BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
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|Bill No: |AB 747 |Hearing |7/8/15 |
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|Author: |Eggman |Tax Levy: |No |
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|Version: |2/25/15 |Fiscal: |No |
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|Consultant|Favorini-Csorba |
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PLANNING AND LAND USE: SACRAMENTO-SAN JOAQUIN VALLEY
Prohibits a city or county in the Sacramento-San Joaquin Valley
from approving a discretionary permit that would result in
certain types of construction without making findings related to
flood protection.
Background and Existing Law
The Planning and Zoning Law requires every county and city to
adopt a general plan that sets out planned uses for all of the
area covered by the plan. Cities' and counties' major land use
decisions-including development permitting-must be consistent
with their general plans. In this way, the general plan is a
blueprint for future development.
In 2007, the Governor signed a package of five bills designed to
increase protection from damaging flood waters. Those bills
included requirements for local governments in the
Sacramento-San Joaquin Valley to improve local land use and
other planning decisions by strengthening the link between land
use and flood management. One bill in the package, SB 5
(Machado, 2007), required the Department of Water Resources and
AB 747 (Eggman) 2/25/15 Page 2
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the Central Valley Flood Protection Board to prepare and adopt a
Central Valley Flood Protection Plan by 2012, and established
certain flood protection requirements for certain local land-use
decisions consistent with the Central Valley Protection Plan.
Under SB 5, each city and county within the Sacramento-San
Joaquin Valley was required to amend its general plan within two
years of the Central Valley Flood Protection Board's adopting
the Flood Plan. A city or county within the Sacramento-San
Joaquin Valley must amend its zoning ordinance to make it
consistent with its general plan within 36 months of the Board's
adopting the Flood Plan. Subsequent legislation required the
general plan to include identification of flood hazard zones and
areas of undetermined flood risk.
Once a city or county completes the update to its general plan
and amendment to the zoning ordinance, the law states that a
city or county "within the Sacramento-San Joaquin Valley shall
not 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" unless the city or county findings
that the project has the required level of flood protection for
its location. There is some disagreement over the correct
interpretation of this provision. The Department of Water
Resources considers this legislation to prohibit any
discretionary permit, while others argue that it only applies to
permits for new residences.
Some local government officials want to clarify what permits can
be issued without making findings regarding flood protection.
Proposed Law
Assembly Bill 747 requires a city or county to make the
specified flood protection findings before approving "a
discretionary permit, or other discretionary entitlement to
those permits, or entitlements 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," as well as for ministerial permits that would result
in the construction of a new residence.
State Revenue Impact
AB 747 (Eggman) 2/25/15 Page 3
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No estimate.
Comments
1. Purpose of the bill . AB 747 resolves a long-running
disagreement over the interpretation of what projects may be
permitted without the city or county making findings about the
level of flood protection. These findings can be costly to make
and may not always be possible without costly investments in
flood protection infrastructure. As a result, the lack of
clarity in the current law has prevented some local governments
from permitting structures, such as cell phone towers, that
neither increase flood risk nor put additional lives in danger.
AB 747 provides certainty to those governments by clarifying
that the findings are only required for discretionary permits or
entitlements that result in construction of a new building or a
new residence, or construction that would allow an increase in
occupancy at an existing building. This requirement preserves
SB 5's goal of reducing flood risk by promoting prudent land use
permitting, while also allowing necessary structures to be
constructed without the expense of making flood protection
findings.
2. Related legislation . AB 2108 (Eggman, 2014) would have made
a number of changes to the statutes relating to flood management
in the Sacramento-San Joaquin Valley, including a prohibition on
discretionary permits that allow a 50% increase in allowed
occupancy without the required flood findings, as well as other
broader changes. AB 2108 was never heard by a policy committee
in the Senate.
AB 125 (Eggman, 2014) was significantly amended in the Senate on
August 22, 2014, to include language that is substantially
similar to AB 747. Amendments to AB 125 on August 30, 2014,
added in a new section relating to the Department of Water
Resources and the Urban Flood Risk Reduction Program. That bill
passed the Senate, but died on the Assembly Unfinished Business
File.
3. Incoming! The Senate Natural Resources and Water Committee
approved AB 747 by a vote of 9-0 on June 23, 2015.
4. Special legislation . The California Constitution prohibits
special legislation when a general law can apply (Article IV,
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§16). AB 747 contains findings and declarations explaining the
need for legislation that applies only to the Sacramento-San
Joaquin Valley.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Floor: 78-0
Support and
Opposition (7/2/15)
Support : County of San Joaquin; City of Stockton; California
State Association of Counties.
Opposition : Unknown.
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