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APPROVE 200-YEAR URBAN LEVEL OF FLOOD PROTECTION ADEQUATE PROGRESS FINDING FOR MOSSDALE TRACT - WESTON RANCH AREA
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RECOMMENDATION
It is recommended that the City Council adopt a Resolution approving a 200-year urban level of flood protection adequate progress finding for Mossdale Tract inclusive of the Weston Ranch area.
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Summary
Adoption of the proposed Resolution will enable new residential construction within the Mossdale Tract inclusive of the Weston Ranch area. The Mossdale Tract is located on the south end of the City of Stockton, west of Interstate 5 and extends south to include significant portions of the Cities of Lathrop and Manteca and San Joaquin County (See Attachment A - Mossdale Tract Map). The Mossdale Tract is protected by a levee system along the San Joaquin River, which is maintained by Reclamation District 17 (RD 17) and certified by the Flood Emergency Management Agency (FEMA) for the 100-year level of protection. According to the State’s 200-year flood protection program, commonly known as SB 5 (Central Valley Flood Protection Act of 2008, Chp 364, Stats 2007), some lands within Mossdale Tract are in deeper floodplain where flood waters could exceed 10 feet in depth. SB 5 requires that certain types of new development not be approved unless local planning agencies make findings that new development will have 200-year protection.
Mossdale Tract contains a portion of the City’s territory that is predominantly developed within the Weston Ranch planned development project. However, approximately 190 acres remain undeveloped and unable to advance due to the 200-year protection requirements. The Cities of Lathrop and Manteca have significantly more territory with approved and active development limited by the flood regulations. The cities of Lathrop and Manteca along with developers funded engineering studies and financial cost analysis to determine the necessary improvements to achieve 200-year protection for Mossdale Tract. Both Cities relied on these engineering studies, financial reports and other activities to make SB 5 findings of adequate progress on levee system improvements which allowed continued development.
To be successful in pursuing State and Federal approvals for the 200-year levee system improvements and funding for Mossdale Tract, the Cities of Stockton, Lathrop, Manteca, County of San Joaquin and San Joaquin Area Flood Control Agency (SJAFCA) unified by approving an amended and restated Joint Exercise of Powers Agreement, effective January 1, 2018 (Approved by Council motion 2018-01-23-1106). On June 28, 2018, SJAFCA prepared and submitted an annual adequate progress report for Mossdale Tract to the State’s Central Valley Flood Protection Board. Staff recommends that Council adopt the proposed Resolution, which finds that adequate progress is being made to construct 200-year flood protection improvements for the Mossdale Tract levee system. This will allow for subsequent approvals of discretionary planning applications and ministerial building permits for new residential construction within that portion of the City of Stockton.
DISCUSSION
Background
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 and became effective on July 2, 2016. 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.
The Mossdale Tract is located west of Interstate 5 and south of the French Camp Slough and includes portions of the Cities of Stockton, Lathrop, and Manteca and the County of San Joaquin. A system of levees is operated and maintained by Reclamation District 17 and currently protects the tract area to the 100-year level of protection according to FEMA standards, which correlates to standards in the National Flood Insurance Program. Based on the 200-year floodplain map, the Mossdale Tract may be subject to flood depths of 10 feet or greater (Attachment C - 200-Year Floodplain Map).
The City of Stockton’s portion of the tract is predominantly developed consisting of approximately 6,500 homes and a neighborhood commercial shopping center constructed within the Weston Ranch planned development. Approximately 190 acres in the City limits remain undeveloped. Some of this area has city approval to develop, but has been postponed due to the 200-year flood protection requirements.
The Cities of Lathrop and Manteca have substantially more active development occurring in Mossdale Tract, which would have been impaired by the 200-year flood regulation when it became effective on July 2, 2016. However, the cities and their concerned developers jointly funded studies (in excess of $3 million) to determine the necessary improvements to the Mossdale Tract levee system to achieve 200-year flood protection. A financial analysis was prepared to identify how the improvements could be financed through a combination of Federal, State and local funds. Local funds would be derived from implementation of a regional flood impact fee and formation of an assessment district. Lathrop and Manteca relied on the engineering report and other activities as substantial evidence to each make SB5 findings for adequate progress beginning in 2016. An annual report was submitted to the State of California Central Valley Flood Protection Board to document progress. Since then, Lathrop and Manteca have approved additional development in Mossdale Tract based on their adequate progress findings.
Present Situation
The San Joaquin Area Flood Control Agency (SJAFCA), Cities of Stockton, Lathrop, Manteca and San Joaquin County are collectively working to advance preliminary designs for the 200-year improvements to the Mossdale Tract levee system for submittal to the necessary State and Federal agencies to secure funding and permit approvals. To better develop a regional voice when interacting with these agencies, the local Cities and County agreed to expand SJAFCA’s joint powers board and responsibilities to include Mossdale Tract (effective January 1, 2018). As a result, SJAFCA is now the lead agency in pursuing financing and preliminary design approvals. SJAFCA also assumed responsibility for preparing the annual adequate progress report on behalf of its member agencies.
On June 28, 2018, SJAFCA submitted the annual adequate progress report (entitled “Mossdale Tract Program: 2018 Annual Adequate Progress Report Update for Urban Level of Flood Protection Final Report”, dated June 28, 2018) to the State’s Central Valley Flood Protection Board (See Proposed Resolution). The report provides status updates on the engineering design and financing program, which relies on a combination of Federal, State and local funding that may be derived from the implementation of a regional flood impact fee, assessment district and other programs. This report serves as the substantial evidence in the record for Stockton and other agencies with land use authority to make a finding for approving development applications. Staff recommends that Council adopt the proposed Resolution, which finds that adequate progress is being made to construct 200-year flood protection improvements to the Mossdale Tract levee system. This regional finding can be relied upon to approve subsequent discretionary planning applications and ministerial building permits for new residential construction within that portion of the City of Stockton.
FINANCIAL SUMMARY
There is no immediate financial impact to the City as a result of the proposed Council action to approve the SB 5 adequate progress finding for Mossdale Tract. Based on the approved Financing Plan, there also is no anticipated cost or loss of revenues in the long-term. SB5 prevents new development in this absent flood improvements, and therefore future tax growth in this area is limited. Dedication of future tax increments related to new development that would not exist absent 200-year flood protection is not estimated to reduce revenues currently forecast in the Long-Range Financial Plan. However, implementation of the 200-year Project Financing Plan may require commitments by the member agencies to initiate planning efforts. Member agencies may be asked to provide continued start-up funding for expanded SJAFCA activities assuming full reimbursement from future SJAFCA proceeds as outlined in the amended and restated SJAFCA Joint Exercise of Powers and other agreements.
Attachment A - Mossdale Tract Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map