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(A) Generally, 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 §§ 153.12 through 153.18 and §§ 153.30 through 153.32 of this chapter have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(B) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in § 153.04 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(C) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(D) 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 to an elevation requirement, this means 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 believes will both provide relief and preserve the integrity of the local ordinance.
(E) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official 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. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Riverside 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) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
(Ord. 1537, passed 6-9-08)
ADMINISTRATION AND ENFORCEMENT
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
(A) Permit review. Review all development permits to determine:
(1) Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means 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 city; and
(5) All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
(B) Development of substantial improvement and substantial damage procedures.
(1) Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "market value."
(2) Assure procedures are coordinated with other departments/divisions and implemented by community staff.
(C) Review, use and development of other base flood data.
(1) When base flood elevation data has not been provided in accordance with § 153.07, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer §§ 153.13 through 153.18.
(2) NOTE. A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.
(D) Notification of other agencies.
(1) Alteration or relocation of a watercourse:
(a) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(b) Submit evidence of such notification to the Federal Emergency Management Agency; and
(c) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(2) Base Flood Elevation changes due to physical alterations:
(a) Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
(b) All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
(c) Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
(3) Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
(E) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
(2) Certification required by § 153.13(C)(2) (elevation or floodproofing of nonresidential structures);
(3) Certification required by § 153.13(C)(3) (wet floodproofing standard);
(4) Certification of elevation required by § 153.15(A)(3) (subdivisions and other proposed development standards);
(5) Certification required by 153.18(B) (floodway encroachments); and
(6) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
(F) Map determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 § 153.32.
(H) Biennial report. Complete and submit biennial report to FEMA.
(I) Planning. Assure community's General Plan is consistent with floodplain management objectives herein.
(Ord. 1537, passed 6-9-08)
(A) In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, 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) Variances shall only be issued upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and
(3) Determination that the granting of a 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) 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 § 153.33 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) Upon consideration of the factors of § 153.20(A) and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 1537, passed 6-9-08)