2014-150 Floodplain Management ORDINANCE NO. 2014-150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
AMENDING SECTION 4.2.030 OF THE MENIFEE MUNICIPAL CODE RELATING TO REQUIRED
FLOODPLAIN MANAGEMENT FOR NONCOASTAL COMMUNITIES
Section 1. The City Council of the City of Menifee does ordain that Chapter 4.2.030 of the Menifee
Municipal Code is hereby amended to read in its entirety as follows:
"SECTION 4.2.030 — General Provisions
4.2.030
(a) LANDS TO WHICH THIS CHAPTER APPLIES.
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of
the City.
(b) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the "Flood Insurance Study (FIS) for the City" FIS06065CV001-004
dated April 15, 1980, with accompanying Flood Insurance Rate Maps (FIRM's) and
Flood Boundary and Floodway Maps (FBFM's), dated April 15, 1980, and all subsequent
amendments and/or revisions, 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 Chapter and which are recommended to the City
Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file with
the City Clerk in City Hall located at 29714 Haun Rd, Menifee, CA.
(c) COMPLIANCE.
As of the effective date of this Chapter, no structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with the terms of this
Chapter and other applicable regulations. Violation of the requirements (including violations
of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent
the City Council from taking such lawful action as is necessary to prevent or remedy any
violation, including but not limited to by the issuance of administrative citations. Any violation
of this Chapter constitutes a public nuisance which may be addressed or abated pursuant to
Chapter 11.20 hereof.
(d) ABROGATION AND GREATER RESTRICTIONS.
This Chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(e) INTERPRETATION.
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In the interpretation and application of this Chapter, all provisions shall be considered as
minimum requirements, liberally construed in favor of the City and deemed neither to
limit nor repeal any other powers granted under state statutes.
(f) WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this Chapter 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 Chapter 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 Chapter does not and shall not create liability on the part of the City, the City Council,
any officer or employee thereof, the State of California, or the Federal Emergency
Management Agency, for any flood damages that result from reliance on this ordinance or
any administrative decision lawfully made hereunder."
Section 2. SEVERABILITY.
This ordinance 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.
Section 3. EFFECTIVE DATE. This ordinance shall be effective 30 days from the date of its adoption.
PASSED APPROVED AND ADOPTED this 18'h day of June, 2014, by the following vote:
AYES: August, Denver, Edgerton, Fuhrman, n
NOES: None
ABSENT: None
ABSTAIN: None
Scott A. Ma_nrl, Mayor
APPROVED AS TO FORM:
J e Biggs, City'Att y
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2014-150 to be the original ordinance adopted by the City Council of the City of
Menifee on June 18, 2014 and that said ordinance was published in accordance with the law.
Date:
Kathy Bennett, City Clerk
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