California Legislature—2015–16 Regular Session

Assembly BillNo. 747


Introduced by Assembly Member Eggman

February 25, 2015


An act to amend Section 65962 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 747, as introduced, Eggman. Planning and land use: Sacramento-San Joaquin Valley.

Existing law prohibits a city or county within the Sacramento-San Joaquin Valley 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, unless the city or county finds, based on substantial evidence in the record, that certain criteria are met.

This bill would prohibit a city or county within the Sacramento-San Joaquin Valley from approving a discretionary permit or entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building for a project that is located within a flood hazard zone unless the city or county finds that the construction meets the criteria referenced above.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Valley.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 65962 of the Government Code is
2amended to read:

3

65962.  

(a) Notwithstanding any other law, after the
4amendments required by Sections 65302.9 and 65860.1 have
5become effective, each city and county within the Sacramento-San
6Joaquin Valley shall not approve a discretionary permit or other
7discretionarybegin delete entitlement, or a ministerial permitend deletebegin insert entitlementend insert that
8would result in the construction of a newbegin delete residence,end deletebegin insert building or
9construction that would result in an increase in allowed occupancy
10for an existing building, or a ministerial permit that would result
11in the construction of a new residence,end insert
for a project that is located
12within a flood hazard zone unless the city or county finds, based
13on substantial evidence in the record, one of the following:

14(1) The facilities of the State Plan of Flood Control or other
15flood management facilities protect the project to the urban level
16of flood protection in urban and urbanizing areas or the national
17Federal Emergency Management Agency standard of flood
18protection in nonurbanized areas.

19(2) The city or county has imposed conditions on the permit or
20discretionary entitlement that will protect the project to the urban
21level of flood protection in urban and urbanizing areas or the
22national Federal Emergency Management Agency standard of
23flood protection in nonurbanized areas.

24(3) The local flood management agency has made adequate
25progress on the construction of a flood protection system which
26will result in flood protection equal to or greater than the urban
27level of flood protection in urban or urbanizing areas or the national
28Federal Emergency Management Agency standard of flood
29protection in nonurbanized areas for property located within a
30flood hazard zone, intended to be protected by the system. For
31urban and urbanizing areas protected by project levees, the urban
32level of flood protection shall be achieved by 2025.

33(4) The property in an undetermined risk area has met the urban
34level of flood protection based on substantial evidence in the
35record.

36(b) The effective date of amendments referred to in this section
37shall be the date upon which the statutes of limitation specified in
38subdivision (c) of Section 65009 have run or, if the amendments
P3    1and any associated environmental documents are challenged in
2court, the validity of the amendments and any associated
3environmental documents has been upheld in a final decision.

4(c) This section does not change or diminish existing
5requirements of local flood plain management laws, ordinances,
6resolutions, or regulations necessary to local agency participation
7in the national flood insurance program.

8

SEC. 2.  

The Legislature finds and declares that a special law
9is necessary and that a general law cannot be made applicable
10within the meaning of Section 16 of Article IV of the California
11Constitution because of the unique land use planning considerations
12relative to flood hazard zones in the Sacramento-San Joaquin
13Valley.



O

    99