HomeMy WebLinkAbout18-Planning and Building
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ORDINANCE NO.
D ORDI:1lDC!: OP THE CI:TY OP SD BERNARDDJO AMEHDI:NG CHAPTER
11.16, SECTI:ON 11.16.030(2) OP THE SD BERNARDI:NO KUNI:CIPAL CODE
(DEVELOPMENT CODE) PBRTAI:NI:NG TO PLOOD CONTROL MEASURES, POR THE
BNTI:RE CI:TY OP SAN BERNARDI:NO.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SBCTI:ON 1.
Chapter 19.16, Section 19.16.030(2) of the
DevelQpment Code is hereby amended to read as follows (see
Attachment A, Development Code Page 11-187, attached and
incorporated herein by reference):
19.16.030 GENERAL PROVISIONS
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The most recent edition of the Federal Emergency
Management Agency or the Federal Insurance Administration
scientific and engineering report entitled "Flood
Insurance Study ci ty San Bernardino" ,
with an
accompanying Flood Insurance Rate Map is incorporated by
reference into this chapter. The report identifies areas
of special flood hazard, areas of flood-related erosion
hazards and areas of mud flow hazards. This Flood
Insurance study is the minimum area of applicability of
this chapter and may be supplemented by studies for other
areas which allow implementation of this chapter and
which are recommended to the Council by the City
Engineer."
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AN ORDINANCE OF mE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.16, SECTION 19.16.030 (2) OF mE SAN BERNARDINO
2 MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO FLOOD
3 CONTROL MEASURES, FOR mE ENTIRE CITY OF SAN BERNARDINO.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the_day of
, 1994, by the following vote, to-wit:
Council Members:
NAYS
ABSENT
ABSTAIN
AYES
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of
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City Clerk
The foregoing ordinance is hereby approved this
,1994.
day
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23 Approved as to
form and legal content:
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Tom Minor, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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FP DISTRICt" -19.16
19.16.030 GENERAtOROVISIONS
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1. This" chapter shall apply to all areas of special flood hazards, areas of flood-
related erosion hazards and areas of mud slide (i.e. mud flow) hazards within
the jurisdiction of the aty.
2. The most recent edition of the Federal Emergency Management Agency or
the Federal Insurance Administration scientific and engineering report
entitled "Flood Insurance Study City San Bernardino". with an
accompanying Flood Insurance Rate Map is incorporated by reference into
this chapter. The report identifies areas of special flood hazard. areas of
flood-related erosion hazards and areas of mud flow hazards. This Flood
Insurance Study is the minimum area of applicability of this chapter and
may be supplemented by studies for other areas which allow
implementation of this chapter and which are recommended to the Council
by the City Engineer.
3. No structure or land shall hereafter be constructed, located. extended. CODveI h:d,
or altered without full compliance with the terms of this chapter and other ap-
plicable regulations. VlOlations of the provisions of this chapter by failure to
comply with any of its requirements (including violations of cxmditions and
safeguards established in connection with cxmditions) shall constitute a mis-
demeanor. Nothing herein shall prevent the aty from ta1dng such lawful action
as is necessary to prevent or remedy any violation.
4. This chapter is not intended to repeal, abrogate, or impair any existing..
ments, covenants, or deed n!lIbictions. However, where this chapter and any
other code, ordinance, easement, covenant, 01' deed n!lItric:tion conflfct or 0ver-
lap, whichever imposes the moren!llbictive n!lIbictions shall psevaD.
5. In the inle. yfetation and applic:ation of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. LIberally construed in favor of the governing body; and
C. Deemed neither to Umit NIl' repeal any other powers granted. under atate atatutes.
6. The degree of flood prolection zequired by this chapter is CIllIIIddered reuon-
able for regulatory pulpalea and is based on scientific and ~ c0n-
siderations. Larger floods can and wiD occur on rue ........alOIIL PIoocl heights
may be inaeased by man-made 01' natural causes. 'ibis chapter c:Ioea not imply
that land outside the areas of apec:Ia1 flood hazards, areas of floocl-reJ-ted erosion
hazards and areas of mud slide (i.e., mud flow) hazards 01' uses permitted within
such areas wiD be free from flooding 01' flood damages. 'ibis chapter sha11 not
aeate liability on the part of the a~ any officer 01' employee thereof, 01' the
Federal Insurance Administration, for any flood damages that nsult from
reliance on this chapter 01' any administrative d-lalon lawfully made thereunder.
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