Brea Municipal Code Ch. 18.212 General Provisions

This chapter shall apply to all areas within the “F” zone, and any other areas designated by the City Council as being subject to special flood hazards within the city.

(Ord. 1132, 12-1-2009)

The area of special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in the ‘Flood Insurance Study (FIS) for Orange County and incorporated areas’ dated December 3, 2009, with accompanying flood insurance rate maps (FIRM’s) and flood boundary and floodway maps (FBFM’s), 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. The 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, FIRM’s and FBFM’s are on file at City Clerk’s Office in Brea Civic and Cultural Center located at 1 Civic Center Circle, Brea, California.

(Ord. 1132, 12-1-2009)

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.

(Ord. 1132, 12-1-2009)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 1132, 12-1-2009)

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. 1132, 12-1-2009)

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 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. 1132, 12-1-2009)