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HomeMy WebLinkAbout06/20/2006, PH 7 - FLOOD DAMAGE ORDINANCE VARIANCE REQUEST r counat June 20,2006 j ac En as nEpont �N CITY O F SAN LUIS O B I S P O FROM: Jay D. Walter, Director of Public Works Prepared By: Barbara Lynch City Engineer SUBJECT: FLOOD DAMAGE ORDINANCE VARIANCE REQUEST CAO RECOMMENDATION Adopt a Resolution allowing a variance to the City's flood damage prevention regulations for 229 High Street. DISCUSSION The City's Flood Damage Prevention Regulations are set forth at Municipal Code Chapter 17.84. Their purpose is to regulate construction in the City's flood zones so as to prevent damage to new structures, existing structures and to prevent potential flood conditions from getting worse. The ordinance sets forth requirements for floor elevations and flood protection for various types of structures, be they residential, industrial or commercial. The ordinance requires that new structures or structures undergoing a substantial remodel comply with the flood ordinance provisions which include raising the floor elevation of residences to one foot above the anticipated Base Flood Elevation(BFE.) A substantial remodel is one which is valued at 50% or more of the value of the existing structure. The Public Works Department received a request for a variance to the requirements of the flood ordinance from the property owner at 229 High Street. The property in question is residential and partially in the A Flood Zone — the area of 100-year flooding. Per the City's ordinance, residential structures in the A.Flood Zone shall have their finished first floor elevation raised a minimum of one foot above the one hundred year flood elevation. The 100-year flood is the flood which has a 1% chance of occurring each year, or could reasonably be expected to occur once every 100 years. Project Details As shown in Attachment 1, the property in question is split between the A and B flood zones. The A zone being the area of inundation in a 100 year flood and the B zone being the area of inundation of a 500 year flood. The property owner has provided information on the proposed remodel in Attachment 2. The remodel includes an expansion of the existing residence and the raising of a sunken bedroom to the elevation of the remainder of the residence. The owner has provided square footage and elevation information for these activities as well as some justification for the variance approval. Staff reviewed the site with the following findings' The residence currently has adequate venting into the crawl space to allow for equalization of flood waters to eliminate pressure on the foundation in the event of a flood. The heating/cooling unit is overhead, as is the power feed. c Flood Ordinance Variance Request Page 2 The water heater is on a raised platform in the garage and is 0.3 feet above the 100 year flood elevation. The sunken room appears to be a slab on grade construction. Flood Ordinance Variance Requirements Municipal Code Section 11.84.140 outlines the process and findings necessary for granting a variance. It provides that generally variances may be issued for 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 (100 year flood elevation:) The Council must consider factors listed below and then make the findings below in order to grant the variance. There can be no environmental impact as a result of the approval of the variance. Requests for variances must be heard by the Council, see Attachment 3, Section A,Appeals. Council must.consider the following factors: a. The danger that materials may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. e. The necessity to the facility of a waterfront location, where applicable. f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the general plan and floodplain management program of that area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. k. 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 systems,and streets and bridges. Council must make the following findings: 1. There will not be an increase in flood levels during the 100 year flood in any designated floodway, a floodway consisting of the creek channel and the adjacent land area needed for the flood waters. 2. That the variance and associated conditions granted by the Council are the minimum necessary, considering the flood hazard, to afford relief. (NOTE: The "minimum necessary" as described by FEMA means to afford relief with a minimum deviation from the flood ordinance requirements.) 3. There is a showing of good and sufficient cause. 4. That failure to grant the variance would result.in exceptional hardship to the applicant (NOTE: "Hardship" as described by FEMA means an unusual condition of the property, such as a physical attribute, that makes compliance with the ordinance unrealistic;) and Flood Ordinance Variance Request Page 3 5. That the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, and will not create nuisances, cause fraud on or victimization of the public, cause any environmental impact that cannot be mitigated, or conflict with existing local laws or ordinances. Staff provided the applicant with a list of the items regarding factors and findings the City Council would consider and the determinations they must make. The property owner was invited to provide information to staff supporting her request for the variance, to be forwarded to the Council. The property owner was also encouraged to attend the Council's meeting to speak on behalf of her request. Summary of how the findines are met: Finding 1 is being met in that there will not be an increase in flood levels during the 100 year flood because the addition will provide venting to accept flood waters and the sunken room will be raised and vented, allowing flood water to be accepted under the area of the house where it is currently excluded due to the slab on grade construction. Finding 2 is being met in that the variance, when combined with the conditions recommended below, provides the necessary relief while still requiring flood damage prevention work to take place. The minimum relief being to allow the owner to construct to the current main floor elevation in lieu of raising the foundation. Finding 3 is being met in that the property is at the edge of the 100 year flood zone and a portion of the addition appears it will be out of the 100 year flood zone. The remodeling will improve the flow conditions around the building and raise the sunken room above the flood elevation, where it is now below. The addition is minor, with a portion of the remodel costs triggering compliance coming from the raising of the sunken room, which is beneficial from a flood damage prevention stand point. Finding 4 is being met in that the property is very small with narrow side yards, unlike neighboring properties, making foundation replacement difficult. Finding 5 is being met in that the raising of the bedroom, which has a greater footprint than the addition, will provide added flood flow area. The variance will be recorded in the chain of title for the propertyy to ensure that future potential buyers are aware of the risk. The owner will sign a hold harmless agreement, also to be recorded in the chain of title, to protect the public from the cost associated with unwarranted litigation against the City in the case of flood damage. The project will be reviewed for environmental impacts through the permit process. Recommended Conditions The Council as it deems necessary, may attach conditions to the granting of variances as it deems necessary to further the purposes of flood damage prevention. As indicated in Finding two above, the Council need only grant the minimum necessary to overcome the hardship versus granting a variance to all the ordinance requirements. The ordinance states that the structure shall be protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. Staff is recommending the 7-3 Flood Ordinance Variance Request Page 4 following items be required with the remodeling to address the maximum number of flood damage prevention activities without replacement of the foundation to provide the remaining 0.18 feet of elevation need to meet all the ordinance requirements. Recommended conditions for approval: 1. The water heater be elevated such that the controls are one foot above the base flood elevation.. 2. The remodel to include the raising of the lowest floor(1.46' below) to match the higher floor elevation. 3. The raised room and the new addition to include venting of the crawl space for equalization of flood flow. 4. The construction of the raised room and the addition to be of flood resistant materials below the floor elevation. 5. The garage to be floodproofed to one foot above the base flood elevation. 6. The owner to provide a cert if cation from a registered professional engineer or architect that the existing building is securely anchored to prevent flotation, collapse or lateral movement in the event of a flood. 7. The owner to record in the chain of title a notice of the variance and a hold harmless agreement that will be binding on purchasers, heirs and assigns. A copy of the agreement and the documentation of filing to be provided to the City prior to release of the building permit. FISCAL IMPACT There is no fiscal impact to the City. If, during a future review of our program, FEMA determines the variance should not have been granted, they may possibly deduct points from the City's insurance rating. Preliminary verbal discussions with FEMA indicate they do not feel the City would be excessive in granting this variance. The FEMA rating determines the reduction in flood insurance premiums the community pays. The City currently has a rating of 8 resulting in a 10% discount to the insurance premiums paid by property owners. The best rating is a 1 with a corresponding reduction in rates of 45%. The loss of a low number of points would not change the City's rating; however, any lost points would have to be gain back through some other method in the future should the City wish to reach a higher rating. ALTERNATIVES The Council could choose to refuse to grant the property owner the variance to the flood ordinance or approve the variance with conditions other than those recommended by staff. ATTACHMENTS Attachment 1. Site Aerial with flood zone overlay Attachment 2. 229 High Street Owner Information Attachment 3. 17.84.140 of the City Municipal Code Attachment 4. Resolution Attachment.5. Hold Harmless Agreement X11aCltmPn f n. � a.pt �� C' �, a �,.,• t ,r �.y o '��, z-"S".. -, q +>T'y ,,•A � � b Sar a" w?�•�d rn y.. S a� a v, p � �? ��� ..9''o-dtbd S" +�,.w's' az u:�q's° �'y'6';n .✓' G���. m � •, < A;,S,- P>s �r ..�'4 � i*o%d' y�s"t`r " a g y ° Y 1 ¢ ) ��t �,. � �` © x YYi-•';,. µ���"3�j � gS t ..;9.T' gym^_ af. `'7 0 ;e� tet. , as 5 Y �� e' tis,. t �.�.�a..(��` .�' -'�• !n <* 4.y e6^° e .-.�a '7. _ t. r x 3 � 's � �����4•� F e .. � -LY+ .,r y.,c+ F o- �. > i. Y N Y -•� +'�r i y.r8 .6 ''y� �L 9.+"iJ' .1..� r�� ^.3* .J' � ell 1> w iay +y m R W 5 �a Fj�• A Ne Al � 25 14 x L 1 7-6 n..t.aeru�c..w.iveu.nr.WmC+n'�r�vtYM�[..r_uw'.S<t!T.1MI6-� -�••� ,P rem • .-: Affctelrrnenf z - / Information Pertaining to Variance Request for 229 High Street Relevant Dimensions Pertainin to Request Base Flood Elevation 167.5' Ordinance Required Elevation 168.5' Existing Main House Elevation 168.32' Elevation Requested for Addition 168.32' Existing Bedroom Elevation 166.86' Elevation Requested for Bedroom 168.32' Existing Living Space 934 sq.' -Proposed Addition 118 sq.' (Sunken) Bedroom Portion of 170 sq.' Living Space My request is' (1) to continue the existing 168.32' floor elevation (168.5' required by ordinance) in a proposed addition to my house and (2) to raise a sunken bedroom 1'64" from an existing 166.86' to 168.32' (168.5' required by ordinance) thereby providing a single floor level throughout the house. Please consider the following circumstances in support of my request for a variance: 1. The parcel is situated at the edge of Zone A. It is partly in Zone A and partly within Zone B. 2. The deviation from the code requirement (1' above base flood elevation) is minimal: .18' (2.16''). The main part of my house is .82'above the BFE. 3. The addition I propose is small: It would add 118 square feet to the existing 934 square-foot residence. 4. While the addition is small, it will have great utility. a. The new kitchen will allow me to have a separate dining area. b. The addition to the study will provide for easier passage to the rear bedroom. c. The widened bedroom will feel less vault-like. 5. I plan to raise the sunken bedroom (currently below the base flood elevation) to the level of the main part of the house. r i-_.. TTS/LLC/)/Y�Q✓LT ��l�i 6. The bedroom that I plan to raise is larger than the entire proposed addition (170 square feet vs. 118 square feet). The bedroom also represents a significant portion of the existing house (18 %). 7. Raising the 170 square-foot sunken bedroom by 1.64' will provide a flood exposure benefit that more than compensates for adding 118 square feet at an elevation slightly below the ordinance requirement. 8. With the planned addition, the finished floor for the entire house will be only .18' below the standard 168.5'. 9. My house is exceptional in my neighborhood in not having a side driveway allowing access to the rear of my property. Both side yards are approximately 4 feet wide; too narrow for large equipment.to access my back yard. Every other nearby house has a driveway and separate rear garage. 10. My house is also unlike any of the three houses to the west on my block (and in Flood Zone A) in being partially on a raised foundation and partially on a lower slab. This circumstance would also greatly complicate raising the house. The ceiling is continuous throughout the house; the walls are of different heights. In the main portion the walls are 8'4" high, while in the sunken bedroom they are 9'9" high.) I can think of no possible public harm, additional risk, or environmental impact that would result from granting of the requested variance. 7- 7 FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No.3067-0077 RATIONAL FLOOD INSURANCE PROGRAM Expires December 31,2005 ELEVATION CERTIFICATE kl&ehmen�A 2-3 Read Bre haftuctions on palm 1-7. SECTION A-PROPERTY OWNER INFORMATION For lnsuranoeCon>MUse: BUILDING OWNERS NAND Policy Number Gina K* BUILDING STREET ADDRESS anduding Apt,Unit Suite,and/or Bldg.No.)OR P.O.ROUTE AND BOX NO. Company NAIC Number 229 High Street CITY STATE ZIP CODE San Luis Obispo Ca 93401 PROPERTY DESCRIPTION(La and Block Numbers,Tax Parcel Numtier,Legal Description,etc.) Lot 2 in Block 151 in the HarWs Addition APN 003.72230 BUILDING USE(e.g.,Residential,Non4asidential,Additlon,Aaxssory,etc Use a Comments ansa,if necessary.) Residential LATI TUDEILONGITUDE(OPTIONAL) HORIZONTAL DATUM: SOURCE Ll GPS(type):_ (Ire°-err-N#jW or au. ®NAD 1927 ❑NAD 1983 ❑USGS Quad Map ❑Omer. SECTION 8-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION 81.NFP OOMu 12M NAhE&COMMUNITY NUMIOR 82 COUNTY NAIuE — - 83.STATE Cay ofSanLuisObW060310005C Cow*of5anLusObispo CA 84.W AND PANS. W FILM PANEL IR BASE FL000 ELEVATIONS) NUMBER 8aaffDC B6.F8iM9IDF7((DATE ET&M\EIREASEDDATE M.FLOWZONE(S) (Zone AO,usedoodfloodYg) 060310 0005 C Apr 16,79 J*7,81 A-12 1675 810.Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in 89. ❑FIS Profile ®FIRM (].C=ffw y Determined ❑other(Describe):— 811.Indicate the eleva cin dabim used forthe BFE in B9:®NGVD 1929 ❑NAVD 1988 ❑Otw(Describe):— BIZ Is the building located in a Coastal Barrier Resources System(CBRS)ama or Oftmise Proftled Area(OPA)? []Yes ®No Designation Date— SEC710N C-BUILDING ELEVATION INFORMATION(SURVEY REQLARED) C1.Bul ft elevations are based on:❑CansOnxdion Drawings' ❑Building Under CoVudiorf ®Finished Corshoicin 'A new Elevation CerhTiratew8 be r act med when corstnx4ar dthe buadng is compete. CL Banding Diagram Number$(Select the building diagram most simLaf to bre building for wf t this certifirle is being oornpleted-see pages 6 and 7. 9 no diagram amursly Wesents the building,pr Y&a sketch or photograph.) C3.Elevations-Zones Al AW,AE,AH,A(with BFE),VE,V1430,V(with SFE),AR,ARIA,ARAE,ARIA1-AW,ARIAH,ARIAO Co MIO Items C3.-a4 below amordQng to the building diagnsm spedfied in Item CZ State the datum used.If the datum is diflererd from the datum used forte BFE in Section 8,convert the datum Oft used forte SFE.Show field measurements and datum conversion calculation. Use the space pm 4dW or the Cm mrerds area of Section D or Seton G,as Wpaprrffie,to doamren t the datum conversion. Datum City BM 55-16 CanversionlCormnents Noon 9evatim nabernce mark used_Does the elevation reference mark used appear on the FIRM? ❑Yes ®No o a)Top of bottom floor(inducing basement aendosure) M. KILO) �,or� .s;-;-Ik: ob)Top ofne#higherflaor 168.32ft(mj roe PgNOCO c9y o C)Bottom of lowest hamontal structural rt (V zorres Doty) _._ft(m) od)Attadnedgarage(bpofstab) . 25ft(m) EF a No.30412 s o e)Lowest elevation ofmachiray ardor ecligrnent W m s Co 131 servicing the bAft(Drsarbe in a Comments aron) 167.Aft(m) E 01)laivest a*ce t(finished)grade(LAG) ?f..041n) i N Iy Qz•P og)Highest adacent(Tunshed)grade(HAG) 166. 0ft(m) 4tFe7e•or F° o h)No.of peananent opernhgs(flood vends)within 1 It.above a -cad giads 10 0 9 Total area of all pennar ent opewrgs(flood vents)in C3.h 6RG sy.in.(sq.an) SECTION D SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to Certify elevation information. I certify that the fnforrnatlon In Ssdions A,B,and C on this certificate represents my best efforts to irderprat the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S.Code,Section 1001. CERTIFIERS NAME Steven Frank LICENSE NUMBER RCE 30412 TM EOwner COMPANY NAME TMS-Topographic Mir Service ADDRESS CITY STATE ZIP CODE 440 Country Club Drive San Luis Obispo Ca 93401 SIGNATURE LATE TELEPHONE Mar 3,75 @05P4Q= FEMA Forth 81-31,January 2003 See reverse side for continuation. Replaces all previous editions IMPORTANT: In tme spaces,copy the conesponding hdonmaWn from Section A Far Ins uarae Company Use: BUdDDJGSTREETADDFIESS(Ind dT Apt,Unit Sults,ar, tlg.No.)OR P.O.ROUTE AND BOX N0. Policy Number 229 Street Wee h r. Z CITY STATE ZIP CODE Canpary NAIC Number San Luh Obispo Ca 93401 SECTION D-SURVEYOR ENGINEER OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this&enation Cer6ficatefor(1)community a6iQal,(2)hsuraoe agenUmmpany,and(3)building owner. COMMENTS Property is partially located in Zone A-12 and partially in Zone B. Water heaterpiatform is at 1678 ❑Check here 6 attachments SECTION E-SULDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(W TIOUT BFE) ForZame AO and Zone A(without BEE),compiete Items E1 though E4. Ifthe Elevation Certificate is intended for use as supporting Information for a LAMA or LOMR-F, Section C must be eornWi d. Et.&Aft Diagram Number_(Selecl the building diagram most srilarto the balding forwhich this cerlilicale is being completed–seepages 6 and 7. If rm diagram accurately represents the b i ft pnwide a sketch or photograph.) E7.The top d the bottom floor(including basement or enclosure)of the building is _R(m)_h.(an)❑above or ❑below(check ane)the highest ad)aoent grade. (Use natural grade,if avaiahle). E3.For Building Diagrams H with openings(see page 7),the nod higherflocr or elevated floor(elevation b)of the building is _8(m)_in.(km)above the highest adjacent grade. Canplele items C3.h and C3.i on front of form. E4.The top of the platform of machinery wdor equiprrhent servicing the building is _IL(m)_in.(an)❑above or ❑below(check ane)the highest adacerd grade. (Use natural grade,6 available). E5.For Zone AO mfy: If no flood depth number is available,is the tap of the bottom toe elevated in accordance with the oanmunitys floodplain management ordnance? ❑Yes ❑No ❑Unknown. The bot official must certify this information in Section G. SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The properly owner or owne's auttot¢ed mixwentalive who completes Sections A,B,C(ftems C3.h and C3.i only),and E for Zone A(without a FEMA4&c;uW or community- issued BFE)orZoneA0 must sign here. The datonet in Sections A C,andEare corredtothe bestofmylmowledge. PROPERTY OWNER'S OR OWNER'S AUTHORIZED REPRESENTATIVE'S NAME Steven Frank ADDRESS CITY STATE ZIP CODE 440 Country Club Drive San Luis Obispo CA 93401 SIGNATUt� DATE TELEPHONE Mar 3'06 COMMENTS The property is located in Zone A-12 and partially Zane S. ❑Check here if Mechmerds SECTION G-COMMUNITY INFORMATION(OPTIONAL) The local official who is autha trod bylaw or adnanee to achninistat the camnurWs floodplain management ordnance can complete Sections A.B,C(or E),and G of tris 9evation Certificate, Corrhplete tie applicable iter(s)and sign belay. G1.❑The information in Section C was taken from atherdoammentallon#0 has been signed and embossed by a licensed surveyor,engineer,or architect:who is adlcrmed by state or local law to certify elevation irAon aliom (Indicate the source and ate of the devotion data in the Co m anis am belay.) GZ❑A comnwndy official completed Section E for a building loud in Zane A(without a FEMA4ssued aoommahiyissued 8FE)or Zane A0. G3.❑The following h tai na an(l1ems G4-G9)is W- ":"forcmoLirdykooWm3mgementpxpms. G4.PERMfT NUMBER Cf.DATE PERMIT ISSUED G6.DAIS CERTIFICATE OF COP PW4NCE✓OCCUPANCY ISSUEo G7.This permit has been issued for:❑New Construction ❑Substantial improvement G8.Elwation of as-badt lowestttcor(mdudmg basement)of the building's: __t(m) Datum- G9. atum G9.BFE or(iin Zone AO)depth of flooding at tie building site is: —_ft(m) Datum:_ LOCAL OFFICIAL'S NAME TITLE COMMUNITY NAME TELEPHONE SIGNATURE DATE COMMENTS p Check hie Iadachmends FEMA Forth 81-31,January 2003 Replaces 611 previous editions r4¢/achrr��n� z-5 U �v i W O Z Z i i UD Z O r i Z V Z 5 LLJ J ~ _ . J o � II 0 >-o O i V)Q m- � I ________________J LL O U 00a' W ceO 0 D)OQS �m Q w (X � /D At�a.ehnie�r� .3 -/ San Luis Obispo Municipal Code 17.84.140 Variance procedure. The duties of the city engineer shall include,but are not limited to: A. Permit Review: I Review all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review all development permits to determine that all building sites are reasonably safe from flooding; 3. Advise all applicants that other permits may be required from federal, state and local governmental agencies; 4. Review all development permits in the area of special flood hazard to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For the purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development and other preceding developments will be to increase the water surface elevation of the base flood more than one foot at any point. B. Use of Other Base Flood Data: When base flood elevation data has not been provided in accordance with Section 17.84.050, the city engineer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer subsections A and B of Section 17.84.160. C. Information to be Obtained and Maintained: I. Indicate base flood elevation; 2. Obtain and record the actual elevation(in relation to mean sea level, 1929 NGVD) of the lowest floor(including basement)of all new or substantially improved structures; 3. For all new or substantially improved floodproofed structures: a. Verify and record the actual elevation (in relation to mean sea level, 1929 NGVD); and b. Maintain the floodproofing certifications required in Section 17.84.16083; 4. Maintain for public inspection all records pertaining to the provisions of this chapter. D. Alteration of Watercourse: 1. Notify adjacent communities and the California State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished. E. 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 Section 17.84.140. F. Take action to remedy violations of these regulations as specified in Section 17.84.080. (Ord. 1259§ 3, 1994; Ord. 1093 § 3 (part), 1987: prior code § 9812) A. Appeals. Printed from Folio Views Pagel l� San Luis Obispo Municipal Code 1. The council shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city engineer in the enforcement or administration of this chapter. 3. In passing upon such applications,the council shall consider all technical evaluations, all relevant factors, including all possible environmental impacts, standards specified in other sections of this chapter, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or.erosion damage; C. The susceptibility of the proposed facility and its contents.to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location,where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the general plan and floodplain management program of that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and k. 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 systems,and streets and bridges. 4. 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 items a through k of subdivision 3 of this subsection have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 5. Upon consideration of the factors of subdivision 3 of this subsection, and the purposes of this chapter, the council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The city engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance.Administration upon request. B. Conditions for Variances. 1. Variances may be used for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or the city historical and architectural element of the general plan, without regard to the Printed from Folio Views Page2 14Mehmeh74 3-3 San Luis Obispo Municipal Code procedures set forth in the remainder of this section. 2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. 4. Variances shall be issued only upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, and will not create nuisances, cause fraud on or victimization of the public, cause any environmental impact that cannot be mitigated, or conflict with existing local laws or ordinances. 5. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 6. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subparagraphs 1 through 4 of this subsection 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. (Ord. 1093 § 2 (part), 1987: prior code § 9813) . Printed from Folio Views Page3 �fitctirx.ev�f y— / RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING A VARIANCE FROM A REQUIREMENT OF THE CITY'S FLOOD ORDINANCE AT 229 HIGH STREET WHEREAS,Regina Kirk ("owner") desiresto remodel and to construct an addition to an existing residence at 229 High Street;and WHEREAS,the City's Flood Damage Prevention regulations require that any substantial improvement or a residential structure shall include elevating the lowest floor to at least one foot above the base flood elevation; and WHEREAS, the owner wishes to raise the sunken portion of the residence and construct an addition to the elevation of the remainder of the residence which is 0.82 feet above the base flood elevation; and WHEREAS, the owner's proposal does not comply with the flood damage prevention ordinance and so the City Engineer is unable to authorize construction; and. WHEREAS, pursuant to the flood damage regulations, the owner has requested the City Council grant a variance from the aforementioned requirement; and WHEREAS, the. City Council has adequately considered and made the necessary findings as required to comply with the conditions for variances established in Chapter 17.84.140 of the Municipal Code; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council approves a variance to the flood ordinance upon finding that: (a) There will not be an increase in flood levels during the 100 year flood in any designated floodway because the addition will provide venting to accept flood waters and the sunken room will be raised and vented, allowing flood water to be accepted under the area of the house where it is currently excluded due to the slab on grade construction. (b) The variance and associated conditions granted by the Council are the minimum necessary, considering the flood hazard, to afford relief, in that the raising of the foundation is the primary condition of concern to the owners. (c) There is a showing of good and sufficient cause in that the property is at the edge of the 100 year flood zone and a portion of the addition appears to be out of the 100 year flood zone. The remodeling will improve the flow conditions around the building and raise the sunken room above the flood elevation, where it is now below. The addition is minor, with a portion of the remodel costs triggering compliance coming from the raising of the sunken room, which is beneficial from a flood damage prevention stand point. (d) Failure to grant the variance would result in exceptional hardship to the applicant in that the property is very small with narrow side yards, unlike neighboring properties, making foundation replacement diff cult.; and r� R , / j`/ Aov h rr c vt-4 q- ,Z., Resolution No. (2006 Series) Page 2 (e) The granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, and will not create nuisances, cause fraud on or victimization of the public, cause any environmental impact that cannot be mitigated, or conflict with existing local laws or ordinances in that the raising of the . bedroom, which has a greater footprint than the addition, will provide added flood flow area. The variance will be recorded in the chain of title for the property to ensure that future potential buyers are aware of the risk. The owner will sign a hold harmless agreement, also to be recorded in the chain of title, to protect the public from the cost associated with unwarranted litigation against the City in the case of flood damage.. The project will be reviewed for environmental impacts through the.permit process. SECTION 2. The following conditions shall apply to the approval of the variance: (a) The water heater to be elevated such that the controls are one foot above the base flood elevation. (b) The remodel to include the raising of the lowest floor (1.46' below) to match the higher floor elevation. (c) The raised room and the new addition to include venting of the crawl space for equalization of flood flow. (d) The construction of the raised room and the addition to be of flood resistant materials below the floor elevation. (e) The garage to be wet flood proofed to one foot above the base flood elevation. (f) The owner to provide a certification from a registered professional engineer or architect that the existing building is securely anchored to prevent flotation, collapse or lateral movement in the event of a flood. (g) The owner to record in the chain of title a notice of the variance and a hold harmless agreement that will be binding on purchasers, heirs and assignees. A copy of the agreement and the documentation of filing to be provided to the City prior to release of the building permit. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2006. Mayor David F. Romero �ach.ru.�f y 3 Resolution No. (2006 Series) Page 3 ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: JoAthp& Lowell City Attorney /4 -� ��acdr,Ze�rf 5 Hold Harmless Release in Conjunction with Variance from Flood Damage Prevention Regulations I, Regina Kirk have requested a variance from flood regulations from the City of San Luis Obispo in order to expand the structure I own at 229 High Street that is within the A flood zone as designated on the current Flood Insurance Rate Map for the City. As a condition of the grant of such variance, I am entering into this hold harmless release. I agree to hold harmless the City of San Luis Obispo, its officers,employees and volunteers from and against any and all liability arising out of or in any way connected with flooding at 229 High Street,San Luis Obispo,California. THIS RELEASE SHALL APPLY EVEN THOUGH LIABILITY MAY ARISE OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF THOSE DISCHARGED INCLUDING THEIR EMPLOYEES,AGENTS AND VOLUNTEERS. This release shall apply to myself, as well as any of my heirs, executors or administrators, and my successors and assigns. Regina Kirk NOTARY $l�imtoM cw12106WevnrMoodv2rW O ridem,dm / 17