BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          BILL NO: AB 1259                   HEARING DATE: June 25, 2013
          AUTHOR: Olsen                      URGENCY: No
          VERSION: March 21, 2013            CONSULTANT: Dennis O'Connor
          DUAL REFERRAL: Governance & FinanceFISCAL: No
          SUBJECT: Sacramento-San Joaquin Valley
          
          BACKGROUND AND EXISTING LAW
          Under current law, by July 2, 2015, each city and county within  
          the Sacramento-San Joaquin Valley must update its general plan  
          to include the following:
           Data and analysis contained in the Central Valley Flood  
            Protection Plan, including, but not limited to, the locations  
            of the facilities of the State Plan of Flood Control and the  
            locations of the real property protected by those facilities.
           The locations of flood hazard zones, including locations  
            mapped by the Federal Emergency Management Agency (FEMA) Flood  
            Insurance Rate Map or the Flood Hazard Boundary Map, locations  
            that participate in the National Flood Insurance Program,  
            locations of undetermined risk areas, and locations mapped by  
            a local flood agency or flood district.
           Goals, policies, and objectives for the protection of lives  
            and property that will reduce the risk of flood damage.
           Feasible implementation measures designed to carry out those  
            goals, policies, and objectives.

          Within 12 months of updating its general plan, each city and  
          county within the Sacramento-San Joaquin Valley must then amend  
          its zoning ordinance consistent with its updated general plan. 

          Once a city or county within the Sacramento-San Joaquin Valley  
          has updated its general plan and zoning ordinance to reflect the  
          new flood information, the city or county is prohibited from:
           Approving a discretionary permit or other discretionary  
            entitlement, or a ministerial permit that would result in the  
            construction of a new residence, for a project that is located  
            within a flood hazard zone; or
           Approving of a tentative map, or a parcel map for which a  
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            tentative map was not required, for a subdivision that is  
            located within a flood hazard zone;
          Unless the city or county finds, based on substantial evidence  
          in the record, one of the following:
           The facilities of the State Plan of Flood Control or other  
            flood management facilities protect the project or subdivision  
            to the urban level of flood protection in urban and urbanizing  
            areas or the national FEMA standard of flood protection in  
            nonurbanized areas.
           The city or county has imposed conditions on the permit,  
            discretionary entitlement, or subdivsion that will protect the  
            project to the urban level of flood protection in urban and  
            urbanizing areas or the national FEMA standard of flood  
            protection in nonurbanized areas.
           The local flood management agency has made adequate progress  
            on the construction of a flood protection system which will  
            result in flood protection equal to or greater than the urban  
            level of flood protection in urban or urbanizing areas or the  
            FEMA standard of flood protection in nonurbanized areas for  
            property located within a flood hazard zone.

          An "undetermined risk area" is "an urban or urbanizing area  
          within a moderate flood hazard zone, as delineated on an  
          official flood insurance rate map issued by the Federal  
          Emergency Management Agency, which has not been determined to  
          have an urban level of protection."

          PROPOSED LAW
          This bill would allow a city or county within the Sacramento-San  
          Joaquin Valley that has updated its general plan and zoning  
          ordinance to reflect the new flood information, to approve: 
           A discretionary permit or other discretionary entitlement, or  
            a ministerial permit that would result in the construction of  
            a new residence, for a project that is located within a flood  
            hazard zone; or
           A tentative map, or a parcel map for which a tentative map was  
            not required, for a subdivision that is located within a flood  
            hazard zone; 
          If the city or county finds, based on substantial evidence in  
          the record, that the property in an undetermined risk area has  
          met the urban level of flood protection.

          ARGUMENTS IN SUPPORT
          According to the California State Association of Counties, "Last  
          year, two bills SB 1278 (Wolk, Chapter 553) and AB 1965 (Pan,  
          Chapter 554) were enacted to address outstanding issues  
          concerning the implementation of SB 5 (Machado, Chapter 364) --  
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          one of the six-bill 2007 flood protection package.   
          Unfortunately, a couple of sections were inadvertently left out  
          of SB 1278 and AB 1965."

          "AB 1259 would correct these inadvertent omissions by making  
          conforming changes to Government Code Sections 65962  
          (discretionary and ministerial permits) and 65474.5 (tentative  
          maps) to mirror the "undetermined risk area" provision of  
          subsection (4) of Section 65865.5 (development agreements)."

          ARGUMENTS IN OPPOSITION: None

          COMMENTS 
          
           Clarifies existing law.   Existing law already allows cities and  
          counties in the Sacramento-San Joaquin Valley to approve  
          projects and subdivisions if they have imposed conditions on the  
          permit or discretionary entitlement or subdivision that will  
          protect the project to the urban level of flood protection in  
          urban and urbanizing areas or the national FEMA standard of  
          flood protection in nonurbanized areas.  What if the project  
          doesn't need any conditions to meet the appropriate level of  
          flood protection?  This bill clarifies that the city or county  
          may approve the project as long as they make such a finding  
          based on substantial evidence.

          SUGGESTED AMENDMENTS:  None

          SUPPORT
          San Joaquin County Board of Supervisors (Sponsor)
          California Association of Realtors
          California State Association of Counties
          City of Sacramento
          Rural County Representatives of California

          OPPOSITION: None Received
          










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