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STUDY SESSION: REQUIRED ZONING CODE (TITLE 16) AMENDMENT TO COMPLY WITH STATE LAW (SENATE BILL 5) RELATED TO DEVELOPMENT IN 200-YEAR FLOODPLAINS
recommended action
RECOMMENDATION
This item is for information only and no Council action is necessary.
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Summary
Staff will provide an overview of Senate Bill 5 (SB 5) including the new state requirements for the City to amend its zoning ordinance (Title 16) to address floodplain management within 200-year floodplains. SB5 requires a higher level of flood protection than that required by FEMA and also requires that cities and counties within the central valley to amend their zoning codes to incorporate new statutory findings when local agencies make certain land use decisions. It is recommended that Council receive an informational presentation regarding the City’s efforts to comply with zoning ordinance changes in preparation for a future hearing.
DISCUSSION
Background
The Central Valley Flood Protection Act of 2008, commonly referred to as SB 5, requires local agencies to incorporate flood risk considerations into land use planning. This legislation primarily focused on requiring a higher level of flood protection for the Sacramento-San Joaquin Valley (Attachment A - Hydrologic Region Map).
SB 5 required each city and county within the Sacramento-San Joaquin Valley, including charter cities, to amend its general plan by July 2, 2015 to reduce the risk of property damage and loss of life in the event of a 200-year flood. General Plans were to be amended to include data and analysis from the Flood Protection Plan and set goals and policies to reduce flood risk. 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 floodplain map was developed for the Stockton area that shows areas where flooding in excess of three feet in depth is anticipated during a 200-year flood event. (Attachment B - 200-Year Floodplain 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 areas of the City as having flood depths in excess of three feet during a 200-year event (shown in yellow, orange, or red on the maps, with red indicating the deepest areas). It is important to understand that this map is completely independent of the FEMA 100-year flood maps, which are associated with the National Flood Insurance Program.
Actions to date
City Council adopted the SB5 general plan amendment on June 23, 2015. The current schedule has been compressed, but has included outreach with a study session at planning commission, formal planning commission recommendation, a presentation to the Development Oversight Commission, and this study session prior to presenting the zoning ordinance amendment to City Council on May 24th.
The zoning code amendment incorporates the necessary SB5 requirements of state law into our local ordinance as follows:
• Affects land use decisions including:
1. approval of development agreements
2. approval of tentative maps
3. approval of discretionary permits (i.e. use permits)
4. approval of building permits for new residences
• Requires SB 5 findings including:
1. that the project already has 200-year level protection; or
2. that the project has been conditioned to provide the 200-year protection; or
3. that the flood protection improvements are under construction that will allow for “adequate progress”; or
4. that the project is in a shallow 200-year floodplain
• Authorizes establishment of city standards
1. that must be consistent with State criteria
2. incorporate development standards that provides for greater local flexibility consistent with state criteria
There has been considerable effort and diligence in providing a SB5 compliant program including the general plan amendment and now a zoning code amendment. The consequences of not complying with SB5 can include the following:
• city may be found liable for flood damage,
• legal challenges to development approvals, and
• adverse impacts to economic development due to legal uncertainty.
In taking the compliant path, there is a long-term and short-term strategy. The long-term strategy includes improving levees to provide 200-year level protection. Currently, none of the levees protecting the City have been certified by a licensed engineer as providing 200-year level protection. Since 2009, the San Joaquin Area Flood Control Agency (SJAFCA) has been working in partnership with the State and Federal governments on a feasibility study to identify the required levee improvements to achieve 200-year flood protection. This study has identified the cost of providing 200-year level protection for the Stockton metropolitan area at roughly $1 billion. Although the eventual cost of these improvements may be less, it likely will still be in the hundreds of millions of dollars, and may be cost prohibitive without significant State and Federal assistance.
Because the receipt of State and Federal funding assistance is uncertain for at least the next several years, the City will be utilizing a variety of interim/short-term strategies to make the required findings to support the issuance of permits for development projects. These include the following:
• Shallow flooding exemptions (where estimated depths are 3 feet or less),
• Conversion of some non-residential discretionary uses to “by-right” uses,
• Raising building pads and finished floors to achieve shallow flooding levels where appropriate,
• Raising living areas to second story level and restricting the lower level to garage and storage areas, and
• Floodproofing non-residential structures below flood level.
To assist customers including home or commercial builders in determining the most appropriate course of action in their construction methods and to be compliant with SB 5, an online tool was developed. This tool provides our customers an initial assessment of flood depths prior to determining the appropriate architectural/engineering method of development or construction. In some cases, a report prepared by a licensed engineer may be required to determine the existing level of flood protection and any improvements required to provide 200-year flood protection.
Staff believes that the long-term and short-term strategies together can address the requirements of SB 5. As identified in the 200-year floodplain map, a significant portion of the city is affected by SB 5. However, since there are varying degrees of floodplain depth requirements under SB 5, it is staff’s belief that the various interim strategies identified above and implemented in our proposed zoning amendments will be SB 5-compliant.
Attachment A - Hydrologic Region Map
Attachment B - 200-Year Floodplain Map