Laguna Beach City Zoning Code
CHAPTER 25
38 FLOODPLAIN MANAGEMENT
§ 25.38.010 Statutory authorization.
The Legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council of the city of Laguna Beach does hereby adopt the following floodplain management regulations.
(Ord. 1576 § 1, 2013)
§ 25.38.011 Findings of fact.
(A)
The flood hazard areas of the city of Laguna Beach are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(B)
These flood losses are caused by uses that are inadequately elevated, floodproofed, inappropriately located or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contributes to flood losses.
(C)
Sea level rise will exacerbate flooding in areas subject to tidal influence and extend the inundation zone into areas that do not currently flood.
(Ord. 1576 § 1, 2013)
§ 25.38.012 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately-owned land within flood prone, mudslide (i.e., mudflow) or flood-related erosion areas. These regulations are designed to:
(A)
Protect human life and health;
(B)
Minimize expenditure of public money for costly flood control projects;
(C)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D)
Minimize prolonged business interruptions;
(E)
Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
(F)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
(G)
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
(H)
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 1576 § 1, 2013)
§ 25.38.013 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes regulations to:
(A)
Restrict or prohibit uses that are dangerous to health, safety and property due to water or erosion hazards, or that result in damaging increases in erosion or flood heights or velocities;
(B)
Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(C)
Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;
(D)
Control filling, grading, dredging and other development that may increase flood damage; and
(E)
Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas.
(Ord. 1576 § 1, 2013)
§ 25.38.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
means a structure that is either:
means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.
means a geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then deposited on the valley floors, and that is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition and channel migration.
means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.
means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
See "Special flood hazard area."
See "Special flood hazard area."
means a flood that has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood"). Base flood is the term used throughout this chapter.
means the elevation shown on the Flood Insurance Rate Map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.
means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material that is not part of the structural support of the building and that is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
See "Structure."
means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone V1-V30, VE or V.
means devices intended to seal structural openings, such as doors and windows, from floodwaters. These measures include, but are not limited to, flood shields, watertight doors, moveable floodwalls, partitions, water-resistive sealant devices and other similar techniques. These devices may be permanently installed or stored on-site for use in the event of a flood. Temporary emergency measures such as sandbags, plastic sheeting and similar devices are not classified as contingency measures. An example of a flood shield used as a contingency floodproofing measure is:
 |
means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before June 21, 1988.
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
means:
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
The condition resulting from flood-related erosion.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the water surface elevation of the base flood.
is the community official designated to administer and enforce the floodplain management regulations.
means any land area susceptible to being inundated by water from any source. See "Flooding."
means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power that control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.
means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."
is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
as related to Sections 25.38.060 through 25.38.062 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Laguna Beach city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation 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.
means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
is the local governing unit, i.e., county or municipality, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
as related to Sections 25.38.060 through 25.38.062 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The Laguna Beach city council requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
for the purpose of this chapter means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on the Laguna Beach Historic Register.
means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
The flood openings standard in Section 25.38.050(C)(3);
The anchoring standards in Section 25.38.050(A);
The construction materials and methods standards in Section 25.38.050(B); and
The standards for utilities in Section 25.38.051.
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a square-foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.
The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.
Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. |
means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
for floodplain management purposes, means structures for which the "start of construction" commenced on or after June 21, 1988, and includes any subsequent improvements to such structures.
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 21, 1988.
includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse that may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
See "Base flood."
means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
as related to Sections 25.38.060 through 25.38.062 of this chapter, means that the granting of a variance must not result in anything that 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.
means a vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
means a change in the mean level of the ocean. Accepted sea level rise scenarios shall be based on best available science. As a starting reference point, the current best available science is the 2012 National Academy of Science Report, Sea-Level Rise for the Coasts of California, Oregon and Washington: Past, Present and Future. This report provides regional projections of sea level rise that includes a vertical land motion component, including the Laguna Beach area, from 5.0 inches up to 23.94 inches from 2000 to 2050 and from 17.4 inches up to 65.55 inches (5.46 feet) from 2000 to 2100.
Full reference for the NAS Report – National Academy of Sciences. 2012. Sea-Level Rise for the Coasts of California, Oregon and Washington: Past, Present and Future, National Academies Press, Washington, DC: http://dels.nas.edu/Report/Level-Rise-Coasts/13389. |
See "Area of shallow flooding."
means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on a FIRM as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
means:
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred; or
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss."
means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
See "Coastal high hazard area."
means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. 1576 § 1, 2013; Ord. 1670 § 7, 2022)
§ 25.38.030 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Laguna Beach.
(Ord. 1576 § 1, 2013)
§ 25.38.031 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the City of Laguna Beach, California" dated December 3, 2009, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated December 3, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas that allow implementation of this chapter and that are recommended to the Laguna Beach city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the Laguna Beach Community Development Department, 505 Forest Avenue, Laguna Beach, California.
(Ord. 1576 § 1, 2013)
§ 25.38.032 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the Laguna Beach city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. 1576 § 1, 2013)
§ 25.38.033 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 1576 § 1, 2013)
§ 25.38.034 Interpretation.
§ 25.38.035 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Laguna Beach city council, any officer or employee thereof, the state of California or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 1576 § 1, 2013)
§ 25.38.036 Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 1576 § 1, 2013)
§ 25.38.040 Designation of the floodplain administrator.
The city of Laguna Beach community development department director and designated persons are hereby appointed to administer, implement and enforce this chapter by granting or denying floodplain development building permits in accord with its provisions.
(Ord. 1576 § 1, 2013)
§ 25.38.041 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
(A)
Permit Review. Review all floodplain development building 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 over the expected life of the development (minimum of seventy-five years);
(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 of Laguna Beach; and
(5)
All letters of map revision (LOMRs) 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 (CLOMRs). Approved CLOMRs 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.
(2)
Assure procedures are coordinated with other departments/divisions and implemented by staff.
(C)
Review, Use and Development of Other Base Flood Data.
(1)
When base flood elevation data have not been provided in accordance with Section 25.38.030 or the future flood elevation data have not been modified to reflect best available science related to sea level rise, 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 Sections 25.38.050 through 25.38.057.
(2)
When the base flood elevation data have not been modified to reflect future sea level rise, the Floodplain Administrator shall develop a sea level rise adjusted base flood elevation, as defined in Section 25.38.020 of this chapter, in order to administer Section 25.38.041(A)(3).
Note: A base flood elevation shall 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 six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
(b)
All LOMRs 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 (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
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:
(1)
Certification required by Sections 25.38.050(C)(1) and 25.38.053 (lowest floor elevations);
(2)
Certification required by Section 25.38.050(C)(2) (elevation or floodproofing of nonresidential structures);
(3)
Certification required by Section 25.38.050(C)(3) (wet floodproofing standard);
(4)
Certification of elevation required by Section 25.38.052(A)(3) (subdivisions and other proposed development standards);
(5)
Certification required by Section 25.38.056(B) (floodway encroachments);
(6)
Information required by Section 25.38.057(F) (coastal construction standards); and
(7)
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 Section 25.38.043.
(G)
Remedial Action. Take action to remedy violations of this chapter as specified in Section 25.38.032.
(H)
Biennial Report. Complete and submit biennial report to FEMA.
(I)
Planning. Assure community's general plan is consistent with floodplain management objectives herein.
(J)
Nonconversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below the base flood elevation shall be used solely for parking vehicles, limited storage or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:
(1)
Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;
(2)
Enter into a "nonconversion agreement for construction within flood hazard areas" or equivalent with the city of Laguna Beach. The agreement shall be recorded with the Orange County recorder as a deed restriction. The nonconversion agreement shall be in a form acceptable to the floodplain administrator and city attorney; and
(3)
Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least seventy-two hours.
(Ord. 1576 § 1, 2013)
§ 25.38.042 Floodplain development building permit.
A floodplain development building permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 25.38.031. Application for a floodplain development building permit shall be made on forms furnished by the city of Laguna Beach. The floodplain development building permit is additional to any other required permit, including a coastal development permit. The applicant shall provide the following minimum information:
(A)
Plans in duplicate, drawn to scale, showing:
(1)
Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
(2)
Proposed locations of water supply, sanitary sewer, and other utilities;
(3)
Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
(4)
Location of the regulatory floodway when applicable;
(5)
Base flood elevation information as specified in Section 25.38.031 or 25.38.041(C);
(6)
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(7)
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 25.38.050(C)(2) and detailed in FEMA Technical Bulletin TB 3-93;
(8)
Expected life of development (minimum of seventy-five years); and
(9)
The adjusted base flood elevation necessary to reflect sea level rise as specified in Section 25.38.041(C)(2).
(B)
Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 25.38.050(C)(2).
(C)
For a crawl-space foundation, location and total net area of foundation openings as required in Section 25.38.050(C)(3) and detailed in FEMA Technical Bulletins 1-93 and 7-93.
(D)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(E)
All appropriate certifications listed in Section 25.38.041(E).
(Ord. 1576 § 1, 2013)
§ 25.38.043 Appeals.
The Laguna Beach planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
(Ord. 1576 § 1, 2013)
§ 25.38.050 Standards of construction.
In all areas of special flood hazards the following standards are required:
(A)
Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(B)
Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
(1)
With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
(2)
Using methods and practices that minimize flood damage;
(3)
With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
(4)
Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(C)
Elevation and Floodproofing.
(1)
Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
(a)
In AE, AH, A1-30 zones, elevated to or above the base flood elevation.
(b)
In an AO zone, elevated above the highest adjacent grade to a height to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.
(c)
In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under Section 25.38.041(C).
(d)
In V zones, elevated to or above the base flood elevation adjusted to reflect sea level rise as specified in Section 25.38.041(C)(2) for the expected life of the development (minimum of seventy-five years).
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and inspected by the building inspector to be properly elevated. Such certification and inspection record shall be provided to the floodplain administrator. |
(2)
Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 25.38.050(C)(1) or:
(a)
Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 25.38.050(C)(1), so that the structure is watertight with walls substantially impermeable to the passage of water;
(b)
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c)
Be certified by a registered civil engineer or architect that the standards of Section 25.38.050(C)(2)(a) and (b) are satisfied. Such certification shall be provided to the floodplain administrator.
(3)
Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and that are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
(a)
For non-engineered openings:
(i)
Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding,
(ii)
The bottom of all openings shall be no higher than one foot above grade,
(iii)
Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater, and
(iv)
Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
(b)
Be certified by a registered civil engineer or architect.
(5)
Garages and Low Cost Accessory Structures.
(a)
Attached Garages.
(i)
A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 25.38.050(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 25.38.050(B).
(ii)
A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
(b)
Detached Garages and Accessory Structures.
(i)
"Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 25.38.020, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
A.
Use of the accessory structure must be limited to parking or limited storage;
B.
The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
C.
The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
D.
Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
E.
The accessory structure must comply with floodplain encroachment provisions in Section 25.38.056; and
F.
The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 25.38.050(C)(3).
(6)
Crawlspace Construction. This subsection applies to buildings with crawl spaces up to two feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
(a)
The building must be designed and adequately anchored to resist flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
(b)
The crawl space is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;
(c)
Crawl space construction is not permitted in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones;
(d)
Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and
(e)
Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
(f)
Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:
(i)
The interior grade of a crawl space below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG), shown as D in Figure 3 of Technical Bulletin 11-01;
(ii)
The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet (shown as L in Figure 3 of Technical Bulletin 11-01) at any point;
(iii)
There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed seventy-two hours; and
(iv)
The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.
(Ord. 1576 § 1, 2013)
§ 25.38.051 Standards for utilities.
§ 25.38.053 Standards for subdivisions and other proposed development.
(A)
All new subdivisions proposals and other proposed development located within or affecting a special flood hazard area (SFHA) or base flood area shall:
(1)
Identify the special flood hazard areas (SFHA) and base flood elevations (BFE). In V zones, identify the BFE adjusted to reflect sea level rise as specified in Section 25.38.041(C)(2) for the expected life of the development (minimum of seventy-five years).
(2)
Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
(3)
If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:
(B)
All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
(C)
All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(D)
All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 1576 § 1, 2013)
§ 25.38.053.1 Standards for manufactured homes.
(A)
All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
(1)
Within zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(B)
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 25.38.053(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement, and be elevated so that either the:
(1)
Lowest floor of the manufactured home is at or above the base flood elevation. In V zones, the lowest floor of the manufactured homes is at or above the base flood elevation adjusted to reflect sea level rise as specified in Section 25.38.041(C)(2) for the expected life of the development (minimum of seventy-five years); or
(2)
Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.
Upon the completion of the manufactured home structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and inspected by the building inspector to be properly elevated. Such certification and inspection record shall be provided to the floodplain administrator. |
(Ord. 1576 § 1, 2013)
§ 25.38.054 Standards for recreational vehicles.
(A)
All recreational vehicles placed in zones A1-30, AH, AE, V1-30 and VE will either:
(1)
Be on the site for fewer than one hundred eighty consecutive days; or
(2)
Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(B)
Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 25.38.054(A) and Section 25.38.057.
(Ord. 1576 § 1, 2013)
§ 25.38.055 Contingency floodproofing measures.
(A)
Requirement for Contingency Floodproofing Measures.
(1)
Businesses located in areas of special flood hazard areas shall install contingency floodproofing measures as defined under municipal code Section 25.38.020 and as determined by the floodplain administrator. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1, A30, AE, A99, AH, V1, V30, VE or V. The following floodproofing mitigation measures shall be installed at flood vulnerable building locations within ninety days of written notification from the city (only windows, doors and openings subject to floodwaters are required to be retrofitted with contingency floodproofing measures):
(a)
Doors. Hinged and/or removable panels and similar barriers that can withstand the hydrostatic and hydrodynamic pressures of floodwaters;
(b)
Windows. Hinged and/or removable panels or any other fenestration, glazing, or protective techniques capable of withstanding floodwaters; and
(c)
Other Openings. Application of plates, sealants, mortar, gaskets and similar materials around and in utility openings and other similar wall penetrations.
(2)
The floodplain administrator shall provide, and from time to time may revise and update, suitable design guidelines and details showing the methods, materials and implementation of the devices required by this section. The floodplain administrator shall review and approve the plans for the proposed contingency floodproofing measures.
(3)
If not permanently installed, flood contingency devices shall be installed immediately after forecasts of heavy precipitation and/or after the city has declared the possibility for potential flooding conditions. The flood contingency devices shall remain installed until the threat of flooding has ceased. The flood contingency devices shall be designed to prevent flooding up to six inches above the latest Flood Insurance Rate Map (FIRM), base flood elevation (BFE) or in V zones, the base flood elevation shall be adjusted to reflect sea level rise as specified in Section 25.38.041(C)(2) for the expected life of the development (minimum of seventy-five years).
(4)
Flood contingency devices shall be stored on site within every business that is located within a special flood hazard area. Removable flood contingency devices shall be stenciled with at least two-inch high red letters indicating the following information:
(B)
Contingency Floodproofing Measures Plan.
(1)
A flood mitigation plan shall be kept on-site within the business and on record at the city for every business that is located within a special flood hazard area. The plan shall include the location of where the flood contingency devices are stored and directions on how to install them. All persons employed to work in a business located within areas of special flood hazards shall be trained on how to install these devices and be provided a copy of the flood contingency measures plan. The plan shall require that each year on the last Monday in October, the business ownership and employees practice installation of the flood mitigation contingency devices.
(2)
When a change of use occurs for any business located within a special flood hazard area, a contingency floodproofing measures plan shall be provided by the owner of the property to the new business/lease holder. If the new use requires a conditional use permit or an amendment to an existing conditional use permit, the flood mitigation contingency plan shall also be included with the application as an attachment.
(C)
Administrative Relief and Exemptions.
(1)
A business shall be exempt from the requirements of 25.38.055 (installing floodproofing mitigation measures) if the business is in compliance with the applicable provisions of 25.38.050 (Standards of Construction) as determined by the city's floodplain administrator.
(2)
Any flood vulnerable building location that is already equipped with contingency floodproofing mitigation measures, as indicated under Municipal Code Section 25.38.055(A)1(a-c), shall be exempt from the requirements of 25.38.055. It shall be the responsibility of the business and/or property owner to show contingency floodproofing building compliance and is subject to approval and inspection by the city's floodplain administrator.
(3)
Any property or business owner may seek an extension of the applicable ninety-day installation period by filing a written application prior to the expiration of the installation period, in the form specified by the community development department and subject to payment of a filing fee; provided, however, that the period shall not be extended for more than six months.
(4)
The determination of the director of community development shall be made in writing within thirty days of receipt of a complete application. In making a determination as to whether the ninety-day period should be extended, the following matters, among other relevant information, should be considered:
(a)
The business/property location in regard to the flood hazard area;
(b)
The estimated expenditure to install the required flood contingency devices (itemized construction cost estimates from a licensed contractor shall be submitted);
(c)
The previous extent of flood damage that has occurred at this location, if any; and
(d)
The necessary permanent construction activity to install the required contingency flood measures.
(Ord. 1576 § 1, 2013)
§ 25.38.056 Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(A)
Until a regulatory floodway is adopted, no new construction, substantial development or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city of Laguna Beach.
(B)
Within an adopted regulatory floodway, the city of Laguna Beach shall prohibit encroachments, including fill, new construction, substantial improvements and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(C)
If Section 25.38.056(A) and (B) are satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 25.38.050 through 25.38.057.
(Ord. 1576 § 1, 2013)
§ 25.38.057 Coastal high hazard areas.
Within coastal high hazard areas, zones V, V1-30, and VE, as established under Section 25.38.031, the following standards shall apply:
(A)
All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation adjusted to reflect sea level rise as specified in Section 25.38.041(C)(2) for the expected life of the development (minimum of seventy-five years). The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood and anticipated sea level rise. Wind loading values used shall be those required by applicable state or local building standards.
(B)
All new construction and other development shall be located on the landward side of the reach of mean high tide.
(C)
All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 25.38.020 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
(D)
Fill shall not be used for structural support of buildings or roads.
(E)
Man made alteration of sand dunes that would increase potential flood damage is prohibited.
(F)
The floodplain administrator shall obtain and maintain the following records:
(1)
Certification by a registered engineer or architect that a proposed structure complies with Section 25.38.057(A); and
(2)
The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
(Ord. 1576 § 1, 2013)
§ 25.38.060 Nature of variances.
The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.
It is the duty of the Laguna Beach city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood provisions are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(Ord. 1576 § 1, 2013)
§ 25.38.061 Conditions for variance.
(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 Sections 25.38.040 through 25.38.057 of this chapter have been fully considered. As the lot size increases beyond one-half 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 Section 25.38.020) 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 approval authority need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation that the approval authority 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 twenty-five dollars for one hundred dollars 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 Orange 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. 1576 § 1, 2013)
§ 25.38.062 Appeal board.
(A)
In passing upon requests for variances, the applicable approval authority 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 that 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 by the applicable approval authority upon making the variance findings in Section 25.05.025(F) and:
(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 Chapter 7.24, Nuisance Abatement), 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 Section 25.38.062(A) through (D) 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.
Upon consideration of the factors of Section 25.38.061(A) and the purposes of this chapter, the applicable approval authority may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. |
(Ord. 1576 § 1, 2013)