Appendix 3708. Exceptions.

(a)

Appeal of floodplain administrator decision and exceptions . The city council shall hear and decide appeals from the decision of the floodplain administrator and requests for exception from the requirements of this chapter. Within fifteen (15) days of the decision of the floodplain administrator, a person may appeal such decision to the city council or apply for an exception from the requirements of this chapter by filing an application with the floodplain administrator.

(b)

Review by city council . In ruling on an application for an exception or an appeal, the city council shall consider all technical evaluations, all standards specified in other sections of this chapter, and other relevant factors including the following:

(1)

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

(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 use which 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 the floodplain management program for that area;

(9)

The provision of access to the property during a flood for emergency and other vehicles;

(10)

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

(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.

(c)

Grounds for granting exceptions .

(1)

Exceptions may be granted for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the exception is the minimum necessary to preserve the historic character and design of the structure.

(2)

Exceptions shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3)

Generally, exceptions may be issued for new construction, substantial improvement, and other proposed new development 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. As the lot size increases beyond one-half acre, the technical justification required for issuing the exception increases.

(4)

The city council shall make the following findings before granting an exception:

a.

That there is a showing of good and sufficient cause for such exception;

b.

That failure to grant the exception would result in exceptional hardship to the applicant; and

c.

That the granting of an exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of a nuisance, or conflict with existing local laws.

d.

The exception 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.

(5)

Exceptions may be issued for new construction and substantial improvements and for other development necessary to conduct a functionally dependent use provided that the provisions of section 3708(b) 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 an exception is granted shall be given written notice that the structure or other development will be permitted to be built with a lowest floor elevation below the regulatory flood elevation, will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, commensurate with the increased risk resulting from the reduced lowest floor elevation, and such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded in the office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(d)

Upon consideration of the factors in section 3708(b) and the purposes of this chapter, the city council may attach such conditions to the granting of exceptions and issuance of development permits as it deems necessary to further the purposes of this chapter.

(e)

The floodplain administrator shall maintain the records of all appeal actions and report any exceptions to the Federal Emergency Management Authority upon request and as part of the city's biennial report.

(Ord. No. 140, § 1, 2-24-88; Ord. No. 01-307, § 4, 5-23-2001; Ord. No. 17-430, § 2, 8-23-2017)