HomeMy WebLinkAboutMC-912
Effective: November 3, 1994
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ORDINANCE NO.
MC-9l2
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.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.
Chapter
19.16, section 19.16.030(2) of the
Development Code is hereby
amended to read as follows (see
Attachment A,
Development
Code Page 11-187,
attached and
9 incorporated herein by reference):
10 19.16.030 GENERAL PROVISIONS
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" 2. The most recent edition of the Federal Emergency
Management Agency or the Federal Insurance Administration
scientific and engineering report entitled "Flood
with
Bernardino",
City
Study
San
Insurance
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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MC-9l2
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.16, SECTION 19.16.030 (2) OF THE SAN BERNARDINO
2 MUNICIPAL CODE (DEVEWPMENT CODE) PERTAINING TO FLOOD
3 CONTROL MEASURES, FOR THE 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 regular
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meeting thereof, held on the 3rd day of OctO?'t~94, by the following vote, to-wit:
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8 Council Members: A YES
NAYS
ABSTAIN ABSENT
9 NEGRETE
x
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CURLIN x
x
HERNANDEZ
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
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3rlckt (I~(Ltl- tu vJan.tiv:u 7rurlAfJ~ fJ. /IuJj
City Clerk ~r f--rt-
The foregoing ordinance is hereby approved this f! /Jz day
of October , 1994.
~nl~
Tom Minor, Mayor
City of San Bernardino
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ATTACID-IENT "A"
MC-912
FP DISTRICf -19.16
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 (Le. 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 taking 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 sdentific 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 derision lawfully made thereunder.
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