Prior to approving an application for a Flood Variance, the Planning Commission shall find that all of the following are true:

1. There is good and sufficient cause for the Flood Variance.
   
2. Failure to grant the Flood Variance would result in exceptional hardship to the applicant.
   
3. The Flood Variance will not result in increased flood heights, create additional threats to public safety, produce extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
   
4. The Flood Variance is the minimum necessary, considering the flood hazard, to afford relief.
   
5. Granting of the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the County's flood regulations.

You must apply online through San Joaquin County’s Online Permitting System. First time users will need a valid email address to set up an account. It takes about 5 minutes to create a new account.

Step 1: INITIAL CONSULTATION

Applicants are encouraged to consult with Community Development Department staff prior to submittal of an application. 

Step 2: SUBMIT APPLICATION

1. Indemnity Form with signatures from all property owners
2. Site Plan (Note: Site Plans for projects that result in new development must be stamped and signed by a California licensed/registered Architect or Engineer [Business and Professionals Code Section 5537])
3. The Recorded Deed/Legal Description of the Property

Step 3: APPLICATION ACCEPTED

Planning staff will review your application for acceptance. Once accepted, you will be sent information regarding payment of the appropriate fee through the Online Permitting System and via email. The current fee schedule is linked in the column to the right. 

Step 4: FEE PAYMENT

The following forms of payment are accepted:

1. Credit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies. 
2. Debit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies.
3. Check: Payable in person at the Planning Counter. Checks must be made payable to "San Joaquin County Treasurer."
4. Cash: Payable in person at the Planning Counter.

• General Requirements: Flood Variances 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, providing that the procedures of Chapter 9-301, Flood Hazard Overlay Zone, have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Flood Variance increases.
  
• Historic Structures: Flood Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the Flood Variance is the minimum necessary to preserve the historic character and design of the structure.
  
• Prohibitions: Flood Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
  
• Required Determination: Flood Variances shall only be issued upon a determination that the Flood Variance 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 ordinance. For example, in the case of Flood Variances to an elevation requirement, this means the Community Development Department and the Department of Public Works need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Community Development Department and the Department of Public Works believe will both provide relief and preserve the integrity of this Title.
  
• Required Notice: Any applicant to whom a Flood Variance is granted shall be given written notice over the signature of the Zoning Administrator that:
  
  1. The issuance of a Flood Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage.
     
  2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Joaquin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
     
• Recordkeeping: The Floodplain Administrator will maintain a record of all Flood Variance actions, including justification for their issuance, and report such Flood Variances issued in its biennial report submitted to the Federal Emergency Management Agency.