Sacramento-San Joaquin Valley: flood management.

The Planning and Zoning Law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley, after specified general plan amendments have been made, and corresponding zoning ordinances adopted, from taking specified actions regarding property located within a flood hazard zone unless the city or county makes specified findings including, among other requirements, that the local flood management agency has made adequate progress on the construction of a flood protection system that will result in a specified level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas, as specified. That law defines adequate progress as meaning that, among other conditions being met, critical features of the flood protection system are under construction, and each critical feature is progressing as indicated by the actual expenditure of the construction budget funds. This bill would instead require the city or county to make a finding that the local flood management agency is making adequate progress towards a flood protection system. This bill would authorize the Central Valley Flood Protection Board to determine, in its sole discretion, that preconstruction planning or design activities of a flood protection system by the local flood management agency are sufficient to constitute adequate progress. This bill would require this determination by the board to expire 18 months after it is made unless the flood protection system has progressed to construction or the local flood management agency submits a report to the board showing that adequate progress continues to be made. If the board determines that adequate progress is continuing, the bill would require this subsequent determination to expire 18 months after it is made. This bill would also revise the definition of adequate progress to include the critical features of the flood protection system being planned or designed and this determination by the board, if any, has not expired. Existing law prohibits a city and county within the Sacramento-San Joaquin Valley from approving a discretionary permit or other discretionary entitlement for a project that is located within a flood hazard zone, unless the city or county finds, based on substantial evidence in the record, that certain criteria is met. This bill would instead only prohibit a city or county from approving a discretionary permit or other discretionary entitlement for a building that would result in more than a 50% increase in allowed occupancy.