BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 1259 HEARING: 7/3/13
AUTHOR: Olsen FISCAL: No
VERSION: 3/21/13 TAX LEVY: No
CONSULTANT: Lui
FLOOD PROTECTION AND LAND USE
Makes changes to Sacramento-San Joaquin Valley cities' and
counties' development practices in flood hazard zones.
Background and Existing Law
In 2007, Governor Schwarzenegger signed a six-bill flood
package that identified high-risk flood hazard zones and
planned for future development.
One of the six bills, SB 5 (Wolk, 2007) required each city
and county within the Sacramento-San Joaquin Valley must
amend its general plan within two years of the Central
Valley Flood Protection Board adopting the Central Valley
Flood Protection Plan, which is an integrated flood
management plan for the Sacramento-San Joaquin River Flood
Management System. On June 29, 2012, the Board adopted the
Flood Plan. SB 5 also required the city or county to also
amend its zoning ordinance to make it consistent with its
general plan within 36 months of the Board's adopting the
Flood Plan. The Department of Water Resources must issue
draft 200-year floodplain maps for areas protected by the
State Plan of Flood Control by July 2, 2013 (AB 1965, Pan,
2012).
Once a city or county's general plan and zoning ordinance
amendments become effective, a city or county is prohibited
from entering into a development agreement for property
that is located in a flood hazard zone unless the city or
county makes specified findings, including, among others,
that certain conditions have been imposed by the city or
county, unless it makes one of three findings:
The State Plan of Flood Control's facilities or
other flood management facilities protect the property
to the urban level of flood (200-year flood level of
protection) protection in urban and urbanizing areas
AB 1259 -- 3/21/13 -- Page 2
or the national Federal Emergency Management Agency's
(FEMA) standard of flood protection in nonurbanized
areas;
The city or county has imposed conditions on the
development agreement that will protect property to
the urban level of flood protection in urban and
urbanizing areas or FEMA's standard of flood
protection in nonurbanized areas;
The local flood management agency has made adequate
progress on the
construction of a flood protection system that will
result in flood protection equal to or greater than
the urban level of flood protection in urban or
urbanizing areas or FEMA's standard of flood
protection in nonurbanized areas.
Last year, cities and counties asked for more time to
develop mapping information and identify areas for the
upcoming general plan and zoning ordinance amendments'
deadlines. In response, the Legislature enacted AB 1965
and SB 1278 (Wolk, 2012). SB 1278 requires each
city and county within the Sacramento-San Joaquin Valley to
amend its general plan before July 2, 2015, and to amend
its zoning ordinance within a year after the amendment of
its general plan.
SB 1278 also allows a city or county to enter into a
development agreement for property located in a flood
hazard zone if it makes a finding that property in an
undetermined risk area has met the urban level of flood
protection. State law defines an "undetermined risk area"
as an urban or urbanizing area within a moderate flood
hazard zone, as shown on an official flood insurance rate
map by the Federal Emergency Management Agency, which has
not been determined to have an urban level of flood
protection.
Cities and counties would also like to be able to approve
discretionary permits, ministerial permits, tentative maps,
and parcel maps, based on a finding that property in an
undetermined risk area has met the urban level of flood
protection.
Proposed Law
Assembly Bill 1259 allows a city or county within the
AB 1259 -- 3/21/13 -- Page 3
Sacramento-San Joaquin Valley, which has updated its
general plan and zoning ordinance, 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 located in a flood hazard
zone, if the city or county makes a finding that the
property in an undetermined risk area has met the urban
level of flood protection.
AB 1259 also allows a city or county that has updated its
general plan and zoning ordinance to approve a tentative
map, or a parcel map for which a tentative map was not
required, for a subdivision located in a flood hazard zone,
if the city or county makes a finding that the property in
an undetermined risk area has met the urban level of flood
protection.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Cities and counties in the
Sacramento-San Joaquin Valley can enter into development
agreements for a project in a flood hazard zone if the
local agency makes a specified finding. According to the
author, "A coalition of local governments joined together
to address certain needed changes to the [2007 flood
package]. Conforming amendments are needed to sections
[pertaining to discretionary and ministerial permits and
tentative maps]." Although SB 1278 included language that
permits cities and counties to enter into development
agreements if the local government makes a finding,
equivalent sections addressing permits and tentative maps
were not included. The bill builds upon SB 1278, by
allowing a city or county to approve a discretionary
permit, ministerial permit that constructs a new residence,
or a tentative map, if the local government makes a finding
that the property in an undetermined risk area meets the
urban level of flood protection.
2. Double-referral . The Senate Rules Committee ordered a
AB 1259 -- 3/21/13 -- Page 4
double-referral of AB 1359 to the Senate Natural
Resources and Water Committee, which has jurisdiction over
flood management policies, and the Senate Governance and
Finance Committee, which analyzes land use planning. The
bill passed out of Senate Natural Resources and Water on
June 25 on a 9-0 vote.
Assembly Actions
Assembly Water, Parks, and Wildlife Committee:15-0
Assembly Local Government Committee: 9-0
Assembly Floor: 75-0
Support and Opposition (6/27/13)
Support : San Joaquin County; California Association of
Realtors; California State Association of Counties; City of
Sacramento; Rural County Representatives of California
(RCRC).
Opposition : Unknown.