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HomeMy WebLinkAboutMC-912 Effective: November 3, 1994 1 ORDINANCE NO. MC-912 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19. 16, SECTION 19. 16.030 (2) OF THE SAN BERNARDINO MUNICIPAL CODE 3 (DEVELOPMENT CODE) PERTAINING TO FLOOD CONTROL MEASURES, FOR THE ENTIRE CITY OF SAN BERNARDINO. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 19 . 16, Section 19 . 16. 030 (2) of the 7 Development Code is hereby amended to read as follows (see 8 Attachment A, Development Code Page II-187, attached and 9 incorporated herein by reference) : 10 19 . 16. 030 GENERAL PROVISIONS 11 " 2 • The most recent edition of the Federal Emergency 12 Management Agency or the Federal Insurance Administration 13 scientific and engineering report entitled "Flood 14 Insurance Study City San Bernardino" , with an 15 accompanying Flood Insurance Rate Map is incorporated by 16 reference into this chapter. The report identifies areas 17 of special flood hazard, areas of flood-related erosion 18 hazards and areas of mud flow hazards. This Flood 19 Insurance Study is the minimum area of applicability of 20 this chapter and may be supplemented by studies for other 21 areas which allow implementation of this chapter and 22 which are recommended to the Council by the City 23 Engineer. " 24 25 26 27 28 1 MC-912 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.16, SECTION 19.16.030 (2) OF THE SAN BERNARDINO 2 MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO FLOOD 3 CONTROL MEASURES, FOR THE ENTIRE CITY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the 5 6 Mayor and Common Council of the City of San Bernardino at a regular 7 meeting thereof, held on the 3rd_day of Octob g$94, by the following vote, to-wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE X 10 CURLIN % 11 HERNANDEZ R 12 — — — OBERHELMAN % _ 13 DEVLIN % 14 15 POPE-LUDLAM % 16 MILLER % 17 %� �Q.IXlItLL�� 0 18 City Clerk 19 The foregoing ordinance is hereby approved thisy�day of October _' 1994. 20 21 22 Tom Minor, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 By: 27 28 2 ATTACHMENT "A" MC-912 DISTRICT19.16 19.16.030 GENERAL PROVISIONS 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 City. 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, converted, or altered without full compliance with the terms of this chapter and other ap- plicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a mis- demeanor. Nothing herein shall prevent the City from taldng 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 ease- ments, covenants,or deed restrictions. However, where this chapter and any other code, ordinance,easement, covenant,or deed restriction conflict or over- lap, whichever imposes the more restrictive restrictions shall prevail. 5. In the interpretation and application 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 limit nor repeal any other powers granted under state statutes. 6. The degree of flood protection required by this chapter is considered reason- able for regulatory purposes and is based on scientific and engineering con- siderations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards,areas of flood-related erosion hazards and areas of mud slide (i.e., mud flow)hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof,or the Federal Insurance Administration,for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. II•187 y91 Proof of Publication '94 OCT 13 A10 :39 CITY OF SAN BERNARDINO CITY CLERKS OFFICE 7. te OF NO. MC-914 STATE OF CALIFORNIA, }ss. S CE DF THE County of San Bernardino, son eemardino ma Choo ter 19.16,n 19.16.00012) pf me ernardino Municipal The undersigned hereby certifies as follows: (Development Code, mna to flood control I am a citimn of the United States, over the a e of twen one ears, and not a res, for me entire g t)•- y of San Bernardino. ar to nor interested in the above-entitled matter; I am the rind al clerk of the ed: October 3, 1994 Q ty Q Q e:November 3,199d rinter of a news a r to wit, The Sur.; the same was at all times herein mentioned a p p Qe . Council Members tewspaper of general circulation printed and published daily,including Sunday,in the n�oevlln nAaloer City f San Bernardino, in the Count of San Bernardino, State of California; said NAYS: None. ry y ABSENT:Council Members newspaper isso published everydayoftheyear as and under thenamicof The Sun,said Neonate, Pope-Ludlam. newspaper has been adjudged a newspaper oI eneral circulation by the Superior FULL TEXT OF THIS i g g "r Qe ORDINANCE IS Court of the State of California, in and for the County of San Bernardino,by a judg- AVAILABLE THE E OFFICE OF ment of said Superior Court duly made, filed and entered on June 20, 1952, in the CITY CLERK records and files of said Superior Court in that certain proceeding entitled In the Mat. TOMY MINOR ter of the Ascertainment and Establishment of The Sun me Newspaper of General Cir, RACHEL CLARK City Clerk eulation, numbered 73084 in the records of civil proceedings in said Superior Court summary approved by DENNIS A. BARLOW and by judgment modifying the same,also made,filed and entered in said proceeding; Senior Assistant City Attorney 9]1 1309 the notice or other process or document hereinafter mentioned was set, printed and published in type not smaller than nonpareil and was preceded with words printed in black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the SUMMARY OF ORDINANCE .. . . . . . . . . . . .. .. . . . . . . . . . . . . . . ... . . . . . . . .. . . . . . . . .. . . .. ..... . .. . . . . ... . MC-912 FLOOD CONTROL MEASURES . . .. . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . of which the annexed is a true printed copy,was published in each edition and issue of said newspaper of general circulation, and not in any supplement thereof,on each of the following dates, to wit: OCTOBER 7 , 1994 1 certify under penalty of perjury that the foregoing is true and correct. it 1-k- Executed on the . . . . . . . . . . day of .. . OCTOBER . . . . . . 19 .9.4. . . . ., at San Bernardino, in said County and State. "a,a 0602061 0 0 SUMMARY OF ORDINANCE NO. MC-912 An Ordinance of the City of San Bernardino amending Chapter 19.16, Section 19.16.030(2) of the San Bernardino Municipal Code (Development Code) pertaining to flood control measures, for the entire City of San Bernardino. Adopted: October 3, 1994 Effective: November 3, 1994 Vote: AYES: Council Members Cur", Hernandez, Oberhelman, Devlin, Miller. NAYS: None. ABSENT: Council Members Negrete, Pope-Ludlam. FULL TEXT OF THIS ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK TOM MINOR RACHEL CLARK Mayor City Clerk Summary approved by S... 33 - s� nman,-Eity�tttorney- Dennx-ff A. Barlow, Senior Assistant City Attorney CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: August 24, 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE NLAYOR AND COMNION COUNCIL ORDINANCE MC- 912 NOTICE OF, Missing Document, Exhibit/Attachment-. Bad Quality Original Document. Map. Hand Written Original. Signature Missing- Ordinance. !r . % Legal Advertisement - Proof Of Publication Bad Oualitv. The referenced Legal Advertisement Proof of Publication is on newsprint paper. The quality of newsprint paper when scanned is poor and its legibility is impaired. The full test of the Ordinance Summary as approved by the City Attorney is included for reference, and was published to pursuant to the San Bernardino Charter. Ordinance Summary Not Attached Legal Advertisement - Proof of Publication Not Attached FOR ASSISTANCE Should you have any questions on this matter, please do not hesitate to contact either the records management staff, or the Administrative Operations Supervisor (909) 384-5002. Rachel Clark City Clerk RC:mam