AB 2108, as amended, Eggman. Sacramento-San Joaquin Valley: flood management.
Existing law requires each city and county within the Sacramento-San Joaquin Valley, within 24 months of July 2, 2013, to amend its general plan to include specified data, policies, and implementation measures. The city or county is also required, not more than 12 months after the amendment of its general plan, to amend its zoning ordinance to be consistent with the general plan, as amended.
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 specified findings, including, among others, that property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.
This bill would eliminate the requirement that the city or county make the finding described above, and would, instead, require the city or county to make a finding that the project is located in a developed area, as defined.
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 permitbegin delete orend deletebegin insert,end insert other
7discretionary entitlement, or a ministerial permit that would result
8in the construction of a new residence, for any project that is
9located within a flood hazard zone unless the city or county finds,
10based on substantial evidence in the record, one of the following:
11(1) The facilities of the
State Plan of Flood Control or other
12flood management facilities protect the project to the urban level
13of flood protection in urban and urbanizing areas or the national
14Federal Emergency Management Agency standard of flood
15protection in nonurbanized areas.
16(2) The city or county has imposed conditions on the permit or
17discretionary entitlement that will protect the project to the urban
18level of flood protection in urban and urbanizing areas or the
19national Federal Emergency Management Agency standard of
20flood protection in nonurbanized areas.
21(3) The local flood management agency has made adequate
22progress on the construction of a flood protection system which
23will result in flood protection equal to or greater than the urban
24level of flood protection in urban or urbanizing
areas or the national
25Federal Emergency Management Agency standard of flood
26protection in nonurbanized areas for property located within a
27flood hazard zone, intended to be protected by the system. For
28urban and urbanizing areas protected by project levees, the urban
29level of flood protection shall be achieved by 2025.
30(4) The project is located in a developed area as defined by
31Section 59.1 of Title 44 of the Code of Federal Regulations.
32(b) The effective date of amendments referred to in this section
33shall be the date upon which the statutes of limitation specified in
P3 1subdivision (c) of Section 65009 have run or, if the amendments
2and any associated environmental documents are challenged in
3court, the validity of the amendments and any associated
4environmental
documents has been upheld in a final decision.
5(c) This section does not change or diminish existing
6requirements of local flood plain management laws, ordinances,
7resolutions, or regulations necessary to local agency participation
8in the national flood insurance program.
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