San Bernardino Municipal Code Art. 101 General Provisions

This chapter, in combination with the flood provisions of the California Building Standards Code (consisting of Part 2 (building), Part 2.5 (residential) and Part 10 (existing building) of Cal. Code of Regulations, Title 24, and related codes, hereinafter “building codes”), shall be known as the “Floodplain Management Regulations” of the city.

(Ord. MC-1622, passed 1-17-2024)

Cross-reference:

Definition of Building Code, see § 8.79.470

The legislature of the state has, in Cal. Gov’t Code, §§ 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

(Ord. MC-1622, passed 1-17-2024)

The provisions of this chapter, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in § 8.79.110.

(Ord. MC-1622, passed 1-17-2024)

The purposes and objectives of this chapter and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas designed to:

(A) Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(B) Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(C) Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(D) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials and other development which may increase flood damage or erosion potential;

(E) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards;

(F) Contribute to improved construction techniques in the floodplain;

(G) Minimize damage to public and private facilities and utilities;

(H) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(I) Minimize the need for rescue and relief efforts associated with flooding;

(J) Ensure that property owners, occupants and potential owners are aware of property located in flood hazard areas;

(K) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

(L) Meet the requirements of the national flood insurance program for community participation as set forth in 44 C.F.R. § 59.22.

(Ord. MC-1622, passed 1-17-2024)

Pursuant to the requirement established in state statute that the city administer and enforce the California Building Standards Code, the Mayor and City Council acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the building codes.

(Ord. MC-1622, passed 1-17-2024)

Cross-reference:

California Building Standards Code, see § 8.79.010

The degree of flood protection required by this chapter and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by human-made or natural causes. Enforcement of this chapter and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of 44 C.F.R. pts. 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise this chapter to remain eligible for participation in the national flood insurance program. No guaranty of vested use, existing use or future use is implied or expressed by compliance with this chapter.

(Ord. MC-1622, passed 1-17-2024)

These regulations shall not create liability on the part of Mayor and City Council, any officer or employee thereof, the state or the Federal Emergency Management Agency, for any flood damage that results from reliance on this chapter, or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of this chapter, while acting for the community in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter.

(Ord. MC-1622, passed 1-17-2024)

The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.

(Ord. MC-1622, passed 1-17-2024)

These regulations supersede any ordinance in effect in flood hazard areas. However, this chapter is not intended to repeal, abrogate or impair any existing ordinances, including land development regulations, subdivision regulations, zoning ordinances, storm water management regulations or building codes, nor any existing easements, covenants or deed restrictions. In the event of an overlap or conflict between this chapter and any other ordinance, code, regulation, easement, covenant or deed restriction, the more restrictive shall govern.

(Ord. MC-1622, passed 1-17-2024)