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HomeMy WebLinkAboutOrd 1032-1988ORDINANCE NO. 1032-88 AN ORDINANCE REPEALING CHAPTER 15.56 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING A NEW CHAPTER 15.56 ENTITLED "FLOOD DAMAGE PREVENTION" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.56 (Ordinance No. 872) of the South San Francisco Municipal Code is hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of that Chapter prior to the effective date of this ordinance. SECTION 2. A new Chapter 15.56 entitled "Flood Damage Prevention" is hereby added to the South San Francisco Municipal Code to read: CHAPTER 15.56 Sections: FLOOD DAMAGE PREVENTION 15.56.010 15.56.020 15.56.030 15.56.040 15.56.050 15.56.060 15.56.070 15.56.080 15.56.090 15.56.100 15.56.110 15.56.120 15.56.130 15.56.140 15.56.150 15.56.160 15.56.170 15.56.180 15.56.190 Statement of Purpose Lands to Which this Chapter Applies Compliance Methods of Reducing Flood Losses Interpretation Warning and Disclaimer of Liability Definitions Standards for Construction Standards for Storage of Materials and Equipment Standards for Utilities Standards for Subdivisions Standards for Manufactured Homes and Manufactured Home Parks and Subdivisions Floodways Coastal High Hazard Areas Administration Variance Procedure Conditions for Variances Appeals Penalties Section 15.56.010 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 condi- tions in specific areas by provisions designed: (a) To protect human life and health; (b) To minimize expenditures of public funds for costly flood control projects; lc) To minimize the need for rescue and relief efforts associated with flooding and generally under- taken at the expense of the general public; (d) To minimize prolonged business interrup- tions; (e) To minimize damage to public facilities and utilities such as water and gas mains, electric, tele- phone and sewer lines, streets and bridges located in areas of special flood hazard; (f) To help maintain a stable tax base by provid- ing for the second use and development of areas of special flood hazard so as to minimize flood blight areas; (g) To insure that potential buyers are notified that property is in an area of special flood hazard; and (h) To insure that those who occupy the area of special flood hazard assume responsibility for their actions. Section 15.56.020 Lands to Which this Chapter Applies This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of South San Francisco. Areas of special flood hazard are those identified by the Federal Emergency Management Agency in a scientific and engineerin§ report, entitled "The Flood Insurance Study for the City of South San Francisco," dated March 2, 1981, with an accompanying Flood Insurance Rate Map, which are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and Rate Map are on file in the office of the City Engineer, City Hall, 400 Grand Avenue, South San Franciso, California. Section 15.56.030 Compliance No new construction, or substantial improvement of.a structure or excavation and grading which would require a building or grading permit pursuant to the applicable provisions of the Uniform Building Code as adopted and modified in Chapter 15.08 of this code shall take place in an area of special flood hazard without full compliance with the terms of this chapter and other applicable flood control regulations. -2- Section 15.56.040 Methods of Reducing Flood Losses In order to accomplish its purposes, this chapter includes methods and pro- visions for: (a) Restricting or prohibiting uses which are dangerous to health, safety~ and property due to water or erosion hazards, or which result in damaging in- creases in erosion or flood heights or velocities. (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be pro- tected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; Id) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. Section 15.56.050 Interpretation {a) In the interpretation and application of this chapter, all provi- sions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the City; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (b) This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter of this code, easement, covenant or deed restriction conflict or overlap, the more stringent restrictions shall prevail. Section 15.56.060 Warning and Disclaimer of Liability The degree of flood protection required by this chapter is considered reason- able for regulatory purposes and is based on scientific and engineering considera- tions. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. -3- 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 Cityj any officerj employee or agent thereof, or the Federal Emergency Management Agency, for any flood damages that may result as a result of reliance on this chapter or any administrative decision lawfully made thereunder. Section 15.56.070 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. (a) "Appeal" means a request for a review of the city engineer's and/or chief building inspector's interpretation of any provision of this chapter or a request for a variance. (b) "Area of shallow flooding" means a designated AO, AH or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths of such an area 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. (c) "Area of special flood hazard" - See "Special flood hazard area". (d) "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. Also referred to as "lO0-year flood". (e) "Basement" means any area of the building having its floor sub- grade (below ground level) on all sides. {f) "Breakaway walls" means any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. -4- (g) "Coastal high hazard area" means the area subject to high velocity waters~ including coastal and tidal inundation or tsunamis. The area is desig' nated on a Flood Insurance Rate Map (FIRM) as Zone Vl-V30, VE or V. (h) "Development" means any man-made 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. (i) "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the over- flow of flood water, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. (j) "Flood Boundary and Floodway Map" 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. (k) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Mangement Agency or Federal Insurance Administration had delinated both the areas of special flood hazards and the risk premium zones applicable to the City. (1) "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. (m) "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "flooding". (n) "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. (o) "Floodplain management regulations" means zoning ordinances, sub- division regulations, building codes, health regulations, special purpose ordinances and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. (p) "Floodproofing" means any combination of structural and non- structural 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. -5- (q) "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 one foot. Also referred to as "regulatory floodway". Ir) "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building repair facilities, but does not include long-term storage or related manufacturing facilities. (s) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (t) "Lowest floor" means the lowest floor of the lowest enclosed area, including the basement of a building. 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 non-elevation design requirements of this chapter. lu) "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 (180) consecutive days. Iv) "Manufactured home park or subdivision" means a parcel, or contiguous parcels, of land divided into two or more manufactured home lots for sale or rent. (w) "Mean sea level" means 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. Ix) "New construction" means structures for which the "start of con- struction'' commenced on or after the effective date of this chapter. ly) "One hundred year flood" or "lO0-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which is the term used throughout this chapter. Iz) "Person" means an individual, firm, partnership, association or corporation, or agent of the aforementioned, the State of California or its agencies or politital subdivisions. (aa) "Remedy a violation" means to try to bring the structure or other development into compliance with state or local floodplain management regula- tions, 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 -6- affected development from flood damagesj 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. (bb) "Riverine" means relating to, formed byj or resembling a river (including tributaries), stream, brook, etc. (cc) "Sand dunes" means naturally occuring accumulations of sand in ridges or mounds landward of the beach. (dd) "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone Aj AO, A1-30, AE, A99, AH, VO, Vl-V30, VE or V. (ee) "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab work or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construc- tion 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 erec- tion 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. (ff) "Structure" means a walled and roofed building, a gas or liquid storage tank that is principally above ground, or a manufactured home. (gg) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) 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 ex- ternal dimensions of the structure. The term does not, however, include either: (3) 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 (4) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, or which has received designation as an historic resource by the City. -7- (hh) "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be pro- hibited by this chapter. (ii) "Violation" means the failure of a structure or other development tO be fully compliant with this chapter. A structure or other development with- out the elevation certificate, other certifications~ or other evidence of com- pliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Section 15.56.080 Standards for Construction In all areas of special flood hazards, the following construction standards are required to reduce flood hazards: (a) Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) All new construction and substantial improvements in Zones V, V1-30 and VE shall be elevated on pilings and columns so that (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level, and (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one (1%) percent chance of being equalled or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (i) and (ii) of this subsection; (3) All manufactured homes shall meet the anchoring standards of Section 15.56.120(a). (b) Construction Materials and Methods. (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Electrical, heating, ventila- tion, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; -8- (3) Within Zones AHj AO and VO, adequate drainage paths shall be maintained around all structures on slopes to guide flood waters around and away from proposed structures. (c) Elevation and Floodproofing. (1) New construction and substantial improvements of any structure shall have the lowest floor, including the basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 15.56.080(c)(2) & (c) (4). Upon completion of the structure, the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor and provided to the city engineer and/or chief building inspector; (2) New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet. If there is no depth number on the FIRM, the lowest floor, including the basement, shall be elevated at least two (2) feet above the highest adjacent grade. Nonresidential structures in Zone AO shall have the lowest floor elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth is specified. Upon completion of the structure, a registered professional engineer shall certify that the elevation of the structure meets this standard and shall provide such certifi- cation to the city engineer and/or chief building inspector; (3) For all new construction and sustantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydro- static flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (A) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1') foot above grade. Openings may be equipped with screens, louvers. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (B) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (4) Nonresidential construction shall either be elevated in conformance with Section 15.56.080(c)(1) or (c){2) or together with attendant utility and sanitary facilities: -9- IA) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; lB) Have structural components capable of resistin§ hydrostatic and hydrodynamic loads and effects of buoyancy; and (C) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the city engineer and/or chief building inspector. (5) All manufactured homes shall meet the standards in Section 15.56.120. Section 15.56.090 Standards For Storage of Materials and Equipment la) The storage or processing of materials which in time of flood- ing are buoyant, flammable, explosive, or possibly injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment may be allowed if not sub- ject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. Section 15.56.100 Standards for Utilities (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (b) On-site waste disposal systems shall be located to avoid impair- ment to them or contamination from them during flooding. Section 15.56.110 Standards for Subdivisions (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans shall provide the elevation of pro- posed structure and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the city engineer and/or chief building inspector. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facili- ties such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. -10- (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Section 15.56.120 Standards for Manufactured Homes and Manufactured Home Parks and Subdivisions (a) All manufactured homes and additions to manufactured homes shall be securely anchored to resist flotation, collapse, or lateral movement. (b) All manfactured homes and additions to manufactured homes shall be elevated on a permanent foundation so that the lowest floor is at or above the base flood elevation. (c) No manufactured home shall be placed in a coastal high hazard area, except in an existing manufactured home park or subdivision. Section 15.56.130 Floodways Encroachments, including fill, new construction, substantial improvements, and other developments are prohibited within the floodway unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. Section 15.56.140 Coastal High Hazard Areas FIRM. (a) All developments shall be above elevation 7.0 as shown on the (b) The elevation of the bottom of the lowest floor of all new or substantially improved structures shall be certified by a registered professional engineer or surveyor, and provided to the chief building inspector. (c) All new construction shall be located on the landward side of the reach of mean high tide. (d) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporary enclosed space shall not be used for human habitation. (e) Fill shall not be used for structural support of buildings. (f) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. Section 15.56.150 Administration The city engineer and chief building inspector shall administer and implement this chapter by granting or denying building and/or grading permit applications in accordance with the provisions of this chapter and other applicable state and local laws. -11- The duties of the city engineer and chief building inspector shall include~ but are not limited to, the following: (a) Review of Plans. Before a building or grading permit is issued for any new construc- tion, substantial improvement of a structure, or grading in a special flood hazard area, the city engineer and/or chief building inspector may require specific plans and specifications including, but not limited to, the following: (1) Plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; (2) Existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing; (3) Proposed elevation in relation to mean sea level, of the lowest floor, including the basement, of all structures. In Zone AO, elevation of existing grade and proposed elevation of the lowest floor of all structures; (4) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (5) Certification by registered professional engineer or architect that the floodproofing methods for any non- residential structure meet the floodproofing criteria in Section 15.56.080(c); and (6) Description of the extent to which any watercourse will be altered or relocated as a result of proposed develop- ment. (b) Permit Review. (1) Review all necessary permits to determine that the permit requirements of this chapter have been satisfied; (2) Review all necessary permits to insure all other required state and federal permits have been obtained; (3) Review all necessary permits to determine that the site is reasonably safe from flooding; (4) Review all necessary permits to determine if the proposed development adversely affects the flood carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development, when -12- combined with all other existing and anticipated development~ will not increase the water surface elevation of the base flood by more than one (1') foot at any point. (c) Information to be Obtained and Maintained. Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: (1) The floor elevation certification required in Section 15.56.080(c)(1); (2) The shallow flooding elevation certification required in Section 15.56.080(c)(2); (3) The wet floodproofing certification required in Section 15.56.080(c)(3); (4) The nonresidential floodproofing certification required in Section 15.56.080(c)(4)(C); (5) The elevation certification required in Section 15.56.110(b); (6) The floodway encroachment certification required in Section 15.56.130; and (7) The coastal construction certification required in Section 15.56.140. (d) Alteration and Watercourses. (1) Notify adjacent communities and the Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (2) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is main- tained. (e) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of 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 15.56.160. (f) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.56.020, the city engineer shall obtainj review and reasonably utilize any base flood elevation data available from any federal, state or other source, in order to administer this chapter. -13- (g) Hear and decide requests for variances as provided for in Section 15.56.160. Section 15.56.160 Variance Procedure (a) The city engineer and/or chief building inspector shall hear and decide requests for variances from the requirements of this chapter. (b) In passing upon such requests, the city engineer and/or chief building inspector shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and (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 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 to the flood waters and the effects of wave action, if applicable, 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. -14- (c) Generally, variances may be issued for new construction and sub- stantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures below the base flood level, providing items (1) through Ill) in Section 15.56.160(b) have been fully considered. The technical justification required for issuing the variance increases as the lot size increases beyond one-half acre. (d) Upon consideration of the factors listed in Section 15.56.160(b) and the purposes of this chapter, the city engineer and/or chief building inspector may attach such conditions to the granting of variances as they deem necessary to further the purposes of this chapter. (e) The city engineer or chief building inspector shall report any variances to the Federal Emergency Management Agency upon request. Section 15.56.170 Conditions for Variances (a) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any other provision of this code. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, or designated an historic resource by the City, without regard to the procedures set forth in the remainder of this section. (e) Any applicant to whom a variance is granted shall be given a written notice that if the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. -15- Section 15.56.180 Appeals 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 city engineer or chief building inspector in the enforcement or administration of this chapter. Such an appeal shall be deemed timely filed if the same is filed with the city clerk not later than the tenth (lOth) consecutive day from the requirement, decision or determination which is the subject of the appeal. The determination of the city council shall be final and conclusive. Section 15.56.190 Penalties (a) Any person violating any provision of this chapter shall be deemed guilty of an infraction and upon conviction of any such violation, shall be punished as provided in Government Code Section 36900. (b) Each such person shall be deemed 9uilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. SECTION 3. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 4. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five 15) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall ~1) publish the Summary and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and 12) post in the City Clerk's office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise. This ordinance shall become effective thirty (30) days from and after its adoption. -16- Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 9th day of March j 1988 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 23rd day of AYES: NOES: ABSTAIN: ABSENT: March , 1988 , by the following vote: Councilmembers Mark N. Addieqo, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago Nnnp None Councilmember Richard A. Haffev As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 23rd day of March , 19 88 . -17-