This chapter implements the requirements of Senate Bill 5 (2007)
and related legislation that prohibit approval of urban development
in urban and urbanizing areas that are exposed to 200-year flooding
risk unless certain findings are made. These requirements are established
in the California
Government Code at Sections 65865.5, 65962 and 66474.5,
as amended.
(Ord. 16-361 § 1)
"200-year floodplain map"
is a map approved by the city engineer for urban and urbanizing
areas that depicts geographic areas that may be exposed to 200-year
frequency flooding, and, if available, the depth of flooding during
a 200-year flooding event.
"200-year frequency flooding"
is the level of flooding that has a one in 200 chance of
occurring in any given year using criteria consistent with, or developed
by, the California Department of Water Resources.
"Flood hazard zone"
is an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA), as also defined in Section
15.56.050.
"New development"
is defined as:
1.
A development agreement; or
2.
A tentative subdivision map, or a parcel map for which a tentative
map was not required; or
3.
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; or
4.
A ministerial permit that would result in the construction of
a new residence.
"Urban level of flood protection (ULOP)"
means the level of protection that is necessary to withstand
200-year frequency flooding. ULOP shall not mean shallow flooding
or flooding from local drainage that meets the criteria of the national
Federal Emergency Management Agency standard of flood protection (Government
Code Section 65007).
(Ord. 16-361 § 1)
After July 2, 2016, unless that date is amended by the State
Legislature, new development shall not be approved where 200-year
flooding, as shown on a 200-year floodplain map, will exceed three
feet in depth, or in flood hazard zones where 200-year floodplain
maps have not been approved by the city engineer, unless the approval
authority determines based on substantial evidence in the record that:
A. The
facilities of the State Plan of Flood Control or other flood management
facilities protect the new development site 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
B. Conditions
imposed on the new development 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
C. 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, or the national Federal Emergency Management
Agency standard of flood protection in non-urbanized areas, for a
new development site located within a flood hazard zone intended to
be protected by the system. For urban and urbanizing areas protected
by project levees, the urban level of flood protection shall be achieved
by 2025; or
D. The
new development site located in an undetermined risk area has met
the urban level of flood protection based on substantial evidence
in the record.
(Ord. 16-361 § 1)