City of Fountain Valley, CA OVERLAY ZONING DISTRICTS

The floodplain district (FP) consists of flood hazard areas of Fountain Valley that are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(c)

Statement of 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:

To protect human life and health;

To minimize expenditure of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

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 help maintain a stable tax base by providing for development of areas of special flood hazard so as to minimize future flood blight areas;

(7)

To insure that potential buyers are notified that property is in an area of special flood hazard; and

(8)

To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

None of the above-stated purposes shall be construed as imposing duties upon the city other than those specially mentioned in this chapter.

(d)

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

Restricting or prohibiting uses which 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;

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

Controlling filling, grading, dredging and other development which may increase flood damage;

"Area of shallow flooding"

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and

(6)

Reviewing proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972.

(e)

Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Appeal"

means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

means a designated AO or VO zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

"Area of Special Flood Hazard."

See "Special flood hazard area."

"A zone."

See "Special flood hazard area."

"Base flood"

means the flood which has a one percent chance of being equaled or exceeded in any given year.

"Basement"

means any area of the building having its floor subgrade (below ground level) on all sides.

"Development"

means any manmade 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 located within the area of special flood hazard.

"Existing manufactured home park or manufactured home subdivision"

means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed before the effective date of the ordinance codified in this chapter.

"Expansion to an existing manufactured home park or manufactured home subdivision"

means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

"Flood" or "flooding"

means a general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; and/or

"Flood Boundary and Floodway Map"

The unusual and rapid accumulation of runoff of surface waters from any source.

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 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 ordinances, 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 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.

"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:

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;

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;

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

"Manufactured home park or subdivision"

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 by the Secretary of the Interior in states without approved programs.

"Levee"

means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system"

means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"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 nonelevation 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 for use 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 one hundred eighty consecutive days.

means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Mean sea level"

means, for 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 structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.

"New manufactured home park or manufactured home subdivision"

means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of the ordinance codified in this chapter.

"One hundred year flood" or "100-year flood"

means a flood which has 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 which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self propelled or permanently towable by a light duty truck; and

"Special flood hazard area (SFHA)"

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"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.

"Regulatory floodway"

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, also referred to as "floodway."

means the area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on FIRM as zone A, AO, A1-A30, AE, A99 or AH.

"Start of construction"

includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as 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 such as garages or sheds not occupied as dwelling units or not part of the main structure. For a 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 or manufactured home that is principally aboveground.

"Substantial damage"

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement"

means any repair, reconstruction or improvement of a structure occurring within the five years immediately preceding the current application, regardless of any change in ownership during this period, which act or acts aggregated have a total cost that equals or exceeds fifty percent of the market value of the structure either:

Before the improvement or repair is started; or

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, however, include either:

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

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

As used in the definition of "substantial improvement," "market value" shall be determined by the building official by reference to the latest Orange County assessment roll, by a real estate appraiser secured at applicant's cost or by reference to any other reliable information as the planning and building director deems necessary.

"Variance"

means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation"

means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. 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 such time as that documentation is provided.

"Watercourse"

means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(f)

Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

(g)

Basis for Establishing the Areas of Special Flood Hazard. The areas of special hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Orange County and incorporated areas Flood Insurance Study (FIS), dated March 21, 2019, and accompanying Flood Insurance Rate Map (FIRM), dated March 21, 2019, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS, and attendant mapping, is the minimum area of applicability of this chapter and which are recommended to the city council by the floodplain administrator. The study and FIRM are on file at City Hall, 10200 Slater Avenue, Fountain Valley, California 92708.

(h)

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.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(j)

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

(k)

Warning and 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 manmade or natural causes. This chapter 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 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 thereunder.

(l)

Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(m)

Permits Required. All applicable development permits shall be obtained before construction or development begins within any area of special flood hazard established in subsection (g). Any application for permits shall be made on forms furnished by the city of Fountain Valley 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:

The proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

In zone AO, elevation of existing grade and proposed elevation of lowest floor of all structures;

Proposed elevation in relation to mean sea level to which any structure will be flood proofed;

Certification by a registered civil engineer that the flood proofing methods for any nonresidential structure meet the flood proofing criteria per FEMA standards; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(n)

Floodplain Administrator. The planning and building director is appointed as the floodplain administrator to administer and implement this chapter by granting or denying development permits within the special flood hazard areas; duties that are handled by the planning and building department.

(o)

Duties and Responsibilities of the Floodplain Administrator. Duties of the administrator shall include, but not be limited to floodplain administration.

Permit Review.

Review all development permits to determine that the permit requirements of this chapter have been satisfied;

Review all permits to determine that the site is reasonably safe from flooding;

Review all development permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. 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;

Assure that all other required state and federal permits have been obtained.

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection (g) of this section, the administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer this chapter.

Information to Be Obtained and Maintained. Obtain and maintain for public inspection and make available as needed for flood insurance policies:

The certified elevation requirement in subsection (p)(3)(A);

The certification required in subsection (p)(3)(B);

The flood proofing certification required in subsection (p)(3)(C);

The certified elevation required in subsection (p)(3)(D).

Alteration of Watercourses.

Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

Base flood elevation changes due to physical alterations:

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

All LOMRs 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 (CLOMRs). Approved CLOMRs 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 affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

Changes in corporate boundaries: notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

Require that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained.

Interpretation of FIRM Boundaries. 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 this chapter.

(p)

Standards of Construction. In all areas of special flood hazards the following standards are required:

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure according to the applicable standards as set forth in the California Building Code as adopted by the city;

All manufactured homes to be placed shall meet the anchoring standards of subsection (s) of this section.

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

All new construction and substantial improvments shall be constructed using methods and practices that minimize flood damage using methods and practices that minimize flood damage;

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; and

All new construction and substantial improvements within zone AH or AO, shall be constructed so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

Elevation and Flood Proofing.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement elevated one foot above the base flood elevation or elevated in accordance with the current California Building Code. Nonresidential structures may meet the standards in subsection (p)(3)(C) of this section. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or surveyor and provided to the floodplain administrator.

New construction and substantial improvement of any structure in zone AO shall be elevated so that the lowest floor is at least as high as the depth number (specified on the FIRM) in feet above the highest adjacent grade plus on foot, or three feet if no depth number is specified. Within zone AO, adequate drainage paths around structures on slopes are to be provided to guide floodwaters around and away from proposed structures. Nonresidential structures may meet the standards in subsection (p)(3)(C) of this section. Upon completion of the structure, a registered civil engineer shall certify that the elevation of the structure meets this standard and provide such certification to the floodplain administrator.

When a regulatory floodway has been designated, encroachments shall be prohibited, including fill, new construction, substantial improvements and other development within the floodway which would increase flood elevations during the occurrence of the base flood discharge.

Nonresidential construction shall either be elevated in conformance with subsection (p)(3)(A) or (B) of this section or, together with attendant utility and sanitary facilities:

Be flood proofed, together with attendant utility and sanitary facilities, below the base flood level so the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(iii)

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; and

(iv)

Be certified by a licensed civil engineer or licensed surveyor so that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

Flood Openings. All new construction and substantial improvements of structures 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 meet the following minimum criteria:

For non-engineered openings:

Have a minimum of two openings on different sides 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; and

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

Be certified by a registered civil engineer or architect.

(q)

Standards for Utilities.

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.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(r)

Standards for Subdivisions.

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered civil engineer or surveyor and provided to the floodplain administrator.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(s)

Standards for Manufactured Homes and Manufactured Home Parks and Subdivisions.

Anchoring. All manufactured homes to be placed and additions to manufactured homes shall be anchored to resist flotation, collapse or lateral movement by one of the following methods:

By providing an anchoring system designed to withstand horizontal forces of fifteen pounds per square foot and uplift forces of nine pounds per square foot;

By providing over-the-top and frame ties to ground anchors; specifically:

Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations with manufactured homes less than fifty feet long requiring only one additional tie per side,

Frame ties be provided at each corner of the home, with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long requiring only four additional ties per side, and

(iii)

All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds.

Manufactured Home Parks and Manufactured Home Subdivisions. The following standards are required for: (A) manufactured homes not placed in manufactured home parks or subdivisions, (B) new manufactured home parks or subdivisions, (C) expansions to existing manufactured home parks or subdivisions, and (D) repair, reconstruction or improvements to existing manufactured home parks or subdivisions that equal or exceed fifty percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced:

Adequate surface drainage and access for a hauler shall be provided.

All manufactured homes to be placed shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the manufactured home is one foot above the base flood level or elevated in accordance to current CBC, whichever is higher, if elevated on pilings:

The lots shall be large enough to permit steps;

The pilings shall be placed in stable soil no more than ten feet apart; and

(iii)

Reinforcement shall be provided for pilings more than six feet above the ground level.

(t)

Standards for Recreational Vehicles.

All recreational vehicles placed in the special flood hazard area will either:

Be on the site for fewer than one hundred eighty consecutive days; or

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

Meet the permit requirements of subsection (p) of this section and the elevation and anchoring requirements for manufactured homes in subsection (s) of this section.

(u)

Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1—A-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 one foot at any point within the city of Fountain Valley.

Within an adopted regulatory floodway, the city of Fountain Valley 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 encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If subsections (a)(1) and (a)(2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter or the California Building Code.

(v)

Variance Procedure. The planning commission shall hear and decide all requests for variances. A variance may only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and