AB 2108, as introduced, Eggman. Sacramento-San Joaquin Valley: flood management.
Existing law prohibits, after the general plan amendments and zoning ordinance amendments have become effective, each city and county within the Sacramento-San Joaquin Valley from approving specified permits that would result in specified construction located within a flood hazard zone unless the city or county makes one of 4 specified findings.
This bill would make a technical, nonsubstantive change to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 65962 of the Government Code is
2amended to read:
(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
7discretionary entitlement, or a ministerial permit that would result
P2 1in the construction of a new residence, forbegin delete aend deletebegin insert anyend insert project that is
2located within a flood hazard zone unless the city or county finds,
3based on substantial evidence in the record, one of the following:
4(1) The facilities of the State Plan of Flood Control or other
5flood management
facilities protect the project to the urban level
6of flood protection in urban and urbanizing areas or the national
7Federal Emergency Management Agency standard of flood
8protection in nonurbanized areas.
9(2) The city or county has imposed conditions on the permit or
10discretionary entitlement that will protect the project to the urban
11level of flood protection in urban and urbanizing areas or the
12national Federal Emergency Management Agency standard of
13flood protection in nonurbanized areas.
14(3) The local flood management agency has made adequate
15progress on the construction of a flood protection system which
16will result in flood protection equal to or greater than the urban
17level of flood protection in urban or urbanizing areas or the national
18Federal Emergency Management Agency standard of flood
19protection in nonurbanized areas for property located within a
20flood hazard zone,
intended to be protected by the system. For
21urban and urbanizing areas protected by project levees, the urban
22level of flood protection shall be achieved by 2025.
23(4) The property in an undetermined risk area has met the urban
24level of flood protection based on substantial evidence in the
25record.
26(b) The effective date of amendments referred to in this section
27shall be the date upon which the statutes of limitation specified in
28subdivision (c) of Section 65009 have run or, if the amendments
29and any associated environmental documents are challenged in
30court, the validity of the amendments and any associated
31environmental documents has been upheld in a final decision.
32(c) This section does not change or diminish existing
33requirements of local flood plain management laws, ordinances,
34resolutions, or regulations
necessary to local agency participation
35in the national flood insurance program.
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