Bill Text: CA AB747 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 747 (Prior Session Legislation)

Bill Title: Planning and land use: Sacramento-San Joaquin Valley.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2015-08-10 - Chaptered by Secretary of State - Chapter 152, Statutes of 2015. [AB747 Detail]

Download: California-2015-AB747-Chaptered.html

BILL NUMBER: AB 747	CHAPTERED
	BILL TEXT

	CHAPTER  152
	FILED WITH SECRETARY OF STATE  AUGUST 10, 2015
	APPROVED BY GOVERNOR  AUGUST 10, 2015
	PASSED THE SENATE  JULY 16, 2015
	PASSED THE ASSEMBLY  APRIL 30, 2015

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, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65962 of the Government Code is amended to
read:
   65962.  (a) Notwithstanding any other law, after the amendments
required by Sections 65302.9 and 65860.1 have become effective, each
city and county within the Sacramento-San Joaquin Valley shall not
approve a discretionary permit or other discretionary 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, 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, one of the following:
   (1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level of
flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection in
nonurbanized areas.
   (2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
   (3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
   (4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.
   (b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
   (c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique land use planning considerations relative to
flood hazard zones in the Sacramento-San Joaquin Valley.