This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city of Laguna Beach.
(Ord. 1576 § 1, 2013)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS)
for the City of Laguna Beach, California" dated December 3, 2009,
with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary
and Floodway Maps (FBFMs), dated December 3, 2009, and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared
to be a part of this chapter. This FIS and attendant mapping is the
minimum area of applicability of this chapter and may be supplemented
by studies for other areas that allow implementation of this chapter
and that are recommended to the Laguna Beach city council by the floodplain
administrator. The study, FIRMs and FBFMs are on file at the Laguna
Beach Community Development Department, 505 Forest Avenue, Laguna
Beach, California.
(Ord. 1576 § 1, 2013)
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 Laguna
Beach city council from taking such lawful action as is necessary
to prevent or remedy any violation.
(Ord. 1576 § 1, 2013)
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.
(Ord. 1576 § 1, 2013)
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.
(Ord. 1576 § 1, 2013)
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 shall not create liability
on the part of Laguna Beach 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 chapter
or any administrative decision lawfully made hereunder.
(Ord. 1576 § 1, 2013)
This chapter and the various parts thereof are hereby declared
to be severable. Should any section of this chapter be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. 1576 § 1, 2013)
