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The use was approved by the San Joaquin County Planning Commission on November <br /> 21 2006 , ( Planning Application 06 - 00320 ) and implemented by building permit BP - <br /> 0700138 , finalized on July 20 , 2007 . <br /> Wet-floodproofing of this structure was authorized by the Floodplain Administrator <br /> based on an interpretation of Development Title section 9 - 1605 . 12 (d ) which states that , <br /> " In all new construction and substantial improvements to existing structures in areas of <br /> special flood hazard , enclosed areas below the lowest floor , which are used solely for <br /> parking of vehicles , building access or storage in an area other than a basement , and <br /> which are subject to flooding shall be designed to automatically equalize hydrostatic <br /> flood forces on exterior walls by allowing for the entry and exit of floodwaters . " <br /> However , based on FEMA policy , the structure is potentially in violation of the lowest <br /> floor elevation requirements in 9 - 1605 . 12 ( a ) or the dry -floodproofing requirements in 9 - <br /> 1605 . 12 ( c ) . The portion of the structure below the base flood elevation is used solely <br /> for parking , building access , and storage , however , according to FEMA , because there <br /> is no floor above the ground floor , the ground floor is considered the lowest floor , and <br /> the elevation or dry-floodproofing requirements of 9 - 1605 . 12 ( a ) or 9 - 1605 . 12 ( c ) , <br /> respectively , should have been required of the applicant . <br /> There is good and sufficient cause for the flood variance : <br /> While FEMA does not set forth absolute criteria for the granting of variances , NFIP <br /> policy , as described in Technical Bulletin 7 - 93 , Wet- Floodproofing Requirements for <br /> Structures Located in Special Flood Hazard Areas , indicates that wet-floodproofing of <br /> non - residential structures may be appropriate in some situations , provided a variance is <br /> issued . <br /> Failure to resolve this violation , as identified by FEMA , could lead to FEMA placing the <br /> County on probation in the NFIP which would add a $ 50 surcharge to every flood <br /> insurance policy premium in the County . The County could eventually be suspended <br /> from the NFIP ; flood insurance policies could not be written or renewed , any form of <br /> Federal financial assistance for building construction would be prohibited , and Federal <br /> disaster assistance would be severely restricted . <br /> Failure to grant the flood variance will result in exceptional hardship to the <br /> applicant : <br /> If this flood variance is not granted , the only alternative to resolve the violation , as <br /> identified by FEMA , would be physical modification of the structure , either by <br /> constructing a building pad to elevate the facility one foot above the base flood <br /> elevation , or by dry-floodproofing at the current elevation . <br /> Elevating the 72 , 000 square foot facility is highly impractical considering it involves <br /> complete disassembly of the structure and reconstruction on a building pad elevated <br /> one foot above the base flood elevation . The other alternative to consider is dry <br />