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TITLE 16 AMENDMENT RELATED TO DEVELOPMENT IN 200-YEAR FLOODPLAINS
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RECOMMENDATION
Staff recommends the Planning Commission forward a recommendation to the City Council to approve an amendment to Title 15 of the Stockton Municipal Code, Section 15.44.040, “Definitions;” and adding Section 15.44.135, “Allowable Land Uses and Permit Requirements;” and an amendment to Title 16 of the Stockton Municipal Code, Section 16.20.020, Table 2-2, “Allowable Land Uses and Permit Requirements;” Section 16.36.110, “Setback regulations and exceptions;” and adding Chapter 16.90 “Floodplain Management Findings;” related to compliance with state floodplain management law (Senate Bill 5).
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Summary
On June 23, 2015, the City Council approved, based on the recommendation of the Planning Commission, a General Plan Amendment to comply with State law, commonly referred to as Senate Bill 5 (SB 5), which modified existing and incorporated new goals, policies, and implementation measures related to 200-year flood risk and protection. SB 5 mandates the City to amend its zoning ordinance within 12 months from date of General Plan amendment to incorporate new findings related to development in the 200-year floodplain and ensure the code is consistent with the General Plan. As a result, staff prepared and is recommending a zoning ordinance amendment and a building code amendment that comply with SB 5.
DISCUSSION
Background
The Central Valley Flood Protection Act of 2008 (Chp. 364, Stats. 2007), commonly referred to as SB 5, contained provisions requiring local agencies to incorporate flood risk considerations into land use planning. This legislation primarily focused on establishing a higher level of flood protection for the Sacramento-San Joaquin Valley within an area defined as the Sacramento-San Joaquin Hydrologic Regions (See Attachment A - Regional Flood Map).
SB 5 requires each city and county within the Sacramento-San Joaquin Valley, including charter cities like Stockton, to amend its general plan by July 2, 2015 to include data and analysis from the State’s Flood Protection Plan and goals and polices for the protection of lives and property that will reduce the risk of flood damage from a 200-year flood event. This 200-year flood event protection is referred to as the “urban level of flood protection”. A 200-year flood event is one that statistically occurs on the average of once every 200 years, or has a 0.5 percent chance of occurring in any given year. Additionally, SB 5 requires each of those cities and counties to amend its zoning ordinance to be consistent with its general plan within 12 months of amending its general plan (Government Code Section 65860.1).
A 200-year floodplain map was developed for the Stockton area, in collaboration with the State Department of Water Resources (see Attachment B- 200-Year Floodplain Map). It shows areas of flood depth throughout the entire Stockton metropolitan area. The State law makes a distinction on flood depths of three feet or less as being attributable to localized drainage and considered shallow flooding. Shallow flooding areas are not considered to be within the 200-year floodplain (shown in blue on the map). The map identifies a significant portion of the westerly side of the City near Interstate 5 and some isolated areas within the central and easterly side of the City inundated in excess of three feet during a 200-year event (shown in yellow, orange, or red on the maps). It is important to understand that this map which has been prepared to comply with the state law, is completely independent of the FEMA 100-year flood maps, which are associated with the National Flood Insurance Program.
In accordance with the law, Stockton completed its SB 5 required General Plan amendment prior to July 2, 2015. The Planning Commission considered the amendment and forwarded a recommendation to City Council to approve a General Plan Amendment to modify existing and incorporate new goals, policies, and implementation measures related to 200-year flood risk and protection on May 15, 2015 (Resolution No. 2015-05-14-1501). Subsequently, on June 23, 2015, the City Council approved the General Plan Amendment (Resolution No. 2015-06-23-1601). As a result, the 12-month period to complete the mandated zoning ordinance amendment ends on June 23, 2016. In Stockton, the zoning regulations are contained in the Development Code, Title 16 of the Stockton Municipal Code.
Present Situation
City staff prepared and is recommending an amendment to Title 16 that addresses revisions necessary to comply with SB 5. In addition, staff is recommending an amendment to Title 15 (building code) to comply with SB 5 (Attachment C - Ordinance (Redline Version)).
SB 5 requires that cities and counties make a “finding” related to a 200-year level of flood protection, defined in the law as the “urban level of flood protection” for any of the following pending land-use decisions:
• Entering into a development agreement for all types of property development
• Approving 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.
• Approving a ministerial permit that would result in the construction of a new residence.
• Approving a tentative map consistent with the Subdivision Map Act for all subdivisions.
• Approving a parcel map for which a tentative parcel map is not required, consistent with the Subdivision Map Act.
A “finding” is commonly required in making land use decisions, to ensure there is supporting evidence on the record for making a decision of approval or denial. The City’s Development Code contains certain findings within each of the specific land use application sections that shall be made prior to making a decision for approval.
SB5 introduces a new finding related to a 200-year level of flood protection, based on substantial evidence in the record that is required prior to approving any of the above land use entitlements. In order to implement SB 5 required findings, Staff is proposing the addition of a new Chapter 16.90 Flood Management Findings for an Urban Level of Flood Protection. The new Chapter will apply the findings broadly to the above specified land use applications contained in various divisions of the Code.
This finding must consist of one of the following:
1. The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas; or
2. The city has imposed conditions on the development agreement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas; or
3. The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that 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 non-urbanized areas for property located within a flood hazard zone, intended to be protected by the system; or
4. The property in an undetermined risk area has met the urban level of flood protection; or
5. The property is located in an area of potential flooding of three (3) feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage in urban and urbanizing areas; or
6. The property is located within a watershed with a contributing area of 10 or fewer square miles in urban and urbanizing areas.
As typical with any other finding required by the Code, the project applicant is responsible for developing and furnishing the City with the substantial evidence to support the required finding. The 200-year floodplain map would be the initial supporting evidence used to demonstrate if the development is outside of the 200-year floodplain. If this cannot be easily determined from the 200-year map, then as specified in the State’s prepared guidance (entitled “Urban Level of Flood Protection Criteria”, dated November 2013), a report prepared by a professional licensed civil engineer in California will be necessary to identify the level of flood protection that is existing and any additional improvements needed to achieve the urban level of flood protection. Further, the project applicant will be responsible for funding the City’s commissioning of an independent panel of experts to peer review the civil engineer’s report. If the City is unable to make one of the required findings above, the City is prohibited from approving the project.
The proposed Code amendment includes revisions to Table 2-2 Allowable Land Uses and Permit Requirements. Specifically, proposed revisions will change the level of permitting required for certain non-residential land uses from a discretionary permit to allowable, subject to obtaining a ministerial permit (permitted “by-right”). Under SB5, non-residential ministerial permits are not subject to making a finding. The specific non-residential land use types proposed to be changed are uses that do not typically result in specific conditions of use being applied. As an example, an office building use in the Commercial, Office (CO) zoning district is recommended for change to a permitted use since this use is considered to be innocuous if located within the CO zone. Although the proposed changes would result in certain land uses not being subject to SB 5 findings, staff had intended to recommend these changes, regardless of SB 5, to improve permit streamlining and efficiencies.
In order to promote additional permit streamlining and efficiencies, staff is also recommending changes to the level of permitting required for certain residential land uses. The proposed changes will reduce permit requirements from a discretionary permit to allowable, subject to obtaining a ministerial permit (permitted “by-right”). Since an SB 5 finding would still be required for a ministerial permit for a new residence, this change does not change floodplain regulations related to SB 5, but staff felt this was an opportune time to address a more comprehensive update to Table 2-2 to improve permit streamlining and efficiencies.
Although SB 5 requires Stockton to amend its zoning ordinance (Title 16), Staff is additionally recommending an amendment to SMC Title 15 Buildings and Construction, to address the review and findings required for ministerial building permits. Since, the revisions to Title 15 are related to the planning revisions in Title 16, the Planning Commission is authorized to review and recommend amendments to that title as well pursuant to SMC 16.212.040(F)(c). Therefore, staff is requesting the Planning Commission’s review and recommendation to the Council on the comprehensive amendments to Titles 15 and 16.
Environmental Review
The proposed SMC amendments are exempt from the California Environmental Quality Act (CEQA) under the “general rule” that CEQA applies only to projects that have the potential for causing significant environmental effects, as specified in Section 15061(b)(3). Approval of the required amendments constitutes an administrative action that will not result in direct or indirect physical changes in the environment, and any future projects that would rely on these amendments, will require further case-specific environmental review under CEQA.
The staff report was prepared by Planning Manager Michael McDowell. (209) 937-8690; michael.mcdowell@stocktonca.gov.
Attachment A - Regional Flood Map
Attachment B - 200-Year Floodplain Map
Attachment C - Ordinance (Redline Version)