§ 7-5.803. Variance board.

(a)

The Planning Commission of the City ("Commission"), acting as the Variance Board, shall hear and decide appeals of a decision of the Floodplain Administrator and requests for variances from the requirements of this chapter. The Commission, and Council on appeal of a decision of the Commission, shall hear the variance application at a noticed public hearing with notice made as required for variances pursuant to Title 9, Planning and Zoning, of this Code.

(b)

The Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

(c)

Those aggrieved by the decision of the Commission, pursuant to this chapter, may appeal such decision to the City Council. Such appeal shall be filed with the City Clerk within ten (10) calendar days of the Commission's decision and shall specify the project and grounds for appeal.

(d)

Variances shall only be issued upon a:

(1)

Showing of good and sufficient cause;

(2)

Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

(3)

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

(e)

In hearing such applications, the Commission shall consider all of the following:

(1)

The standards specified in this chapter;

(2)

Engineering and technical reports prepared for the project;

(3)

The danger that materials may be swept onto other lands to the injury of others;

(4)

The danger to life and property due to flooding or erosion damage;

(5)

The susceptibility of the proposed structure and its contents to flood damage and the effect of such damage on the existing and future owners of the property;

(6)

The importance of the community of the services provided by the proposed facility;

(7)

The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

(8)

The compatibility of the proposed use with existing and anticipated development;

(9)

The relationship of the proposed use to the General Plan and floodplain management program for that area;

(10)

The safety of access to the property in time of flood for ordinary and emergency vehicles;

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(12)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water system, and streets and bridges.

(f)

Any applicant to whom a variance is granted shall be given written notice by the City that:

(1)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

(2)

Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Ventura County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(g)

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.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)