Neither the Planning Commission nor the City Council shall grant a variance unless it has found from the evidence admitted during the hearing before the Commission or Council that:
(A) The failure to grant a variance would result in exceptional hardship to the applicant;
(B) The granting of a variance will not:
(1) Result in increased flood heights an additional threat to the public safety or extraordinary public expense;
(2) Create a nuisance such that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
(3) Result in a fraud upon or victimization of the public; or
(4) Conflict with other laws of the State of California or the City of Corona;
(C) The variance requested is the minimum necessary to afford relief
(D) In determining whether the variance will result in a fraud upon or victimization of the public, the Corona City Council or the Corona Planning Commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the BFE are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
(`78 Code, § 18.24.050.) (Ord. 2961 § 9, 2008; Ord. 1886 § 1 (part), 1988.)