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CC Ordinance 2173ORDINANCE NO. zips BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT (PLN2013-305) TO UPDATE CAMPBELL MUNICIPAL CODE CHAPTER 21.22 (FLOOD DAMAGE PREVENTION) IN ORDER TO COMPLY WITH CURRENT FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY) STANDARDS. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: The City Council finds and determines that the adoption of the proposed Text Amendment is exempt from CEQA under Section 15308 pertaining to action of regulatory agencies for the protection of the environment. SECTION TWO: Chapter 21.22 of-the Campbell Municipal Code is hereby amended as set forth in Exhibit A attached. Additions are indicated by bold text and deletions are indicated by c4riLe ~h.,,,,,.h ..,.,., portions of Chapter 21.22 not cited or shown in bold text or strike through type are not changed. SECTION THREE: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 21st day of . January 2014, by the following roll call vote: AYES: COUNCILMEMBERS: Baker, xotowski, Low, Cristina, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ` _ I APPROVED: ^ W Richard M. Waterman, Mayor ATTEST: Anne Bybee, City Clerk Exhibit A Page 1 of 13 Chapter 21.22 FLOOD DAMAGE PREVENTION Sections: 21.22.010 Statutory authorization, purpose and methods. 21.22.020 Definitions. 21.22.030 General provisions. 21.22.040 Administration. 21.22.050 Provisions for flood hazard reduction. 21.22.060 Variance procedure. 21.22.010 Statutory authorization, purpose and methods. A. Authority. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government unit's authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. B. 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 insure that potential buyers are notified that property is in an area of special flood hazard; and 7. To insure that those who occ spy 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 that are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. Requiring that uses vulnerable to floods, including facilities that serve those uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural flood plains, stream channels, and natural protec#ive barriers, which help accommodate or channel floodwaters; Exhibit A Page 2 of 13 4. Controlling of 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. 21.22.020 Definitions. Words or phrases used in this chapter shall have the following meanings unless otherwise indicated from the context. "Appeal" means a request for a review of the city clerk's interpretation of any provision of this chapter, or a request for a variance. "Area of special flood hazard". See "Special flood hazard area." "Base flood" means the flood having cone-percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). "Basement" means any area of the building having its floor sub grade (below ground level) on all sides. "Breakaway walls" means 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 designed to break away 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. "Development" 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. "Deviation" means a grant of relief from the requiremerits of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of floodwaters; 2. The unusual and rapid accumulation or runoff of surtace waters from any source; and/or 3. 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 a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood boundary and floodway map" 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. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has Exhibit A Page 3 of 13 delineated both the areas of special flood hazards and the risk-premium zones applicable to the community. "Flood insurance study" 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. "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). "Floodplain management" 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. "Floodplain management regulations" means zoning codes, 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. "Flood proofing" 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. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that shall 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." "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. 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; 2. 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; 3. 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 4. 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 Exhibit A Page 4 of 13 or directly by the Secretary of the Interior in states without approved programs. "Lowest floor" 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 non-elevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis, and is designed to be used 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. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. "Mean sea level" means for the 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. "New construction" means for floodplain management purposes, structures for which the "Start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city. "One-hundred-year flood" or "100-year flood" means a flood that has a one percent annual probability of being equaled or exceeded. It is identical to the "Base flood," which will be the term used throughout this chapter. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups or this State or its agencies or political subdivisions. "Recreational Vehicle" means a vehicle built on a single chasis, is 400 square feet or less when measured at the largest horizontal projects, designed to be self-propelled or permanently towable by an automobile or light truck, and designed primarily for use as temporary living quarters for recreation, camping, travel, or seasonal use, not as a permanent dwelling. "Remedy a violation" 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 federal financial exposure with regard to the structure or other development. Exhibit A Page 5 of 13 "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Special Flood Hazard Area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AI-30, AE or A99. "Start of construction" means 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 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site (e.g., pouring of slabs 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 (e.g., 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, (e.g., garages or sheds not occupied as dwelling units or not part of the main structure). For 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. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either: 1. Before the improvement or repair is started; or 2. 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 include: 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. "Violation" means the failure of a structure or other development to be fully compliant with the floodplain management regulations of this chapter. A structure or other development without the elevation certificate, other certifications, or other Exhibit A Page 6 of 13 evidence of compliance required in this chapter is presumed to be in violation until the time as that documentation is provided. 21.22.030 General provisions. A. Applicability. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Campbell. B. 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 Santa Clara County, California dated ^~~^~~°*~ June 30, 1976, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated ^~~^~~^"^„~*, °o June 30, 1976, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Campbell by the Floodplain Administer. The study, FIRM's and FBFM's are on file at the Community Development Department located at 70 North First Street, Campbell California 95008. 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. Violations of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City of Campbell from taking such lawful action as is necessary to prevent or remedy any violation. D. Abrogation and greater restrictions. The regulations in this chapter are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the regulations in this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent regulations shall prevail. E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. F. 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 allowed within these areas, will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Exhibit A Page 7 of 13 Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under. G. Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any sections of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 21.22.040 Administration. A. Establishment of development permit. A zoning clearance, in compliance with Chapter 21.40, shall be obtained before construction or development begins within any area of special flood hazards established in Subsection 21.22.030(8). Application for a zoning clearance shall be made on forms furnished by the community development department, and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; and existing or proposed structures, fill, storage of materials, drainage facilities. Specifically, the following information is required: 1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; 2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed; 3. All appropriate certifications listed in Subsection (C)(4), below; and 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the floodplain administrator. The community development director is hereby appointed to administer and implement this chapter by allowing or denying development requests in compliance with its provisions. C. Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: 1. Permit review: a. Review all development requests to determine that the permit requirements of this chapter have been satisfied; b. Determine that all other required State and federal permits have been obtained; c. Determine that the site is reasonably safe from flooding; d. Determine that 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 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. 2. Development of substantial improvement and substantial damage procedures: Exhibit A Page 8 of 13 a. 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, to include defining "Market Value." b. Assure procedures are coordinated with other departments/divisions and implemented by community staff. 3. Review, use and development of other base flood data. When base flood elevation data has not been provided in accordance with section 21.22.030, the floodplain administrator 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 21.22.050 (Provisions for flood hazard reduction), below. Any information shall be submitted to the city council for adoption. Note: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone AAreas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations", dated July 1995. 4. Notification of other Agencies. a. Alteration or relocation of a watercourse: 1. Notify adjacent communities and the California Department of Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. Submit evidence of such notification to the Federal Emergency management Agency; and, 3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. b. Base Flood Elevation changes due to physical alterations: 1. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administer shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). 2. When a proposed flood control project will remove land from the SFHA and post-project development is proposed in those affected areas, building permits for said development shall not be issued until an approved LOMR for the flood control project has been received by the floodplain administrator a€-~+Id+ng-hermits. Building permits shall mast not be issued based on Conditional Letters of Map Revision (CLOMR's) received as part of the entitlement process. An approved CLOMR allows submittal of construction plans for~f the proposed flood control project and land preparation as specified in the "start of construction" definition. Exhibit A Page 9 of 13 Such submissions are necessary so that upon confirmation of those physical changes to flooding conditions, risk premium rates and floodplain management requirements are based on current data. c. Changes corporate boundaries: 1. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of the amp of the community clearly delineating the new corporate limits. 5. Obtain and maintain for public inspection and make available as needed: a. The certification required in Subsection 21.22.050(A)(3)(a)(floor elevations); b. The certification required in Subsection 21.22.050(A)(3)(b)(1) (elevation or flood proofing of nonresidential structures); c. The certification required in subsection 21.22.050(A)(3)(c)(1) or 21.22.050(A)(3)(c)(2) (wet flood proofing standard); d. The certified elevation required in Subsection 21.22.050(C)(2) (subdivision standards); e. The certification required in Subsection 21.22.050(E) (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 21.22.060. 7. Take action to remedy violations of this chapter as specified in Subsection 21.22.030(C). 21.22.050 Provisions for flood hazard reduction. A. Standards of construction. In all areas of special flood hazard, 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. b. All manufactured homes shall meet the anchoring standards of paragraph D, (Standards for manufactured homes), below. 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 Exhibit A Page 10 of 13 water from entering or accumulating within the components during conditions of flooding. d. A breakaway wall shall have a safe design loading resistance of not less than 10 pounds or no more than 20 pounds per square foot. Use of breakaway walls shall be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. 3. Elevation and flood proofing. a. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Nonresidential structures may meet the standards in Subsection (A)(3)(c), below. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, and er verified by the Building Inspector to be properly elevated. Such certification er veriflsatien shall be provided to the floodplain administrator. b. Nonresidential construction shall either be elevated in conformance with Subsection (A)(3)(a), above, or together with attendant utility and sanitary facilities: (1) Be flood proofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) 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. c. 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 shall either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) 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 (2) Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration. Exhibit A Page 11 of 13 d. Manufactured homes shall also meet the standards in Subsection (D). 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 preliminary subdivision proposals regardless of size shall identify the flood hazard area and the elevation of the base flood. 2. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. 3. All subdivision proposals shall be consistent with the need to minimize flood damage. 4. All subdivision proposals shall have public utilities and facilities, (e.g., sewer, gas, electrical and water systems) located and constructed to minimize flood damage. 5. All subdivisions shall provide adequate drainage provided to reduce exposure to flood hazards. D. Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: 1. Be elevated so that the lowest floor is at or above the base flood elevation; and 2. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. E. Recreational Vehicles. All recreational vehicles placed on site within Zone Al-30, AH, and AE on the community's FIRM either: 1. Be on the site for fewer than 180 consecutive days; 2. Be fully licensed and ready for highway use; or, 3. Meet the permit requirements of Section 21.22.040 of this Chapter and the elevation and anchoring requirements for "manufactured homes" within subsection D above. F€. Floodways. Located within the areas of special flood hazard established iri Subsection 21.22.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Until a regulatory floodway is adopted, no new construction, substantial development (including fill) shall be permitted within Zones Al-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined Exhibit A Page 12 of 13 with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Campbell. 2. Within an adopted regulatory floodway, the City of Campbell 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 encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 3. If subsections 21.22.050(E)(1)and 21.22.050(E)(2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 21.22.050. 21.22.060 Variance procedure. A. Appeal board. 1. The city council shall hear and decide appeals and requests for deviations from the requirements of this chapter. 2. The city council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. 3. In passing upon 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 that 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 city's General Plan and floodplain management program for the subject area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters 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, (e.g., sewer, gas, electrical, and water systems, and streets and bridges.) Exhibit A Page 13 of 13 4. Generally, a deviation may be issued for new construction and substantial improvements 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 items (A)(3)(d) through 21.22.060(A)(3)(k), above, have been fully considered. As the lot size increases beyond one-half acre, the technical justification for issuing the variance increases. a. Upon consideration of the factors in Subsection 21.22.060(A)(3), above, and the purposes of this chapter, the city council may attach conditions to the granting of a deviation as necessary to further the purposes of this chapter. b. The floodplain administrator shall maintain the records of all appeal actions and report any deviation to the Federal Insurance Administration upon request. B. Conditions for deviations. 1. Deviations 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. Deviations shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 3. Deviations shall only be issued upon a determination that the deviation is the minimum necessary, considering the flood hazard, to afford relief. 4. Deviations shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the deviation would result in exceptional hardship to the applicant; and c. A determination that the granting of a deviation 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. Deviations 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 subsections (B)(1) through (B)(4), above, 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 deviation is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and such construction below the based floor level increase risks to life and property. A copy of the notice shall be recorded by the Floodplain Administer in the Office of the Santa Clara County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.