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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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B. Review <strong>of</strong> all development permits to determine that all necessary permits have been obtained from those<br />

federal, state or local governmental agencies from which prior approval is required.<br />

C. Review <strong>of</strong> all development permits to determine that the site is reasonably safe from flooding and will not<br />

result in flood elevations increasing more than one foot.<br />

D. Review <strong>of</strong> all development permits to determine if the proposed development adversely affects the flood<br />

carrying capacity <strong>of</strong> areas where base flood elevations have been determined but a floodway has not been designated.<br />

For purposes <strong>of</strong> this Chapter, "adversely affects" means that the cumulative effect <strong>of</strong> the proposed development when<br />

combined with all other existing and anticipated development will not increase the water surface elevation <strong>of</strong> the base<br />

flood more than one foot at any point.<br />

E. When base flood elevation data in accordance with Section 22.24.060 is unavailable, the Chief <strong>of</strong> Building<br />

and Zoning shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a<br />

federal, state or other source, in order to administer Section 22.24.160 pertaining to specific standards for residential<br />

and nonresidential construction.<br />

F. Maintain for public inspection all records pertaining to the provisions <strong>of</strong> this Chapter, including:<br />

1. The certification required in Section 2.24.160.C.1 (floor elevations);<br />

2. The certification required in Section 22.24.160.C.2 (elevations in areas <strong>of</strong> shallow flooding);<br />

3. The certification required in Section 22.24.160.C.3 (elevation or floodpro<strong>of</strong>ing <strong>of</strong> nonresidential<br />

structures);<br />

4. The certification required in Section 22.24.160.C.3 (wet floodpro<strong>of</strong>ing standard);<br />

5. The certified elevation required in Section 22.24.160.E.2 (subdivision standards);<br />

6. The certification required in Section 22.24.180.A (floodway encroachments); and<br />

7. The information required in Section 22.24.170 (coastal construction standards).<br />

G. Notify adjacent communities, the <strong>Santa</strong> <strong>Barbara</strong> County Flood Control and Water Conservation District, and<br />

the California Department <strong>of</strong> Water Resources prior to any alteration or relocation <strong>of</strong> a watercourse, and submit<br />

evidence <strong>of</strong> such notification to the Federal Insurance Administration. Require that the flood carrying capacity <strong>of</strong> the<br />

altered or relocated portion <strong>of</strong> the watercourse is maintained.<br />

H. Make interpretations as to the exact location <strong>of</strong> the boundaries <strong>of</strong> the areas <strong>of</strong> special flood hazards, (for<br />

example, where there appears to be a conflict between a mapped boundary and actual field conditions). The persons<br />

contesting the location <strong>of</strong> the boundary shall be given a reasonable opportunity to appeal the interpretation as<br />

provided in Section 22.24.140.<br />

I. Take action to remedy violations <strong>of</strong> this Chapter as specified in Section 22.24.070. (Ord. 4539, 1988; Ord.<br />

4522, 1988; Ord. 3972, 1978.)<br />

22.24.140 Variance and Appeal Procedure.<br />

A. The Planning Commission <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong> shall hear and decide appeals and requests for<br />

variances from the requirements <strong>of</strong> this Chapter.<br />

B. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any<br />

requirement, decision, or determination made by the Chief <strong>of</strong> Building and Zoning in the enforcement or<br />

administration <strong>of</strong> this Chapter.<br />

C. The applicant or any interested person may appeal the decision <strong>of</strong> the Planning Commission to the <strong>City</strong><br />

Council in accordance with the procedures provided in Section 1.30.050 <strong>of</strong> this <strong>Code</strong>.<br />

D. In reviewing such application, the Planning Commission shall consider all technical evaluations, all relevant<br />

factors, standards specified in other sections <strong>of</strong> this Chapter, and each <strong>of</strong> the following:<br />

1. The danger that materials may be swept onto other lands to the injury <strong>of</strong> others.<br />

2. The danger to life and property due to flooding or erosion damage.<br />

3. The susceptibility <strong>of</strong> the proposed facility and its contents to flood damage and the effect <strong>of</strong> such damage<br />

on the individual owner.<br />

4. The importance <strong>of</strong> the services provided by the proposed facility to the community.<br />

5. The necessity to the facility <strong>of</strong> a waterfront location, where applicable.<br />

6. The availability <strong>of</strong> alternative locations for the proposed use which are not subject to flooding or erosion<br />

damage.<br />

7. The compatibility <strong>of</strong> the proposed use with existing and anticipated development.<br />

8. The relationship <strong>of</strong> the proposed use to the General Plan and Flood Plain Management Program for that<br />

area.<br />

9. The safety <strong>of</strong> access to the property in times <strong>of</strong> flood for ordinary and emergency vehicles.<br />

10. The expected heights, velocity, duration, rate <strong>of</strong> rise, and sediment transport <strong>of</strong> the flood waters and the<br />

effects <strong>of</strong> wave action, if applicable, expected at the site.<br />

11. The costs <strong>of</strong> providing governmental services during and after flood conditions, including maintenance<br />

and repair <strong>of</strong> public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.<br />

E. Variances may be issued for new construction and substantial improvements to be erected on a lot <strong>of</strong> onehalf<br />

acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood<br />

level, providing items identified in Paragraph D have been fully considered. As the lot size increases beyond the onehalf<br />

acre, the technical justification required for issuing the variance increases.<br />

400-7 rev. 12/31/99

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