BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 747|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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CONSENT
Bill No: AB 747
Author: Eggman (D)
Introduced:2/25/15
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/23/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/8/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
ASSEMBLY FLOOR: 78-0, 4/30/15 - See last page for vote
SUBJECT: Planning and land use: Sacramento-San Joaquin Valley
SOURCE: Author
DIGEST: This bill allows a city or county within the
Sacramento-San Joaquin Valley to approve discretionary permits
or other discretionary entitlements for projects located within
a flood hazard zone except those that would result in either the
construction of a new building or construction that would result
in an increase in allowed occupancy for an existing building.
ANALYSIS: 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.
AB 747
Page 2
This bill limits the prohibition on 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."
Background
Resolves a Long-Standing Dispute. This bill amends a section of
the Government Code that has been the subject of conflicting
interpretations for years. Some suggested the section as
written would prohibit approving any discretionary permit within
a flood hazard zone. This would include things like permits to
add a drive-thru at a fast food restaurant or the construction
of cell phone towers. In their view, the section as drafted had
a typo, a "missing comma".
Others contended that there was no missing comma, and the
section clearly stated what the author intended. The amendment
to the Government Code section appears to resolve the different
interpretations.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified7/9/15)
California State Association of Counties
City of Stockton
County of San Joaquin
OPPOSITION: (Verified7/9/15)
AB 747
Page 3
None received
ASSEMBLY FLOOR: 78-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez
Prepared by:Dennis O'Connor / N.R. & W. / (916) 651-4116
7/10/15 14:47:35
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