Existing law provides that unless a city or county within the Sacramento-San Joaquin Valley makes certain findings after the effective date of specified amendments to its general plan and zoning ordinance, the Planning and Zoning Law prohibits a city or county from entering into a development agreement for property located in a flood hazard zone; approving a discretionary permit, ministerial permit, or other discretionary entitlement for a project that is located within a flood hazard zone, as specified; or approving a tentative map, or a parcel map for which a tentative map was not required, for a subdivision that is located within a flood hazard zone. Those findings include, among others, that the local flood management agency has made adequate progress 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. Existing law further requires urban and urbanizing areas protected by any levee that is part of the facilities of the State Plan of Flood Control to achieve the urban level of flood protection by 2025, with a specified exception to the deadline for the Mossdale Tract to achieve the urban level of flood protection by 2028 and for the City of West Sacramento to achieve the urban level of flood protection by 2030.
Existing law authorizes the Department of Water Resources to require the San Joaquin Area Flood Control Agency and the West Sacramento Area Flood Control Agency to contribute its fair and reasonable share of any property damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving any new development in the Mossdale Tract between the years 2025 and 2028 and the City of West Sacramento between the years 2025 and
2030, respectively.
This bill would extend the specified exception to the deadline for the Mossdale Tract and the City of West Sacramento to achieve the urban level of flood protection to 2040. The bill would also extend the Department of Water Resources’ authority to require the San Joaquin Area Flood Control Agency and the West Sacramento Area Flood Control Agency to contribute its fair and reasonable share of property damage, as described above, to between the years 2025 and 2040.
This bill would require, on or before December 31, 2028, and every 5 years thereafter until December 31, 2038, the West Sacramento Area Flood Control Agency and the San Joaquin Area Flood Control Agency to provide a report to the Senate Natural Resources and Water Committee, the Assembly Water, Parks, and Wildlife Committee, the Senate Budget Subcommittee No. 2,
and the Assembly Budget Subcommittee No. 4 describing plans and actions taken to improve flood protection in the preceding 5 years in the City of West Sacramento and the Mossdale Tract, as specified. The bill would repeal these reporting requirements on January 1, 2039.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Valley.
This bill would declare that it is to take effect immediately as an urgency statute.