§ 6.16.220. Appeal Board.

(a)

The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b)

The city council 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)

The applicant or any taxpayer aggrieved by the decision of the city council may appeal such decision to the Superior Court, as provided in Section 1094.5 of the Code of Civil Procedures of the State of California.

(d)

In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards. etc., specified in other sections of this chapter, and:

(1)

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

(2)

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

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

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

(5)

The necessity to the facility of a waterfront location, where applicable;

(6)

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

(7)

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

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

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

(10)

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

(11)

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.

(e)

Generally, variances 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 all items in subsection (d) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(f)

Upon consideration of the factors of subsection (d) of this section and the purpose of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

(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.

(Ord. 735 § 4, 1998; Ord. 602 § 1 (part), 1988)