Chapter 15.75 FLOODPLAIN MANAGEMENT

Cross references: Buildings and building regulations, Title 15; health and sanitation, Title 8; manufactured homes, mobile homes, and trailers, Ch. 15.105; streets, sidewalks, and other public places, Title 12; subdivisions, Title 17; utilities, Title 13; zoning, Title 18.

Article I. Statutory Authorization, Finding of Fact, Purpose and Methods

15.75.010 Statutory authorization.

The Legislature of the State of California has in Government Code § 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council does hereby adopt the following floodplain management regulations.

(Code 2002, § 34-31. Ord. No. 10-1)

15.75.020 Findings of fact.

(a) The flood hazard areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(b) These flood losses could result from uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.

(Code 2002, § 34-32. Ord. No. 10-1)

15.75.030 Statement of purpose and intent.

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 conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone areas. These regulations are designed to:

(a) Protect human life and health;

(b) Minimize expenditure of public money for costly flood control projects;

(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d) Minimize prolonged business interruptions;

(e) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(g) Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Code 2002, § 34-33. Ord. No. 10-1)

15.75.040 Methods of reducing flood losses.

In order to accomplish its purposes, this ordinance includes regulations to:

(a) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

(b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(d) Control filling, grading, dredging, and other development which may increase flood damage; and

(e) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Code 2002, § 34-34. Ord. No. 10-1)

Article II. General Provisions

15.75.050 Definitions.

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

“A zone” – See “Special flood hazard area”.

“Accessory structure” means a structure that is either:

(1) Solely for the parking of no more than 2 cars; or

(2) A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value (labor and materials) at the time of adoption of the flood management ordinance. This amount shall be adjusted annually to account for inflation. This adjustment shall be based upon the most current Engineering News Record Construction Cost Index and other factors as determined by the Floodplain Administrator.

“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance.

“Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths 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. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard” – See “Special flood hazard area.”

“Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100 year flood”). Base flood is the term used throughout this ordinance.

“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.

“Basement” means any area of the building having its floor subgrade – i.e., below ground level – On all sides.

“Building” – See “Structure”.

“Crawl space” – See subsection 15.75.170(c)(7).

“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 or storage of equipment or materials.

“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 5, 1984.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“FEMA” means the Federal Emergency Management Agency.

“Flood, flooding, or flood water” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.

“Flood Hazard Boundary Map (FHBM)” means initial flood hazard identification generally used for Emergency Program communities based on approximate data and identifies, in general, the SFHAs within a community.

“Flood Boundary and Floodway Map (FBFM)” means the official map on which FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

“Flood Insurance Rate Map (FIRM)” means the official map on which FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

“Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

“Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source – See “Flooding.”

“Floodplain Administrator” is the city official designated by title to administer and enforce the floodplain management regulations.

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

“Floodplain management regulations” means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

“Floodproofing” means any combination of structural and nonstructural 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. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-08, TB 3-93, and TB 7-93.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that shall 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.”

“Floodway fringe” is that area of the floodplain on either side of the “Regulatory Floodway” where encroachment may be permitted.

“Fraud and victimization” as related to Article VIII of this chapter, means that the variance granted shall not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

“Governing body” is the local governing unit, i.e. county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

“Hardship” as related to Article VIII of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

“July 5, 1984” – The date of the initial Flood Insurance Rate Map (FIRM) and the city’s entry into the National Flood Insurance Program (NFIP).

“Levee” means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition). An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to applicable non-elevation design requirements, including, but not limited to:

(1) The flood openings standard in subsection 15.75.170(c)(4);

(2) The anchoring standards in subsection 15.75.170(a);

(3) The construction materials and methods standards in subsection 15.75.170(b); and

(4) The standards for utilities in section 15.75.180.

“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 attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Market value” is determined using the city’s most recently issued “Existing Residential Structures in Special Flood Hazard Areas Value Determination Fact Sheet” form and applicable “Structure Value Determination Work Sheet” as amended from time to time. The referenced forms determine the market value by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.

(1) The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.

(2) The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

“New construction”, for floodplain management purposes, means structures for which the “start of construction” commenced on or after July 5, 1984, and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 5, 1984.

“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

“One hundred year flood” or “100 year flood” – See “Base flood.”

“Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

“Public safety and nuisance” as related to Article VIII of this chapter, means that the granting of a variance shall not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Remedy a violation” means to bring the structure or other development into compliance with applicable Federal or State floodplain management regulations or this ordinance, 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 affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing local, State or Federal financial exposure with regard to the structure or other development.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

“Sheet flow area” – See “Area of shallow flooding.”

“Special flood hazard area (SFHA)” means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1 A30, AE, A99, or, AH.

“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction 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 erection 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

“Substantial damage” means:

(1) Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred; or

(2) Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. This is also known as “repetitive loss.”

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Variance” means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

“Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Code 2002, § 34-51. Ord. No. 10-1)

15.75.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

(Code 2002, § 34-52. Ord. No. 10-1)

15.75.070 Basis for establishing the areas of special flood hazard.

Purpose and intent. The Federal National Flood Insurance Act of 1968 allows persons in floodplain areas of a community to purchase flood insurance at reduced rates. In order for such rates to be available within a community, the community shall make provision for regulating development and land uses in accordance with applicable federal requirements. The purpose and intent of this chapter is to identify special hazard areas in the city which are prone to flooding and to impose requirements on development and uses within such areas in accordance with applicable federal requirements.

The areas of special flood hazard identified by FEMA in the “Flood Insurance Study (FIS) for City of Concord” dated June 16, 2009, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s), dated June 16, 2009, and all subsequent amendments and/or revisions, including Letters of Map Amendments (LOMA’s) and Letters of Map Revisions (LOMR’s) are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRM’s, FBFM’s, LOMA’s and LOMR’s are on file in the office of the City Clerk.

(Code 2002, § 34-53. Ord. No. 10-1)

15.75.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.

(Code 2002, § 34-54. Ord. No. 10-1)

15.75.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Code 2002, § 34-55. Ord. No. 10-1)

15.75.100 Interpretation.

In the interpretation and application of this ordinance, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the city; and

(Code 2002, § 34-56. Ord. No. 10-1)

15.75.110 Warning and disclaimer of liability.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This ordinance 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 ordinance shall not create liability on the part of the city, any officer or employee thereof, the State of California, or FEMA, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(Code 2002, § 34-57. Ord. No. 10-1)

15.75.120 Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Code 2002, § 34-58. Ord. No. 10-1)

Article III. Administration

15.75.130 Designation of the Floodplain Administrator.

The City Engineer is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions.

(Code 2002, § 34-71. Ord. No. 10-1)

15.75.140 Duties and responsibilities of the Floodplain Administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(a) Permit Review. Review all development permits to determine whether:

(1) Permit requirements of this ordinance have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

(2) All other required state and federal permits have been obtained;

(3) The site is reasonably safe from flooding;

(4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the city;

(5) All Letters of Map Revision (LOMR’s) for flood control projects are approved prior to the issuance of building permits. Building Permits shall not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition; and

(6) The proposed development complies with Title 16 of this code, Stormwater Management, regarding the threshold for which the flood discharge exiting the development after construction is equal to, or less than, the flood discharge at the location prior to development, based upon the requirements set forth in the city’s NPDES permit.

(b) Development of Substantial Improvement and Substantial Damage Procedures.

(1) Use FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “Market Value.”

(2) Assure procedures are coordinated with other departments/divisions and implemented by community staff.

(1) Use of elevation data. When base flood elevation data is not provided in the flood insurance study or the FIRM, the city shall obtain, review, and reasonably utilize the best flood base data available from a Federal or State Agency or any other source, or private engineering reports, in order to administer the terms of this chapter and to provide estimated base flood elevations.

(d) Notification of other agencies.

(1) Alteration or relocation of a watercourse.

a. Notify adjacent communities and any other applicable local, State and Federal Agencies and the California Department of Water Resources prior to alteration or relocation;

b. Submit evidence of such notification to FEMA; and

c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

(2) Base Flood Elevation changes due to physical alterations.

a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building Permits shall not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

(3) Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

(e) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(1) Certification required by subsection 15.75.170(c)(1) and section 15.75.200 (lowest floor elevations);

(2) Certification required by subsection 15.75.170(c)(2) (elevation or floodproofing of nonresidential structures);

(3) Certification required by subsection 15.75.170(c)(3) (wet floodproofing standard);

(4) Certification of elevation required by subsection 15.75.190(a)(3) (subdivisions and other proposed development standards);

(5) Certification required by subsection 15.75.210(b) (floodway encroachments); and

(6) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to FEMA.

(f) Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 15.75.160.

(g) Remedial Action. Take action to remedy violations of this chapter as specified in section 15.75.080.

(h) Biennial Report. Complete and submit Biennial Report to FEMA.

(i) Planning. Assure community’s General Plan is consistent with floodplain management objectives herein.

(j) Non-conversion of Enclosed Area Below the Lowest Floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the Floodplain Administrator shall:

(1) Determine which applicants for new construction and/or substantial improvements have fully enclosed areas 5 feet or more below the lowest floor;

(2) Enter into a “Declaration of Land Restriction” or equivalent with the city. The agreement shall be signed by the applicant at the issuance of the Building Permit. The agreement shall be recorded with the Contra Costa County Recorder as a deed restriction prior to the project receiving its final inspection. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator; and

(3) Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours.

(Code 2002, § 34-72. Ord. No. 10-1)

15.75.150 Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in section 15.75.070. Application for a development permit shall be made on forms furnished by the city. The applicant shall provide the following minimum information:

(a) Plans in duplicate, drawn to scale, showing:

(1) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

(2) Proposed locations of water supply, sanitary sewer, and other utilities;

(3) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

(4) Location of the regulatory floodway when applicable;

(5) Base flood elevation information as specified in section 15.75.070 or subsection 15.75.140(c);

(6) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in flood hazard zone AO, elevation of existing grade and proposed elevation of lowest floor of all structures; and

(7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection 15.75.170(c)(2) of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.

(b) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in subsection 15.75.170(c)(2).

(c) For a crawl-space foundation, location and total net area of foundation openings as required in subsection 15.75.170(c)(4) of this ordinance and detailed in FEMA Technical Bulletins TB 1-08 and TB 7-93.

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(e) All appropriate certifications listed in subsection 15.75.140(e) of this ordinance.

(f) Such other information as the city may require.

(Code 2002, § 34-73. Ord. No. 10-1)

15.75.160 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 Floodplain Administrator in the enforcement or administration of this ordinance. Appeals shall be filed in accordance with Section 2.05.040.

(Code 2002, § 34-74. Ord. No. 10-1)

Article IV. Provisions for Flood Hazard Reduction

15.75.170 Standards of construction.

In all areas of special flood hazards the following standards are required:

(a) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b) Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

(1) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

(2) Using methods and practices that minimize flood damage;

(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities elevated to, or above, the BFE or depth number specified on the FIRM; and

(4) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(1) Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

a. In AE, AH, A1-30 Zones, elevated to 1 foot or more above the base flood elevation.

b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding 1 foot above the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified.

c. In an A zone, without BFE’s specified on the FIRM [unnumbered A zone], where the BFE’s have been determined pursuant to subsection 15.75.140(c), elevated as required in subsection 15.75.170(c)(1)a.

d. In an A zone, without BFE’s specified on the FIRM [unnumbered A zone], where the BFE’s have not otherwise been determined, the following requirements shall apply:

1. Single parcels – Elevate the lowest floor of any residential structure to no less than two feet above natural grade when base flood elevation is not established.

2. Multiple parcels (five or more) – All proposals shall establish the 100-year base flood elevation before the first consideration of any plan or permit for construction or development of the parcels. The city may require standards for subdivisions in excess of those identified elsewhere in this chapter.

Upon the completion of the forms for the structure’s foundation, and prior to pouring the foundation, the elevation of the lowest flood, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the building division to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the building division to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

(2) Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection 15.75.170(c)(1) or:

a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection 15.75.170(c)(1), so that the structure is watertight with walls substantially impermeable to the passage of water;

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c. Be certified by a registered civil engineer or architect that the standards of subsections 15.75.170(c)(2)a and 15.75.170(c)(2)b are satisfied. Such certification shall be provided to the Floodplain Administrator.

(3) Floodproofing. Nonresidential construction shall either be elevated in conformance with subsections 15.75.170(c)(1) or 15.75.170(c)(2) or, together with attendant utility and sanitary facilities, be floodproofed to the base flood elevation. Examples of floodproofing include, but are not limited to:

a. Installation of watertight doors, bulkheads, and shutters;

b. Reinforcement of walls to resist water pressure;

c. Use of paints, membranes, or mortars to reduce seepage through walls;

d. Addition of mass or weight to structure to resist flotation;

e. Armor protection of all fill materials from scour and/or erosion;

f. Certification provided to the city by a registered professional engineer or architect that the standards of this subsection are satisfied.

g. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or shall meet or exceed the following minimum criteria: 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 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.

(4) Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall meet the following minimum criteria:

a. For non-engineered openings:

1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade;

3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

4. Buildings with more than one enclosed area shall have openings on exterior walls for each area to allow flood water to directly enter; or

b. Be certified by a registered civil engineer or architect.

(5) Manufactured homes. See section 15.75.200.

(6) Garages and low cost accessory structures.

a. Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, shall be designed to allow for the automatic entry of flood waters. See subsection 15.75.170(c)(4). Areas of the garage below the BFE shall be constructed with flood resistant materials. See subsection 15.75.170(b).

2. A garage attached to a nonresidential structure shall meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB 5.25.030.

b. Detached garages and accessory structures.

1. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Article II of this chapter, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

i. Use of the accessory structure shall be limited to parking or limited storage;

ii. The portions of the accessory structure located below the BFE shall be built using flood-resistant materials;

iii. The accessory structure shall be adequately anchored to prevent flotation, collapse and lateral movement;

iv. Any mechanical and utility equipment in the accessory structure shall be elevated or floodproofed to or above the BFE;

v. The accessory structure shall comply with floodplain encroachment provisions in section 15.75.210; and

vi. The accessory structure shall be designed to allow for the automatic entry of flood waters in accordance with subsection 15.75.170(c)(4).

2. Detached garages and accessory structures not meeting the above standards shall be constructed in accordance with all applicable standards in section 15.75.170.

(7) Crawl Space Construction. This subsection applies to buildings with crawl spaces up to 2 feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.

a. The building shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered civil engineer;

b. The crawl space is an enclosed area below the BFE and, as such, shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin TB 1-08;

c. Portions of the building below the BFE shall be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and

d. Any building utility systems within the crawl space shall be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.

e. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

1. The interior grade of a crawl space below the BFE shall not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin TB 11-01;

2. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall shall not exceed 4 feet (shown as L in figure 3 of Technical Bulletin TB 11-01) at any point;

3. There shall be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and

4. The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types shall be used.

(8) Standards for storage of materials and equipment.

a. The storage or processing of materials that are in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject 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.

(Code 2002, § 34-91. Ord. No. 10-1)

15.75.180 Standards for utilities.

(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1) Infiltration of flood waters into the systems; and

(2) Discharge from the systems into flood waters.

(b) On site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Code 2002, § 34-92. Ord. No. 10-1)

15.75.190 Standards for subdivisions and other proposed development.

(a) All subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, shall:

(1) Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).

(2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

(3) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:

a. Lowest floor elevation.

b. Pad elevation.

c. Lowest adjacent grade.

(b) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

(c) All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(d) All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

(Code 2002, § 34-93. Ord. No. 10-1)

15.75.200 Standards for manufactured homes.

All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision shall:

(a) Within Zones A, AO, A1 30, AH, and AE on the community’s Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to 1 foot or more above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement in accordance with one of the following methods:

(1) By providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and uplift forces of nine pounds per square foot; or

(2) By the anchoring of the unit’s system designed to be in compliance to the Department of Housing and Urban Development Mobile Home Construction and Safety Standards; or

(3) By bolting the frame or undercarriage to a reinforced, permanent foundation such as a retaining wall or storm wall used to set the unit.

As set forth in section 15.75.160, certification meeting the standards above is required of the installer or state agency responsible for regulating the placement, installation, and anchoring of individual manufactured home units.

(b) Provide adequate surface drainage and access for a hauler;

(c) Place all manufactured homes on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the manufactured home is elevated to 1 foot or more above the base flood elevation. If elevated on pilings:

(1) The lots shall be large enough to permit steps;

(2) The pilings shall be placed in stable soil no more than ten feet apart; and

(3) Reinforcement shall be provided for pilings more than six feet above ground level.

(d) No new manufactured home shall be placed or substantially improved in a floodway.

(e) Certification of compliance is required of the developer responsible for the plan or state agency responsible for regulating manufactured home placement.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

(Code 2002, § 34-94. Ord. No. 10-1)

15.75.210 Floodways.

Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(a) Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the city; or establish a setback from the stream bank equal to five times the width of the stream at the top of the bank or 20 feet on each side from the top of the bank, whichever is greater.

(b) Within an adopted regulatory floodway, the city shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(c) If subsections 15.75.210(a) and 15.75.210(b) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this Article IV.

(Code 2002, § 34-95. Ord. No. 10-1)

Article V. Pine and Galindo Creek Floodway Regulations

15.75.220 Definitions.

The definitions set forth in the Colby-Alquist Flood Plain Management Act, Water Code §§ 8400--8415, are incorporated in this section as if specifically set forth herein.

(Code 2002, § 34-121. Ord. No. 10-1)

15.75.230 Designation of floodway.

The definitions set forth in the Colby-Alquist Flood Plain Management Act, Water Code §§ 8400--8415, are incorporated in this section as if specifically set forth herein.

(Code 2002, § 34-122. Ord. No. 10-1)

15.75.240 Structures subject to regulation.

(a) The provisions of this section shall not apply to any structure which is located within the designated floodway on the effective date of Ordinance No. 1181, September 8, 1980. However, an existing structure shall be deemed to be a nonconforming structure and shall conform to the provisions of this section if the structure is not used for a continuous six-month period or the structure is damaged or destroyed to the extent of more than 50 percent of its reasonable value.

(b) The construction of structures in the designated floodway which may endanger life or significantly restrict the carrying capacity of the designated floodway shall be prohibited.

(c) No structures shall be constructed within the areas of any temporary construction right-of-way established within the designated floodway. However, upon the completion of acceptance of floodway improvements, structures may be allowed in the area of the temporary construction right-of-way, provided there is no conflict with the provisions of this section and the Colby-Alquist Flood Plain Management Act.

(d) As used herein, “structures” does not include public utility electric, gas, or communication lines which may be located within the designated floodway.

(Code 2002, § 34-123. Ord. No. 10-1)

Article VI. Violations; Penalties.

15.75.250 Unlawful to violate chapter.

(a) It shall be unlawful for any person, firm, or corporation to construct, locate, extend, convert, or alter any structure or land without full compliance with the terms of this chapter and all other applicable regulations.

(b) Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction of any such violation, shall be punishable in accordance with section 1.05.220 of the Concord Municipal Code.

(Code 2002, § 34-141. Ord. No. 10-1)

Article VII. Variance Procedure

15.75.260 Nature of variances.

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics shall be unique to the property and not be shared by adjacent parcels. The unique characteristic shall pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that shall be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Code 2002, § 34-151. Ord. No. 10-1)

15.75.270 Conditions for variances.

(a) Generally, 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 Articles IV and V of this chapter have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.

(b) Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in section 15.75.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(c) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(d) Variances shall only be issued upon a determination that the 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 variances to an elevation requirement, this means the Floodplain Administrator 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 city believes will both provide relief and preserve the integrity of the local ordinance.

(e) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1) The issuance of a 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 for $100 of insurance coverage, and

(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 Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(f) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to FEMA.

(Code 2002, § 34-152. Ord. No. 10-1)

15.75.280 Denial of variance; appeal to City Council.

Denials of variances may be appealed to the City Council pursuant to section 2.05.050.

(a) In hearing appeals for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the:

(1) Danger that materials may be swept onto other lands to the injury of others;

(2) Danger of life and property due to flooding or erosion damage;

(3) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

(4) Importance of the services provided by the proposed facility to the community;

(5) Necessity to the facility of a waterfront location, where applicable;

(6) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7) Compatibility of the proposed use with existing and anticipated development;

(8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9) Safety of access to the property in time of flood for ordinary and emergency vehicles;

(10) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(11) 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.

(b) Variances shall only be issued upon a:

(1) Showing of good and sufficient cause;

(2) Determination that failure to grant the variance would result in exceptional “hardship” (section 15.75.050) to the applicant; and

(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see “Public safety and nuisance” section 15.75.050), cause “fraud and victimization” (section 15.75.050) of the public, or conflict with existing local laws or ordinances.

(c) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 15.75.280(a) through 15.75.280(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(d) Upon consideration of the factors of subsection 15.75.270(a) and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(Code 2002, § 34-153. Ord. No. 10-1)

Article VIII. Other Measures

15.75.290 Hazard mitigation plan and evacuation plan.

The city shall consider the following when reviewing floodplain development applications:

(a) Hazard mitigation plan. The city shall weigh all requests for future floodplain development against the city’s General Plan. Consideration of the following elements is required before approval:

(1) Determination of whether or not a proposed development is in, or affects, a known floodplain;

(2) Determine if there is a practicable alternative or site for the proposed activity;

(3) Identify impact of the activity on the floodplain;

(4) Provide a plan to mitigate the impact of the activity.

(b) Evacuation plan. There is on file, with the city’s Director of Emergency Services, an evacuation plan, alternate vehicular access and escape route for the benefit of the residents of manufactured home parks and manufactured home subdivisions which are located within zone A of the map identified in section 15.75.070 above.

(Code 2002, § 34-171. Ord. No. 10-1)