Sebastopol Municipal Code Art. III General Provisions

This chapter shall apply to all areas of special flood hazards within the jurisdiction of City of Sebastopol. (Ord. 1084, 2016)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for Sonoma County, California and Incorporated Areas” dated December 2, 2008, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated December 2, 2008, 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 Sebastopol Building and Safety Department, 7425 Bodega Avenue, Sebastopol. (Ord. 1084, 2016)

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. 1084, 2016)

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. (Ord. 1084, 2016)

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. 1084, 2016)

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 manmade 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 the 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. 1084, 2016)

The “base flood elevation” has been set by FEMA in its September 1990 flood insurance study at 75 feet. Nevertheless, the City of Sebastopol hereby declares its intention to enact stricter regulations throughout this chapter, so that all elevations shall be constructed one foot above the “base flood elevation” in the City of Sebastopol, that is, at a level of 76 feet. (Ord. 1084, 2016)