Union City City Zoning Code
CHAPTER 18
98 FLOODPLAIN COMBINING DISTRICT
§ 18.98.010 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 of Union City does hereby adopt the following floodplain management regulations.
(Ord. 757-11 § 1, 2011)
§ 18.98.015 Purpose.
A.
Findings of Fact.
1.
The flood hazard areas of the City historically have been 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.
2.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
B.
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 provisions designed:
1.
To protect human life and health;
2.
To minimize expenditure of public money for costly flood control projects;
3.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4.
To minimize prolonged business interruptions;
5.
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6.
To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
7.
To insure that potential buyers are notified that property is in an area of special flood hazard; and
8.
To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C.
Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:
1.
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
2.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3.
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters;
4.
Controlling filling, grading, dredging and other development which may increase flood damage; and
5.
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)
§ 18.98.020 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 request for a review of the Director's interpretation of any provision of this chapter or a request for a variance.
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.
See "Special flood hazard area."
means the flood having a 1% chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
means any area of the building having its floor subgrade (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 which is not part of the structural support of the building and which is so 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 floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
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 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 before the effective date of the ordinance codified in this chapter.
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 floodwaters;
The unusual and rapid accumulation or runoff of surface waters from any source;
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard 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 FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
means any land area susceptible to being inundated by water from any source (see definition of "flooding").
means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other applications of police power. The term describes such State or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
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."
means a use which 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, but does not include long-term storage or related manufacturing facilities.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
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 a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, 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, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
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 connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.
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 the effective date of the ordinance codified in this chapter.
means a flood which has a 1% annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.
means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this State or its agencies or political subdivisions.
means a vehicle which 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 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 title or otherwise deterring future similar violations, or reducing 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 an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 calendar days of the permit date. 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 structures, such as garages or sheds not occupied as dwelling units or not part of the main structure.
means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which require building permits.
means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
a. | Before the improvement or repair is started; or |
b. | If the structure has been damaged, and is being restored, before the damage occurred. |
For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: | |
a. | Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or |
b. | Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. |
means a grant of relief from the requirements of this chapter which 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 the community's floodplain management regulations. 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.
(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)
§ 18.98.030 General provisions.
A.
Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.
B.
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for the City of Union City" with an accompanying Flood Insurance Rate Map with the effective date of February 9, 2000, and any subsequent revisions or amendments thereto, is adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file with the City Engineer at the City of Union City. This Flood Insurance Study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director.
C.
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 of the City of Union City. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.
D.
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 chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F.
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 the City of Union City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
G.
Severability. This chapter and the various parts thereof are 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. 55.294-88 § 2, 1988; Ord. 553-00 § 1 (Exh. A), 2000; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)
§ 18.98.040 Administration.
A.
Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 18.98.030(B). Application for a development permit shall be made on forms furnished by the Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1.
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
2.
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
4.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
5.
Plans for any walls to be used to enclose space below the base flood area.
B.
Designation of the Floodplain Administrator. The Economic and Community Development Director (Director) is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
C.
Duties and Responsibilities of the Director. The duties and responsibilities of the Director shall include, but not be limited to:
1.
Permit Review.
a.
Review all development permits to determine that the permit requirements of this chapter have been satisfied;
b.
Review all development permits to determine that all other required State and Federal permits have been obtained;
c.
The site is reasonably safe from flooding;
d.
The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" 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;
e.
Review plans for walls to be used to enclose space below the base flood level in accordance with Section 18.98.050(A)(3)(d).
2.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 18.98.030(B), the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 18.98.050. Any such information shall be submitted to the City Council for adoption.
3.
Whenever a watercourse is to be altered or relocated:
a.
Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
b.
Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
4.
Whenever a 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 assure 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.
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.
5.
Obtain and maintain for public inspection and make available as needed:
a.
The certification required in Section 18.98.050(A)(3)(a) (floor elevations);
b.
The certification required in Section 18.98.050(A)(3)(b) (elevations in areas of shallow flooding);
c.
The certification required in Section 18.98.050(A)(3)(c)(iii) (elevation or floodproofing of nonresidential structures);
d.
The certification required in Section 18.98.050(A)(3)(d)(i) or (ii) (wet floodproofing standard);
e.
The certified elevation required in Section 18.98.050(C)(2) (subdivision standards);
f.
The certification required in Section 18.98.050(E)(1) (floodway encroachments).
6.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, 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 18.98.060.
7.
Take action to remedy violations of this chapter as specified in Section 18.98.030(C).
(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)
§ 18.98.050 Provisions for flood hazard reduction.
A.
Standards of Construction. In all areas of special flood hazards the following standards are required:
1.
Anchoring.
a.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2.
Construction Materials and Methods.
a.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c.
All new construction and substantial improvements shall be constructed 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.
d.
Require within Zones AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
3.
Elevation and Floodproofing.
a.
New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in paragraph c of this subdivision. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Director.
b.
New construction and substantial improvement of any structure in Zone AH or AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in paragraph c of this subdivision. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
c.
Nonresidential construction shall either be elevated in conformance with paragraphs a and b of this subdivision or together with attendant utility and sanitary facilities:
i.
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
ii.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
iii.
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator.
d.
Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor 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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
i.
Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or
ii.
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
B.
Standards for Utilities.
1.
All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
2.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
C.
Standards for Subdivisions.
1.
All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:
a.
Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
b.
Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c.
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:
2.
All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
3.
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.
4.
All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
D.
Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:
E.
Floodways. Located within areas of special flood hazard established in Section 18.98.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
1.
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
F.
Standards for Recreational Vehicles.
1.
All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE will either:
a.
Be on the site for fewer than 180 consecutive days; or
b.
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
c.
Meet the permit requirements of Section 18.98.040(A) of this chapter and the elevation and anchoring requirements for manufactured homes in Section 18.98.050(D).
2.
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 18.98.050(F)(1).
(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)
§ 18.98.060 Variance procedure.
A.
Appeal Board.
1.
The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.
2.
The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director in the enforcement or administration of this chapter.
3.
In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
a.
The danger that materials may be swept onto other lands to the injury of others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility to the community;
e.
The necessity to the facility of a waterfront location, where applicable;
f.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g.
The compatibility of the proposed use with existing and anticipated development;
h.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i.
The safety of access to the property in time of flood for ordinary and emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
k.
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.
4.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing paragraphs a through k of subdivision 3 of this subsection A have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.
5.
Upon consideration of the factors of subdivision 3 of this subsection 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 purpose of this chapter.
6.
The Director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
B.
Conditions for Variances.
1.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
2.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
5.
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subdivisions 1 through 4 of this subsection B are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
6.
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 Floodplain Board in the office of the Alameda County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)