CC Ordinance 2120
ORDINANCE NO. 2120
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL APPROVING A TEXT AMENDMENT
(PLN2009-24) TO UPDATE CAMPBELL MUNICIPAL CODE
SECTION 21.22 (FLOOD DAMAGE PREVENTION) 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:
1. The legislature of the State of California has, in Government Code Sections 65302,
65560 and 65800, conferred upon local government units authority to adopt
regulations designed to promote the public health, safety and general welfare of its
citizenry;
2. The City of Campbell recognizes the importance of promoting the public health,
safety and general welfare, and minimizing public and private losses due to flood
conditions in specific areas of the City; and,
3. As the City of Campbell participates in the National Flood Insurance Program,
Federal regulations require that the City revise the existing floodplain management
regulations to meet the minimum standards set forth by FEMA under the National
Flood Insurance Act of 1968.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The proposed Zoning Code text amendment is consistent with the goals, polices,
and actions of the General Plan;
2. The proposed Zoning Code text amendment is internally consistent with other
applicable provisions of the Zoning Code; and,
3. The proposed Zoning Code text amendment would not be detrimental to the public
interest, health, safety, convenience, or general welfare of the city.
City Council Ordinance
PLN2009-24 - Adopting Text Amendments to CMC 21.22 - Flood Damage Prevention
Page 2
SECTION ONE: That this Ordinance be adopted to approve a Text Amendment
(PLN2009-24) to update Campbell Municipal Code Section 21.22 (Flood Damage
Prevention) to comply with FEMA (Federal Emergency Management Agency) standards
per attached Exhibit A.
SECTION TWO: 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 7th
call vote:
day of Aoril
, 2009, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS: LoW-/
APPRO~-'--'-
/. ne P. Kennedy, Mayor
/
Kotowski, Furtado, Baker, Kennedy
None
None
ATTEST:
"I
~^-
Anne Bybee, City Clerk
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 units 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 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 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 protective barriers, which help accommodate or channel floodwaters;
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 a one-percent chance of being equaled or
exceeded in any given year (also called the "1 DO-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 requirements 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 surface 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 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 or
directly b y 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 "1 DO-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.
"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.
"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-3D, 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
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 August 17,1998, with accompanying
Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps
(FBFM's), dated August 17, 1998, 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, after the effective date of this chapter,
be constructed, located, extended, converted, or altered without full compliance with the
terms of this chapter and other applicable regulations.
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 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 effect 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:
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.
2. Use of other base flood data. When base flood elevation data has not
been provided in compliance with Subsection 21.22.030(B) (Areas of special flood
hazard), above, the floodplain administrator shall obtain, review and reasonably utilize
any base flood elevation and f100dway 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.
3. 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. All LOMR's 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 (CLOMR's). Approved CLOMR's allow construction of the
proposed flood control project and land preparation as specified in the "start of
construction" definition.
Such submissions are necessary so that upon confirmation of those
physical changes 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.
4. 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).
5. 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.
6. 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
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, or verified by the Building
I nspector to be properly elevated. Such certification or verification 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.
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 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. Floodways. Located within the areas of special flood hazard established in
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 A 1-30 and AE, unless it is
demonstrated that the cumulative effect of the proposed development, when combined
with all other development, will not increase the water surface elevation of the base
flood more than 1 foot at any point within the City of Campbell.
2. Within an adopted regulatory f1oodway, 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.)
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 f100dway 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
that the structure will be allowed 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 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.