This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City of Encinitas.
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FE-MA) in the Flood Insurance Study (FIS)
for the City of Encinitas dated May 16, 2012, with accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs),
dated May 16, 2012, 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
which allow implementation of this chapter 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, 505 S. Vulcan
Avenue, Encinitas California.
(Ord. 2014-12)
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.
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.
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.
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 with-in such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the City of Encinitas, 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.
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.