A. The planning commission shall hear and decide the appeals and requests for variances from the requirements of this chapter when it is alleged that there is an error in any requirement, decision or determination made by the chief building official in the enforcement or administration of this chapter. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other provisions of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of 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 the existing individual owner and future owners of the property;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity for the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which 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 floodwaters 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 system, and streets and bridges.
B. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the chief building official in the office of the county recorder for San Bernardino County and shall be recorded in a manner so that it appears in the chain of title to the affected parcel of land.
C. Upon consideration of the factors listed in this section and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The chief building official shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. (Ord. 2837, 2016)