant increase in premium rates for flood insurance and (b) construction below the base flood level increases the risk to life and property. G. Recording. The floodplain administrator shall cause notice of the variance to be recorded in the Office of the Contra Costa Recorder so that such notice appears of record against the real property receiving the variance. (Ord. No. 414, §§ 1, 2, 4-28-2009; Ord. No. 508, § 1, 06/22/2021)

Effective on: 7/22/2021

Any decision by the floodplain administrator on an application for a development permit or variance may be appealed to the planning commission by the applicant or any interested person. The appeal shall be filed with the city clerk within ten calendar days of the date of the decision except that the period shall be extended by one working day if the appeal period ends on a weekend or holiday. The appeal shall be noticed, processed, and acted upon as provided in sections D7-12 and D7-13 of the San Ramon Zoning Ordinance. The decision of the planning commission may be appealed to the city council as provided in Chapter D7-IV of the Zoning Ordinance. (Ord. No. 414, §§ 1, 2, 4-28-2009)

C4-83 through C4-90. Reserved.