This title shall apply to all areas of special flood hazards
within the jurisdiction of Palm Desert.
(Ord. 985 § 1, 2001)
The areas of special flood hazard identified by the Federal
Insurance Administration (FIA) of the Federal Emergency Management
Agency (FEMA) in the Flood Insurance Study (FIS) dated October 1979,
and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary
and Floodway Maps (FBFMs), dated April 15, 1980, and all subsequent
amendments and/or revisions, are adopted by reference and declared
to be a part of this title. This FIS and attendant mapping is the
minimum area of applicability of this title and may be supplemented
by studies for other areas which allow implementation of this title
and which are recommended to the city council by the floodplain administrator.
The study, FIRMs and FBFMs are on file at the public works department,
Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California.
(Ord. 985 § 1, 2001; Ord. 1228 § 1, 2011; Ord. 1317 § 16, 2017)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this title and other applicable regulations. Violation of the requirements
(including violations of conditions and safeguards established in
connection with conditions) 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.
(Ord. 985 § 1, 2001)
This title is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where
this title and another ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
(Ord. 985 § 1, 2001)
In the interpretation and application of this title, 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. 985 § 1, 2001)
The degree of flood protection required by this title 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 manmade or natural causes.
This title 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 title shall not create liability on the part
of the city council, any officer or employee thereof, the state of
California, or the Federal Insurance Administration, Federal Emergency
Management Agency, for any flood damages that result from reliance
on this title or any administrative decision lawfully made hereunder.
(Ord. 985 § 1, 2001)
