PC R 07-2034RESOLUTION NO. 07-2034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL
APPROVE DEVELOPMENT CODE AMENDMENT 07-003 TO
AMEND ARROYO GRANDE MUNICIPAL CODE CHAPTERS 16.04
AND 16.44 OF TITLE 16 TO ESTABLISH CREEK SETBACK
STANDARDS
WHEREAS, the City Council adopted the updated General Plan which became
effective November 10, 2001 and requires a comprehensive review and necessary
revisions to the Arroyo Grande Municipal Code and Zoning Map for consistency, in
accordance with Government Code Section 65860; and
WHEREAS, the 2001 General Plan includes an Agricultural, Conservation and Open
Space Element which include the following principals:
. Resources that are irretrievable and/or irreplaceable need to be protected and
preserved.
. Individuals and the community have a responsibility to future generations as well as
to wildtife to preserve and protect finite natural resources.
. Resource lands contribute to overall public health, safety and welfare beyond
provision of basic necessities such as food, fiber and livelihood.
. Land use and urban development shall be managed and limited to that which can
be sustained by the available resources and serviced by the circulation and other
infrastructure systems; and
WHEREAS, Conservation and Open Space Objective "C/OS2" of the Agricultural,
Conservation and Open Space Element in the 2001 General Plan is to "Safeguard
important environmental and sensitive biological resources contributing to a healthy,
functioning ecosystem"; and
WHEREAS, on July 12, 2005 the Arroyo Grande City Council, by consensus, directed
staff to evaluate the City's regulations, practices and procedures related to creek setback
requirements and the implementation of related 2001 General Plan policies in the
Agriculture, Conservation and Open Space Element; and
WHEREAS, on September 27, 2005 the Arroyo Grande,City Council, adopted Ordinance
No. 572 entitled "An Interim Urgency Ordinance of the City Council of the City of Arroyo
Grande Suspending Acceptance and Processing of Applications for Development of
any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek,
Meadow Creek or Creek Tributaries within the City of Arroyo Grande" (hereinafter
sometimes referred to as the "suspension of creek property development"), which
Ordinance expired forty-five days from the date of its adoption pursuant to Government
RESOLUTION NO. 07-2034
PAGE 2
Code Section 65858(a); and
WHEREAS, on November 8, 2005, the Arroyo Grande City Council, adopted Ordinance
No. 574 entitled "An Interim Urgency Ordinance of the City Council of Arroyo Grande to
extend the suspension of acceptance and processing of New Applications for
Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek,
Tally Ho Creek, Meadow Creek or Creek Tributaries within the City of Arroyo Grande"
which ordinance expired 10 months and 15 days from the date of its adoption pursuant
to Government Code Section 65858(a); and
WHEREAS, on August 22, 2006, the City Council held a duly noticed public hearing
and adopted Ordinance No. 580 extending the suspension of creek property
development for a period of one year, pursuant to Government Code Section 65858(a).
WHEREAS, On May 25, 2007, the City released a draft Creek Resources Protection
Study that includes research and recommendations concerning the necessity for creek
buffers that contribute to streambank stabilization, allow for vegetative cover and
reduction of water temperature, offer a setback distance for intensive uses, provide a
source of food, nesting cover, and shelter for wildlife, intercept pollutants and manage
other environmental concerns, and increase environmental sustainability.
WHEREAS, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed revision to the Municipal Code is consistent with the goals,
objectives, policies and programs of the general plan land use and agriculture,
conservation and open space elements, and is necessary and desirable to
implement to provisions of the General Plan.
B. The proposed revision to the Municipal Code will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern since the
proposed changes allows the city to provide safety from flooding and protect the
city's creek resources.
C. The proposed revision to the Municipal Code is consistent with the purpose and
intent of the flood protection management overlay district.
D. The City has conducted an environmental review and has found that it can be
seen with certainty that there is no possibility that the proposed Ordinance will
have an effect on the environment and therefore has prepared a Negative
Declaration.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to
the City Council of the City of Arroyo Grande that Development Code Case No. 07-003
RESOLUTION NO. 07-2034
PAGE 3
to amend the Municipal Code Chapters 16.04 and 16.44 to establish creek setback
standards be approved as shown in Exhibit "A" attached hereto and incorporated herein
by this reference.
On motion by Chair Ray, seconded by Commissioner Barneich, and by the following roll
call vote, to wit:
AYES: Chair Ray, Commissioners Barneich, Keen, and Tait.
NOES: None.
ABSENT: Commissioner Marshall.
the foregoing Resolution was adopted this 5th day of June 2007.
ATTEST:
KATHY M NDOZA FO YN REARDON-SMITH
SECRETARY TO THE COMMISSION
/—` t �.
TERESA MCCL H,
ACTING COMM NITY DEVELOPMENT DIRECTOR
PROPOSED DEVELOPMENT CODE AMENDMENT 07-003
ORDINANCE EXHIBIT "A"
16.04
Development. The construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any b�s structure; any use, chanqe in use or
extension of use of any buildinqs or land; any mining, excavation, landfill or land
disturbance including any clearinq or qradinq, or other movement of land. For
purposes of environmental and discretionary permit review, the term
development shall include the division or a adjustment of parcels of land.
Riparian habitat. Vegetation growing close to a watercourse or spring that is
generally critical for wildlife cover, fish food organisms, stream nutrients and
large organic debris, and for streambank stability.
NOTE: Amendments to existing language are shown as underlined. Shaded
areas are added as required by FEMA.
16.44.050 Floodplain management and Creek Protection (FMC�_District
�unmapped)
A. Statement of Purpose and Intent. It is the purpose of this section to promote
the public health, safety, and general welfare, to safeguard important
environmental and sensitive bioloqical resources contributinq to healthy,
functioninq ecosvstem and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains, e�ectric, telephone and sewer lines; and streets and bridges
located in areas of special flood hazard;
6. 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 damages;
7. Ensure that potential buyers are notified that property is in an area of
special flood hazard;
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions;
9. Implement qeneral plan policies to enhance natural creek functions and
values by providing erosion control sedimentation prevention,
enhancement of riparian habitat corridors water quality protection and
aesthetic and recreational opportunities.
B. Methods of Reducing Flood Losses and providing creek protection. In order to
accomplish its purposes, this section includes the following methods and
provisions:
1. Restrict or prohibit 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. Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
3. Control the alteration of natural flood plains, stream channels, riparian
habitat, and natural protective barriers, which help accommodate or
channel flood waters:
4. Control filling, grading, dredging, and other development which may
increase flood damage or deqrade riqarian habitat;
5. Prevent or regulate the construction of flood barriers, or incremental
floodplain constriction which will unnaturally divert flood waters or which
may increase flood hazards in other areas.
6. Creeks shall remain in their natural state and shall not be altered unless
approved by the City Council in coniunction with an application for a
conditional use permit and permitted by other responsible aqencies.
C. General Provisions for Creek Protection.
1. Applicabilitv. The section shall apply to all creeks and drainage ways, that
are identified on the General Plan Conservation and Open Space Element
Creek Map.
a) Minimum Development Setbacks for Creek vards and Drainaqe Ways:
Development, as defined in this Title, includinq fences and walls, shall
be setback from the top of bank or edqe of riparian habitat, whichever
is farther from the creek flow line. Toq of bank shall mean the hiqhest
elevation of land which confines the flow of water to the channel.
i) Arroyo Grande Creek and Tallv Ho Creek: a minimum setback
of 35 feet. For Properties located within the Villaqe Core
Downtown (VCD) or Village Mixed Use (VMU) districts, throucLh
application of a conditional use permit and based upon
consideration of recommendations from a Phase I Archeological
Study; a bioloqv reqort; and a hvdroqeomorpholoqy report, the
setback may provide for an average of 35 feet within a proposed
�roject area but under no circumstance shall anv portion be less
than 25 feet.
ii) Meadow Creek and East Fork of Meadow Creek: a minimum
setback of 50 feet.
iii) All other Creeks and Drainaqe Wavs: a minimum setback of 25
feet.
2. Fences and other structures such as culverts, walls and bridges which
must be constructed within the floodwav shall be desiqned in accordance
with all applicable best management practices so as to qrevent an
obstruction or diversion of flood and drainaqe flow and to minimize
adverse effects to natural riparian habitat. Fences may be permitted in the
Development setback if desiqned to allow for wildlife passaqe and the
unimpeded flow of water.
3. Clearinq of significant vegetation canopy cover or herbaceous qround
cover• removal of any native plant species within the riparian area is
prohibited within the Setback area. A tree permit may be requested for
trees potentially affectina public safetv.
4. Existinq agricultural operations are exempt from creek setback standards
established herein.
5. Exceptions to the requirements established in this section can be made
only upon a findinQ that its apqlication would violate federal and state law.
D. General Provisions for Floodplain Management:
1. This sertion shall apply to all areas of special flood hazards within the
jurisdiction of the city. Methods of Reducing Flood Losses. In order to
accomplish its purposes, this section includes the following methods and
provisions:
2. Basis for Establishing the Areas of Special Flood Hazard. The areas of
special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Flood
Insurance Study (FIS) dated March 19, 1984 and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps
(FBFMs), dated September 19, 1984, and all subsequent amendments
and/or revisions, are adopted by reference and declared to be a part of
this section. These areas are the minimum area of applicability of this
section and may be supplemented by studies for other areas which allow
implementation of this section and which are recommended to the city by
the floodplain administrator. The study, FIRMs and FBFMs are on file at
the Department of Public Works, 214 East Branch Street, City of Arroyo
Grande, California 93421.
3. Compliance. No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the term of this
section and other applicable regulations. Violation of the requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing
herein shall prevent the city from taking such lawful action as is necessary
to prevent or remedy any violation.
4. Abrogation and Greater Restrictions. This section is not intended to
repeal, abrogate or impair any existing easements, covenants or deed
restrictions. However, where this section and another ordinance,
easement, covenant or deed restriction conflict or overfap, whichever
imposes the more stringent restrictions shall prevail.
5. Interpretation. In the interpretation and application of this section, all
provisions shall be:
a) Considered as minimum requirements;
b) Liberally construed in favor of the governing body; and
c) Deemed neither to limit nor repeal any other powers granted under
state statutes.
6. Warning and Disclaimer of Liability. The degree of flood protection
required by this section 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 section 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 section shall not create
liability on the part of city, any officer or employee thereof, the state of
California, or the Federal Insurance Administration, Federal Emergency
Management Agency, for any flood damages that result from reliance on
this section or any administrative decision lawfully made hereunder. ,
E. Administration.
2
3.
Establishment of Development Permit. A development permit shall be
obtained before any construction or other development begins within any
area of special flood hazard established in subsection C of this section.
Application for a development within an area of special hazard shall be
made on forms furnished by the floodplain administrator 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:
a) Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures in Zone AO, elevation of highest
adjacent grade and proposed elevation of lowest floor of all structures;
or proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, if required in subsection
(E)(1)(c)(iii) of this section.
b) All appropriate certifications listed in subsection (D)(3)(d) of this
section;
c) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
Designation of the Floodplain Administrator. The director of public works
appointed to administer, implement and enforce this section.
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 development permits within the special
hazard areas to determine that:
i) Permit requirements of this section have been satisfied,
ii) The site is reasonably safe from flooding, and
iii) 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. For purposes
of this section, "adversely affects" means that the cumulative effect
of the proposed development when combined with all other existing
and anticipated development will increase the water surface
elevation of the base flood more than one foot at any point.
iv) AIC requir:'etl�S'tate �a'n'd�Federal�p,ecmits: haue:�be.en�obtain'ea�
b) Review and Use of Any Other Base Flood Data. When base flood
elevation data has not been provided in accordance with subsection
(C)(2) of this section, 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 subsection E of this section.
c) Notification of Other Agencies. Whenever there is an alteration or
relocation of a watercourse:
i) Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
ii) Submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency;
iii) Assure that the flood carrying capacity within the altered or
relocated portion the watercourse is maintained.
d) Documentation of Floodplain Development. Obtain and maintain for
public inspection and make available as needed the following:
i) Certification required by subsection (E)(1)(c)(i) of this section
(lowest floor elevations);
ii) Certification required by subsection (E)(1)(c)(ii) of this section
(elevation or floodproofing of nonresidential structures);
iii) Certification �equired by subsection (E)(1)(c)(iii) of this section (wet
floodproofing standard);
iv) Certification of elevation required by subsection (E)(3)(b) of this
section (subdivision standards);
v) Certification required by subsection (E)(6)(a) of this section
(floodway encroachments).
e) Map Determinations. Make interpreta-tions where needed, as to the
exact location of the boundaries of the areas of special flood hazard,
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 subsection F of this section.
f) Take action to remedy violations of this section as specified in
subsection (C)(3) of this section.
�
!
�J
II�
F. Provisions for Flood Hazard Reduction. In addition to the development
standards of the district with which the FHCP district has been combined and
the standards contained in Chapters 16.48 and 16.52, the standards
contained in this section shall apply. In the event of a conflict in the applicable
regulations, the provisions of this section shall govern.
1. No fill shall be permitted within the 100-vear floodplain of Creeks or
Drainage waVS unless appropriate mitiqation measures are implemented
in accordance with the California Environmental Qualitv Act (CEQA and
the Citv's CEQA Guidelines and the following standards:
a) The fill is for the minimum area to accommodate a structure and allow
for a five (5) foot border area which shall have a side slope of 4:1 or
flatter when no native riparian landscapinq or erosion control can be
provided;
b) All trees shall be protected or mitiqated;
c) The fill will not encroach within the development setback area of a
,.�,.,.�..
d� �_T_he fill will not result in adverse environmental imqacts on the creek.
2. Standards of Construction. In all areas of special flood hazards the
following standards are required:
a) Anchoring.
i) All new construction and substantial improvements within special
flood hazard areas 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.
ii) All manufactured homes shall meet the anchoring standards of
subsection (E)(4) of this section.
b) Construction Materials and Methods. All new construction and
substantial improvement with special flood hazard areas shall be
constructed;
i) With materials and utility equipment resistant to flood damage;
ii) Using methods and practices that minimize flood damage;
iii) 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 if
iv) 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. See Section 16.04.070 for definitions for
"basement," "new construction," "substantial damage" and "substantial
improvement."
i) Residential construction, new or substantial improvement, shall
have the lowest floor, including basement:
(A) In an AO zone, elevated above the highest adjacent grade to a
height exceeding the depth number specified in feet on the
FIRM by at least one foot, or elevated at least three feet. above
the highest adjacent grade if no depth number is specified;
(B) In an A zone, elevated at least one foot above the base flood
elevation, as determined by the community;
(C) In all other zones, elevated at least one foot above the base
flood elevation.
(D) Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered
professional engineer or surveyor, and verified by the
community building inspector to be properly elevated. Such
certification or verification shall be provided to the floodplain
administrator.
(E) For floodplain management purposes the term "lowest floor"
means the lowest floor of the lowest enclosed area, including
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:
(1) The floodproofing standard, in subsection (E)(1)(c)(iii) of this
section;
(2) The anchoring standards in subsection (E)(1) of this section;
(3) The construction materials and methods standards in
subsection (E)(1)(b) of this section;
(4) The standards for utilities in subsection (E)(2) of this section.
ii) Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with subsection (E)(1)(c) of this
section or together with attendant utility and sanitary facilities;
(A) Be floodproofed, below the elevation recommended under
subsection (E)(1)(C)(i) of this section 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 professional engineer or architect
that the standards of this subsection are satisfied. Such
certification shall be provided to the floodplain administrator.
iii) All new construction and substantial improvement with fully
enclosed areas below the lowest floor (excluding basements) that
are usable solely for parking of vehicles, building access or storage,
and which 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 exceed the following minimum criteria:
(A) Be certified by a registered professional engineer or architect; or
(B) Have 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. 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
floodwater.
iv) Manufactured homes shall also meet the standards in subsection
(E)(4) of this section.
3. Standards for Utilities.
a) All new and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate:
i) Infiltration of flood waters into the systems; and
ii) Discharge from the systems into flood waters.
b) On-site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
4. Standards for Subdivisions.
a) All preliminary subdivision proposals shall identify the flood hazard
area and the elevation of the base flood.
b) All subdivision plans within special flood hazard areas will provide the
elevation of proposed structure(s) and pad(s). If the site is filled above
the base flood elevation, the lowest first floor and pad elevations shall
be certified by a registered professional engineer or surveyor and
provided to the floodplain administrator.
c) All subdivision proposals shall be consistent with the need to minimize
flood damage.
d) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize flood damage. ,
e) All subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
5. Standards for Manufactured Homes.
a) All manufactured homes that are placed or substantially improved
within Zones A1-30, AH, AE�, and AR on the community's Flood
Insurance Rate Map, on sites located:
i) Outside of a manufactured home park or subdivisions;
ii) In a new manufactured home park or subdivision;
iii) In an expansion to an existing manufactured home park or
subdivision; or
iv) In an existing manufactured home park or subdivision on a site
upon which a manufactured home has incurred substantial damage
as the result of a flood, shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is
elevated at least one foot above the base flood elevation, and shall
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, AR on the community's Flood Insurance Rate
Map that are not subject to the provisions of subsection (E)(4)(a) of this
section will be securely fastened to an adequately anchored foundation
system to resist foundation collapse and lateral movement, and will be
elevated so that either the:
i) Lowest floor of the manufactured home is at least one foot above
the base flood elevation; or
ii) Manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than thirty-six (36) inches in height above grade.
6. Standards For Recreational Vehicles.
a) All recreational vehicles placed on sites within Zones A1-30, AH, AE;
and AR on the community's Flood Insurance Rate Map will either:
i) Be on the site for fewer than one hundred eighty (180) consecutive
days, and 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
ii) Meet the permit requirements of subsection D of this section and
the elevation and anchoring requirements for manufactured homes
in subsection (E)(4)(a) of this section. 6. Floodways. Located within
areas of special flood hazard established in subsection (C)(2) of
this section are areas designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles, and erosion potential, the
following provisions apply:
b) Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a
registered professional engineer or architect is provided demonstrating
that encroachments shall not result in any increase in the base flood
elevation during the occurrence of the base flood discharge.
c) If subsection (E)(6)(a) of this section is satisfied, all new construction,
substantial improvement, and other proposed new development shall
comply with all other applicable flood hazard reduction provisions of
subsection E of this section.
G. Variances and Appeals.
1. The planning commission of the city shall hear and decide appeals
requests for variances from the requirements of this section.
2. The planning commission shall hear and decide appeals regarding
decision or determination made by the floodplain administrator in
and
any
the
enforcement or administration of this section may be appealed to the city
council.
3. The variance criteria set forth in this section are based on the general
principle 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
section 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.
4. Review of Variance Requests. In passing upon requests for creek setback
or flood manaqement- related variances, the planning commission shall
consider all technical evaluations, all relevant factors, standards specified
in other subsections of this section, and #�ie:
a) Potential impacts to cultural, bioloqical, and hvdroloqical resources
have been adequatelv mitigated based on consideration of a phase I
archeoloqical study, a biologv report and a hvdroqeomorphologist
r eport•
b) Danger that materials may be swept onto other lands to the injury of
others;
c) Danger of life and property due to flooding or erosion damage;
d) Susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the existing individual owner and
e)
f)
9)
h)
i)
future owners of the property;
Importance of the services provided by the
community;
Necessity to the facility of a waterFront location,
Availability of alternative locations for the prop
subject to flooding or erosion damage;
floodplain management program for that area;
j) Safety of access to the property in time of flood for ordinary and
emergency vehicles;
proposed facility to the
where applicable;
�sed use which are not
Compatibility of the proposed use with existing and anticipated
development;
Relationship of the proposed use to the comprehensive plan and
sediment
after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets
k) Expected heights, velocity, duration, rate of rise, and
transport of the, flood waters expected at the site; and
I) Costs of providing governmental services during and
and bridges.
5. Conditions for Variances.
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 subsection D and E of this section
have been fully considered. As the lot size increases beyond one-half
acre, the technical justification required for issuing the variance
b)
c)
d)
e)
increases.
Variances may be issued for the repair or rehabilitation of historic
structures 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.
Variances shall not be issued within any mapped regulatory floodway if
any increase in flood levels during the base flood discharge would
result.
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 section. For example, in the
case of variances to elevation requirement, this means the city need
not grant permission for the applicant to build at grade, or even to
whatever elevation the applicant proposes, but only to that elevation
which the city believes will both provide relief and preserve the integrity
of the local ordinance.
Variances shall only be issued upon a:
i) Showing of good and sufficient cause;
ii) Determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
iii) 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 cause fraud or
victimization of the public, or conflict with existing local laws or
ordinances.
"Hardship," as used in this subsection, means the exceptional
hardship that would result from a failure to grant the requested
variance. The hardship must be exceptional, unusual, and peculiar
to the property involved. 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.
"Public safety and nuisance," as used in this subsection, means
that the granting of a variance must not result in anything which 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.
"Fraud and victimization," as used in this subsection, means that
the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the city will consider the fact
that every newly constructed building adds to government
responsibilities and remains a part of the community for fifty (50) to
one hundred (100) 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.
f) 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
subsection (F)(5)(a) through (e) of this section 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.
g) Upon consideration of the factors of subsection (F)(4) of this section
and the purposes of this section, the planning commission may attach
such conditions to the granting of variances as it deems necessary to
further the purposes of this section.
6. Any applicant to whom a variance is granted shall be given written notice
that:
a) The issuance of a variance to construct a structure below the base
flood level can result in substantially increased premium rates for flood
insurance, as determined by their insurance carrier,
b) Such construction below the base flood level increases risks to life and
property.
7. 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 Insurance Administration,
Federal Emergency Management Agency. (Prior code § 9-09.050)
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