(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)