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APPROVE 200-YEAR URBAN LEVEL OF FLOOD PROTECTION AREA FINDING FOR RECLAMATION DISTRICT 2042
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RECOMMENDATION
It is recommended that City Council adopt a Resolution approving a 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area.
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Summary
Reclamation District 2042 (RD 2042) is located on the north end of the City of Stockton and just west of Interstate 5 (See Attachment A - RD 2042 Map). RD 2042 is a local flood management agency that operates and maintains a flood levee system that protects properties within the District to the Flood Emergency Management Agency (FEMA) required 100-year level of protection.
State and local regulations require that the City not approve new development unless findings can be made that the new development will be protected to the 200-year level of protection. One potential finding that can be made for the approval of a new development is that the local flood management agency is making adequate progress on the construction of 200-year flood protection improvements. This finding requires substantial evidence to assure the improvements will be completed RD 2042 provided the City with engineering analysis, a scope of work, cost, and schedule for completing the levee improvements necessary to meet the 200-year Senate Bill 5 standards (Central Valley Flood Protection Act of 2008, Chp. 364, Stats. 2007) and requests that the City make an adequate progress finding for the entire RD 2042 boundary area. This finding will allow subsequent approval of discretionary planning applications and building permits for construction of new residential units within the RD 2042 boundaries. Staff reviewed the evidence provided, and recommends that Council adopt a resolution approving a 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area.
DISCUSSION
Background
RD 2042’s levees are currently accredited to 100-year FEMA standards, which correlates to the National Flood Insurance Program. Approximately one-third of the District area is currently within Stockton City limits and consists of existing commercial and residential developed properties, along with undeveloped properties that are approved and entitled for planned development. Notable entitled developments include the Westlake Villages Master Development Plan, consisting of 2,630 single family units on 680 acres (12% of units built) and Crystal Bay, consisting of 951 single family units on 156 acres (0% of units built).
On May 24, 2016, the City Council approved an amendment to the Stockton Municipal Code to comply with a State mandate for new development to have 200-year flood protection (Central Valley Flood Protection Act of 2008, Chp. 364, Stats. 2007). This regulation is commonly referred to as Senate Bill (SB) 5. Attachment B contains an overview of SB 5 and the City’s process for complying with the regulation, including the various findings that can be made before approving development projects.
Based on the 200-year floodplain map, RD 2042 is located within the deep floodplain area, with portions in excess of 10’ of flood depth (Attachment C - 200-Year Flood Map). RD 2042 hired a qualified civil engineer and conducted an evaluation of its levees in accordance with the SB 5 standards to identify any deficiencies and measures needed to achieve 200-year protection (Exhibit 1). The District funded the City’s commissioning of an independent panel of experts (IPE) to conduct a review and provide comments on the RD’s engineering report in accordance with SB 5.
The final engineering report concludes the RD 2042 levee system requires relatively minor improvements to meet the 200-year flood protection requirements. The total cost of the improvements is approximately $2.9 million. The City’s IPE concurs with the final engineering report.
Present Situation
RD2042 requests that the City use the Final Engineering Report as substantial evidence to make an SB 5 finding of "adequate progress" for the entire RD 2042 boundary area. RD 2042 additionally provided the City with an adequate progress report which commits the District to performing a scope of work for the improvements over an 8-year period. The District will fund the improvements, with construction work already under way in this Fiscal Year 2017 and anticipated to be completed in the year 2024. The District is responsible for preparing and submitting annual progress reports to the State and City to maintain its SB 5 adequate progress finding.
Staff recommends that Council adopt the proposed Resolution which finds that RD 2042 is making adequate progress on the construction of improvements that will provide the 200-year level of flood protection for the District area. This area wide finding can be relied upon to approve subsequent discretionary planning applications or ministerial building permits for new residential construction.
FINANCIAL SUMMARY
There is no anticipated financial impact to the City of Stockton as a result of the proposed Council action to approve an SB 5 finding for the RD 2042 boundary area.
Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map