Pacifica Municipal Code Art. 3 General Provisions

This chapter shall apply to all special flood hazard areas within the jurisdiction of the City of Pacifica.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

The special flood hazard areas identified by the Federal Emergency Management Agency ("FEMA") in the "Flood Insurance Study for the City of Pacifica," ("FIS") dated February 19, 1987, with accompanying Flood Insurance Rate Maps ("FIRMs") and Flood Boundary and Floodway Maps ("FBFMs"), dated February 19, 1987, 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 1800 Francisco Boulevard, Pacifica, California 94044.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

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, except that the City Attorney, acting at his or her discretion, may charge and prosecute such violations as an infraction. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

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

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

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 power granted under state statutes.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

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 special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer, employee, or representative 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 does not confer any mandatory obligation or duty on the City or any of its officers, employees, or representatives.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

This chapter and the various parts thereof are hereby declared to be severable. Should any provision, clause, sentence, section, or word of this chapter (or part thereof) be declared by the courts to be illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts of this chapter or their applicability to other persons or circumstances.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)