Article II — Additional Provisions

15.104.070 Compliance with CFMP; additional measures. A. New construction in any special flood hazard area shall comply with all applicable provisions of the CFMP prior to the issuance of any building permit. The requirements of the CFMP and this section are in addition to all other applicable laws or regulations. B. Rescue and Evacuation Areas. This section requires additional safety measures for new construction of the following types of facilities or developments in rescue areas and evacuation areas: 1. Special needs facilities. 2. New public facilities and new commercial buildings (excluding industrial occupancies) with an enclosed building area greater than 40,000 square feet. 3. New residential subdivisions occupying an area greater than two acres. C. Refuge Locations in Rescue Areas. New construction listed in subsection B, above, in rescue areas shall have a refuge location approved by the building official that is: 1. A public refuge area (such as a levee or overpass) not less than one foot above the rescue flood elevation and within one mile of the location where occupants of the new construction are expected to congregate pending evacuation; or 2. An on-site building space not less than one foot above the rescue flood elevation from which occupants may be evacuated during conditions of flooding, such as a room that has an exit door or operable window; a deck, balcony, porch, rooftop platform, or rooftop area; or combinations thereof. D. New construction in rescue areas that includes on-site refuge location(s) as described in subsection C.2, above, must comply with the following criteria: 1. Structure Stability. a. Portions of buildings and structures supporting refuge locations shall be designed, constructed, connected, and anchored to resist flotation, collapse, and permanent lateral movement resulting from the hydrostatic loads anticipated during conditions of flooding anticipated for the rescue flood elevation. Hydrostatic loads, based on the depth of water determined by the rescue flood elevation, may be determined in accordance with the most current edition of Chapter 5 (Flood Loads) of ASCE/SEI 7 (Minimum Design Loads for Buildings and Other Structures).

b. Reduction of hydrostatic loads may be accomplished by features that allow for the automatic entry and exit of floodwaters to minimize unbalanced loads. The features must be designed by a registered design professional and may include, but are not limited to, openings, valves, and panels designed to yield under load.

Exception: The use of a registered design professional is not required for flood vents installed in compliance with section 15.104.050.A.3.e.ii.

2. Refuge Locations.

a. An evacuation route shall be provided through any number of intervening rooms or spaces. All doors along the route shall be equipped to open without the use of a key, combination, tool, or special knowledge or effort.

Exception: Doors in individual dwelling or sleeping units having an occupant load of ten or less are permitted to be equipped with a night latch, dead bolt, or security chain, provided such devices can be opened from the inside without the use of a key or tool.

• b. Refuge locations shall provide a minimum gross floor area of seven square feet per occupant, based on the occupant load of the portions of the building that are below the rescue flood elevation. The area provided shall be adequate to accommodate the occupant load of the upper levels as well as the anticipated occupant load from the area below the rescue flood elevation. 3. Refuge location that is space within the building.

• a. If the refuge location is a space within a building, the refuge location shall be provided with a means for occupants to be evacuated out of the building.

• b. A minimum of one window or door shall be provided that meets the egress requirements of the California Residential Building Code.

4. Refuge location that is a deck or balcony.

• a. Decks and balconies that have finish floors not less than one foot above the rescue flood elevation may be used as refuge locations. When a deck or balcony used as a refuge location is not at the same level as a floor within the building, access to the deck or balcony shall be provided by a stairway, ramp, alternating tread device, fixed ladder, or other means approved by the building official.

• b. Decks and balconies that are refuge locations shall be designed for the live load required for the occupancy.

5. Rooftop refuge location.

• a. Rooftop platforms and rooftop areas that are not less than one foot above the rescue flood elevation may be used as refuge locations. A minimum horizontal distance of three feet shall be provided between the lower edge of the rooftop refuge location access point and the refuge location lower perimeter. A rooftop platform shall be provided if the roof covering materials are:

• i. Clay tile, concrete tile, slate shingles, wood shingles, or wood shakes, and the roof slope is three units vertical in 12 units horizontal (25 % slope) or greater.

• ii. Metal roof panels or metal roof shingles, and the roof slope is one unit vertical in 12 units horizontal (8.33 % slope) or greater.

• b. Roof areas and roofs that support rooftop platforms that are refuge locations shall be designed for the roof live load required for the occupancy.

• c. Evacuation routes to rooftop refuge locations shall be provided by a stairway, ramp, alternating tread device, fixed ladder, or other means approved by the building official.

• d. The perimeter of rooftop refuge locations shall be protected by:

i. Guards as required by the California Building Code if a rooftop platform is provided; or ii. A railing that is at least 12 inches in height if a sloped roof is provided. e. A separation of at least 48 inches shall be provided between a rooftop refuge location and any mechanical equipment, photovoltaic system, utility service drop, or other utility line. Electrical service lines shall not pass over refuge locations. 6. Attic refuge location. a. Attics that have finish floors not less than one foot above the rescue flood elevation may be used as refuge locations.

• b. When an attic is used as a refuge location, the minimum headroom of the required area shall be 30 inches with 50 % of the required area having a headroom of 60 inches. c. The required area of the refuge location shall be solidly sheathed.

d. Attic areas that are used as refuge locations shall be designed for the floor live load required for the occupancy. e. Evacuation routes to attic refuge locations shall be provided by a stairway, ramp, alternating tread device, fixed ladder, or other means approved by the building official. E. Special Needs Facilities in Rescue Areas. Electrical equipment, heating and ventilating equipment, air conditioning, emergency generators, and phone banks for these facilities must be either located one foot above the rescue flood elevation or constructed in a manner satisfactory to the city's chief building official such that water cannot enter or accumulate in any of the system components. F. Requirements for Rescue Areas and Evacuation Areas. The following additional safety measures are required for new construction in locations that are both rescue areas and evacuation areas: 1. New subdivisions shall have two or more vehicular ingress and egress points designed to facilitate evacuation and other emergency services where geographically feasible. Knox boxes shall be provided in gated communities to facilitate emergency vehicle access. 2. Approved lever handle gas valves shall be used for all residential and nonresidential gas appliances as required under this title.

3. Above ground fuel tanks shall be securely anchored to a foundation to prevent movement or flotation during a flood as required under this title. 4. Special needs facilities must have a flood warning and response plan approved by the local administrator prior to occupancy of the structure. G. Requests for alternative compliance methods with, or variances from, any portion of this section shall be subject to review and approval by the local administrator. Such requests shall be in writing and shall include such documentation as may be required by the local administrator. (Ord. 2017-0038 § 5; Ord. 2011-046 § 2)

A. Except as provided otherwise in this chapter, any person aggrieved by a decision of the local administrator under this chapter may appeal the local administrator's decision by filing a notice of appeal with the city's building official within ten (10) calendar days after the date of the local administrator's decision. Any such appeal shall be filed with, and heard by, the city's building and fire code advisory and appeals board, in accordance with the provisions and requirements of Sections 2.48.120 and 2.48.130 of this code.

B. Any person aggrieved by the building and fire code advisory and appeals board's decision on an appeal may appeal the decision to the city council in accordance with the provisions and requirements of Section 2.48.140 of this code. C. A copy of all findings and decisions on appeals shall be sent to the local administrator for the annual report to the Federal Insurance Administrator. (Ord. 2011-046 § 2; prior code § 9.26.1007)

Any person requesting or requiring action by the local administrator pursuant to this chapter, including, but not limited to, flood hazard evaluation or any other duties performed under Section 15.104.040 of this chapter, inspections, and requests for variance, shall pay such fees as may be established to recover costs incurred by the local administrator in the amounts set by resolution of the city council. (Ord. 2011-046 § 2; prior code § 9.26.1008)

Nothing contained in this chapter or in Chapter 15.108 of this code shall preclude the city council or the planning and design commission from imposing on a project-by-project basis such additional flood-related restrictions on new construction or substantial improvements in a special flood hazard area as the council or commission may deem appropriate based on best available information relating to flood protection. (Ord. 2011-046 § 2)