[Ord. 1120-13, eff. July
4, 2013]
The issuance of a variance is for floodplain management purposes
only. Insurance premium rates are determined by statute according
to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section of the chapter
are based on the general principle of zoning law 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 chapter 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.
It is the duty of the City Council to help protect its citizens
from flooding. This need is so compelling and the implications of
the cost of insuring a structure built below flood level are so serious
that variances from the flood elevation or from other requirements
in the flood ordinance are quite rare. The long term goal of preventing
and reducing flood loss and damage can only be met if variances are
strictly limited. Therefore, the variance guidelines provided in this
chapter are more detailed and contain multiple provisions that must
be met before a variance can be properly granted. The criteria are
designed to screen out those situations in which alternatives other
than a variance are more appropriate.
[Ord. 1120-13, eff. July
4, 2013]
(a) Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a
lot of 1/2 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 Articles 4 and 5 of this chapter have been
fully considered. As the lot size increases beyond 1/2 acre, the technical
justification required for issuing the variance increases.
(b) Variances may be issued for the repair or rehabilitation of "historic
structures" (as defined in Article 2 of this chapter) 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.
(c) Variances shall not be issued within any mapped regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
(d) 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 chapter. For example, in
the case of variances to an elevation requirement, this means the
City Council 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 Council believes will both provide
relief and preserve the integrity of the local ordinance.
(e) Any applicant to whom a variance is granted shall be given written
notice over the signature of a community official 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 for $100 of insurance coverage,
and
(2)
Such construction below the base flood level increases risks
to life and property. It is recommended that a copy of the notice
shall be recorded by the Floodplain Administrator in the Office of
the County of Los Angeles Recorder and shall be recorded in a manner
so that it appears in the chain of title of the affected parcel of
land.
(f) 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 Emergency
Management Agency.
[Ord. 1120-13, eff. July
4, 2013]
(a) In passing upon requests for variances, the City Council shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and the:
(1)
Danger that materials may be swept onto other lands to the injury
of others;
(2)
Danger of life and property due to flooding or erosion damage;
(3)
Susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the existing individual
owner and future owners of the property;
(4)
Importance of the services provided by the proposed facility
to the community;
(5)
Necessity to the facility of a waterfront location, where applicable;
(6)
Availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)
Compatibility of the proposed use with existing and anticipated
development;
(8)
Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(9)
Safety of access to the property in time of flood for ordinary
and emergency vehicles;
(10)
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
(11)
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.
(b) 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.
(c) 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 §§
6-9.603(a) through
(d) 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.
(d) Upon consideration of the factors of §
6-9.602(a) and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.