HomeMy WebLinkAboutMINUTES - 06032008 - C.96 TO: BOARD OF SUPERVISORS
Contra
FROM: TRANSPORTATION, WATER y' Costa
. ..�..
AND INFRASTRUCTURE COMMITTE
County
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DATE: MAY 19, 2008
SUBJECT: REPORT ON RECENT STATE MANDATES REGARDING THE GENERAL PLAN'S
SAFETY ELEMENT AND RECOMMENDATION TO AUTHORIZE THE DEPARTMENT
OF CONSERVATION & DEVELOPMENT TO INITIATE A GENERAL PLAN
AMENDMENT STUDY TO UPDATE THE SAFETY ELEMENT AND OTHER GENERAL
PLAN ELEMENTS, AS NECESSARY, IN RESPONSE TO RECENT STATE
MANDATES (COUNTYWIDE)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. ACCEPT report on recently enacted state mandates regarding the General Plan's Safety
Element, including new flood protection laws under Assembly Bill 162 and Senate Bill 5, new
11
fire hazard severity zone maps issued by Cal Fire, and local hazard mitigation plan.
CONTINUED ON ATTACHMENT:- % X YES SIGNATURE
RECOMMENDATION OF C� N Y ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUR Sy S i r Ma Ne'edl ie ho ' S ervisor Ga le B. Uilkema, Chair
ACTION OF B �Ti.�n 3 adek APPROVED AS RECOMMENDED OTHER_
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
V E OF SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF
UNANIMOUS (ABSENT/L& t SUPERVISORS ON THE DATE SHOWN
AYES: NOES:
ABSENT: ABSTAIN:
Contact: P. Roche,CDD-AP(925)335-1242 ATTESTED
cc: CAO JOHN CULL CLERK OF THE BOARD OF
Clerk of the Board SUPERVIS ND COUNTY ADMINISTRATOR
County Counsel
Public Works Department
Office of Emergency services B EPUTY
- — -- --- -
May 19, 2008
TW I Committee Report and Recommendation on GPA study to update Safety Element
Page 2
RECOMMENDATIONS - continued
2. AUTHORIZE the Department of Conservation &;Development to initiate a General Plan
Amendment study to consider updates to the Safety Element, and other relevant General
Plan elements, in response to recent state actions, including; new flood protection laws
under Assembly Bill 162 and Senate Bill 5 mandating new flood hazard maps and policies
based on a 200 year flood event, new fire hazard severity zone maps for Contra Costa
County as issued by Cal Fire, and the incorporation of the County's approved local hazard
mitigation plan to maintain eligibility for disaster assistance funding from the state.
FISCAL IMPACT
Initiation of the General Plan Amendment study to consider updates to the Safety Element would be
an unfunded mandate. The costs for the preparation of the General Plan Amendment study would be
incurred by both the Community Development and Public Works departments. These costs are
estimated to be in the range of $75,000-$125,000.
BACKGROUND / REASONS FOR RECOMMENDATION
The Transportation, I
p Water, and Infrastructure (TW&I) Committee has been regularly monitoring
proposed state legislation and other mandates from the state to assess potential impacts to the
County. It has come to the TW&I Committee's attention that new state laws on flood protection, and
other recent state actions, including, the release of new;fire hazard severity zone maps for Contra
Costa County, and the requirement for an approved local Ghazard mitigation plan to maintain eligibility
for disaster assistance funding, collectively indicate that an update of the General Plan's Safety
Element is necessary. This report describe the recent state actions that affect the Safety Element and
recommends authorization for a General Plan Amendment study for the purpose of updating the
Safety Element in response to new state mandates and requirements.
New State Flood Protection Laws
The TW&I Committee has received a staff report from Department of Conservation & Development
and Public Works Department regarding a package of state legislation enacted at the end of 2007 that
establishes new flood protection measures which local governments are now mandated to incorporate
into their General Plan. Two new state'flood protection laws, Senate Bill 5 and Assembly Bill 162,
which will have a direct bearing specifically on the Safety Element and in general on the land use
process in Contra Costa,County.
SB 5— Central Valley Flood Protection Board and Central Valley Flood Protection Plan
Senate Bill 5 reorganizes the State Reclamation Board into a new body called the Central Valley Flood
Protection Board (CVFPB). The CVFPB powers and responsibilities are expanded beyond the
Reclamation Board's traditional oversight for state project levees to include the review and adoption of
a Central Valley Flood Protection.Plan by July 1, 2012. The CVFPB will be responsible for establishing
a comprehensive set of policies to move towards 21St Century flood protection, coordinating state and
local efforts to connect land use decisions and flood management protection.
9�
May 19, 2008
TWI Committee Report and Recommendation on GPA study to update Safety Element
Page 3
BACKGROUND / REASONS FOR RECOMMENDATION - continued
The California Department of Water Resources(DWR)is the state agency tasked with responsibility of
preparing the plan for flood protection for CVFPB. DWR will be responsible for producing 100-year
and 200-year flood hazard zone maps for the Sacramento and San Joaquin rivers and tributaries as
the basis for the state plan by July 2008 and prepare a state flood protection plan by 2010.
Once the state flood protection plan is adopted by the CVFPB on or by July 1, 2012, SB 5 requires:
• Protection from a 200-year flood as the new standard for proposed projects in urban and
urbanizing areas (10,000 or more residents) within CVFPB jurisdiction - state legislature has
declared that 100-year standard is not sufficient to protect urban areas;
• On or before January 1, 2009, DWR shall propose to California Building Standards
Commission new building standards for construction within areas of CVFPD jurisdiction
anticipated to exceed 3-feet for a 200-year flood event;
• Local governments within CVFPB jurisdiction have 24 months to amend their General Plan to
incorporate the state flood protection plan's data and analysis and its goals and policies for
flood protection, and another 12 months to amend zoning to reflect the state flood protection
plan;
• Local governments within CVFPB jurisdiction are prohibited from entering into a development
agreement for any property that located within a flood hazard zone identified by the state plan
unless certain findings can be made based on substantial evidence; and,
• Local governments within CVFPB jurisdiction are prohibited from approving any discretionary
permit or entitlement, or any ministerial permit that would result in the construction of a new
residence within a flood hazard zone identified by the state plan unless certain findings can be
made based on substantial evidence.
The jurisdiction of the CVFPB will cover land area within the Sacramento and San Joaquin rivers
and its tributaries. The law defines this area as the Sacramento-San Joaquin Drainage District
which is depicted in the attached map. A close examination of this map shows that certain
unincorporated areas, including Discovery Bay, Orwood Tract, Hotchkiss Tract, and Bethel Island,
fall within the boundary of the Sacramento-San Joaquin Drainage District(see dashed line on the
map). This new law mandates that protection against the 200-year flood event will become the
threshold of significance by which flood risk is evaluated for environmental review(CEQA)for land
area under CVFPB jurisdiction. It is further noted that if the DWR maps, which are to be released
in July 2008, were to show any of the unincorporated areas of Contra Costa County subject to
CVFPB jurisdiction are within DWR-mapped flood hazard zones there could be implications forthe
County when considering proposed projects in such areas, if it cannot be clearly demonstrated the
project can meet the standard of protection from a 200-year flood event.
May 19, 2008
TW I Committee Report and Recommendation on GPA study to update Safety Element
Page 4
BACKGROUND / REASONS FOR RECOMMENDATION - continued
AB 162— Update Flood Hazard Maps and Flood Protection Policies in General Plan
-Assembly Bill 162 requires cities and counties statewide to increase their attention to flood protection
matters in the Safety Elements, and other relevant elements(such as Land Use and Conservation)of
their General Plans. It requires upon the next revision of the Housing Element, on or after January 1,
2009, the Safety Element to have updated maps and information regarding flood hazards based on a
200-year flood event and based on this updated information establish a comprehensive set of flood
protection policies and implementation measures in the Safety Element, and/or other elements. If the
city or county is within the jurisdiction of the CVFPB, a draft amendment to the Safety Element that
updates maps and information regarding flood hazards based on a 200-year flood event must be
submitted to CVFPB for sixty(60) day review prior to adoption.
It is noted that the flood hazard data and maps in the Safety Element to the Contra Costa County
General Plan (2005-2020)are based on a 100-year flood event.. See attached excerpt from the Safety
Element, Section 10.8 Flood Hazards, pages 10-26 to 10-34. The flood hazard data and map and
flood protection measures in this section of the Safety Element will need to be updated based on a
200-year flood event, along .with relevant sections in the Land Use and Conservation elements,
pursuant to the requirements of AB 162. Also,AB 162 essentially mandates that protection against the
200-year flood event will become the threshold of significance by which flood risk is evaluated for
environmental review (CEQA), and presumably this new CEQA threshold of significance would be
applied to projects beginning January 1, 2009, or earlier, if new 200-year flood hazard maps become
available.
New Fire Hazard Severity Zone Maps for Contra Costa County Issued by Cal Fire
The California Department of Forestry and Fire Protection (Cal Fire) has been updating fire hazard
severity zone maps for all counties throughout California in conjunction with new state regulations to
establish wildland fire-urban interface building standards. Existing maps of fire hazard severity zones
in Contra Costa County were last prepared and issued by the state in the 1980's. The state issued
map from the 1980's was subsequently incorporated into the Safety Element of the General Plan. The
1980's era map does not reflect new fire science information about potential risk factors that drive the
ignition of wildland fires(e.g. the contribution of fire embers to ignition risk), and the 1980's era map is
not as useful as could be in defining hazardous areas. Cal Fire has recently released two types of
maps for Contra Costa County using improved mapping of the wildland fuels load in the County: Fire
Hazard Severity Maps for State Responsibility Area, adopted by Cal Fire on November 7, 2007 and a
draft Fire Hazard Severity Map in Local Responsibility Area. The existing Fire Hazard Map in the
Safety Element and the recently released maps from Cal Fire are provided for comparison purposes
(see attachment).
The release of the new fire hazard severity maps by Cal Fire presents an opportunity to update the fire
hazard map information in the Safety Element. Incorporating the new Cal Fire maps into the Safety
Element would provide new and add itional'information to the County Building Official in support of
building permit issuanceand code enforcement for certain areas of the County, and significantly,
these maps would improve information to the public about potential wildland fire risks, specifically to
those considering real estate purchases or building projects.
May 19, 2008
TWI Committee Report and Recommendation on GPA study to update Safety Element
Page 6
Attachments (6 items)
Attachments: New State Flood Protection Laws
1. Copies of Chaptered,.Flood Protection Legislation: SB 5 and AB 162
2. Map showing boundary of Sacramento-San Joaquin Drainage District, area within jurisdiction of
the new Central Valley Flood Protection Board
3. Excerpt from Contra Costa County General Plan (2005-2020), Safety Element, Section 10.8 Flood
Hazards
Attachments: New Fire Hazard Severity Maps - Contra Costa County
4. Fire Hazard Severity Zones in SRA for Contra Costa County, adopted by Cal Fire
5. draft Fire Hazard Severity Zone in LRA for Contra Costa County
6. Figure 10-10, Fire Hazard Area Map, Safety Element
FAGeneml Plan Amendments%Safety Element Update\boTWIC080308mportrecommend.fmi.doc
I
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Attachments: New State Flood Protection Laws
1 . Copies of Chaptered Flood Protection Legislation: SB 5 and AB
162
2. Map showing boundary of Sacramento-San Joaquin Drainage
District, area within jurisdiction of the new Central Valley Flood
Protection Board
3. Excerpt from Contra Costa County General Plan (2005-2020),
Safety Element, Section 10.8 Flood Hazards
FLOOD PROTECTION LEGISLATION:
SB 5
-,7-ate
Senate Bill No.5
CHAPTER 364
An act to add Sections 65007, 65302.9, 65860.1, 65 865.5, 65962, and
66474.5 to,the Government Code,to add Section 50465 to the Health and
Safety Code,and to add Chapter 4(commencing with Section 8200)to Part
1 of, and to add Part 6(commencing with Section 9600)to,Division 5 of,
the Water Code,relating to flood management.
[Approved by Governor October 10,2007.Filed with
Secretary of State October 10,2007.] .
LEGISLATIVE COUNSEL'S DIGEST
SB 5,Machado.Flood management.
(1) The Planning and Zoning Law requires a city, county, and city and
county to adopt a comprehensive, long-term general plan for the physical
development of the city,county,or city and county that addresses a number
of elements.The law authorizes the legislative body of a city or county to
adopt zoning ordinances regulating,among other things,the use of buildings,
structures, and land. The law authorizes a city or county to enter into a
development agreement with a person having a legal or equitable interest
in real property for the development of the property.
This bill would require each city, including a charter city, and county
within the Sacramento-San Joaquin Valley,within 24 months of the adoption
of a specified flood protection plan by the Central Valley Flood Protection
Board,to amend its general plan to include data and analysis contained in
that flood protection plan,goals and policies for the protection of lives and
property that will reduce the risk of flood damage, and related feasible
implementation measures. The bill would require each city, including;;a
charter city,and couny within the Sacramento-San Joaquin Valley, within
36 months of the adoption of that flood protection plan but not more than
12 months after:the amendment of the general plan under the bill's
provisions, to amend its zoning ordinance so that it is consistent with the
general plan, as amended.`By establishing requirements on cities and
counties,the bill would impose a state-mandated local program.
On the effective date of those amendments, a city, including a charter
city, and county within the Sacramento-San Joaquin Valley would be
prohibited from entering a development agreement for any property that is
located within a flood hazard zone unless the city or county makes certain
findings; based on substantial evidence. On the effective date of those
amendments, a city, including a .charter' city, and county within the
Sacramento-San Joaquin Valley would also be prohibited from approving
any discretionary permit or entitlement,or any ministerial permit that would
result in the construction of a new residence, for a project that is located
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Ch.364 —2—
within
2—within a flood hazard zone unless the city or county makes certain findings,
based on substantial evidence.
(2) The Subdivision Map Act requires the legislative body of a city or
county to deny approval of a tentative map, or a parcel map for which,a
tentative map was not required under certain circumstances.
The bill, after the amendments to the general plan and the zoning
ordinance described in (1), have become effective, would require the
legislative body of each city,'including a charter city,and county within the
Sacramento-San Joaquin Valley to deny approval of a tentative map, or a
parcel map for which a tentative map was not required,for any subdivision
that is located within a flood hazard zone unless the city or county makes
specified findings,based on'substantial evidence.
(3) The Department of Water Resources performs various flood control
activities throughout the state.;Existing law authorizes the Reclamation
Board to engage in various-flood control activities along the Sacramento
River and San Joaquin River,their tributaries,and related areas.
This bill would require the department,on or before December 31,2010,
to prepare a strategic flood protection plan for the Sacramento-San Joaquin
Valley. The department would be required to prepare a plan identified as
the Central Valley Flood Protection Plan not later than January 1;2012,and
the Central Valley Flood Protection Board`would be required to adopt the
plan not later than July 1,2012:The bill would require the plan to include
specified components,including a description of the Sacramento-San Joaquin
River Flood Management System,a description of the facilities included in
the State Plan of Flood Control,an evaluation of the structural improvements
necessary to bring each of the facilities of the State Plan of Flood Control
to within its design standard, and a list of facilities recommended to be
removed from the State Plan of Flood Control.The plan would be required
to be updated every 5 years.
The bill would authorize the department to implement certain flood
protection improvements before the adoption of the plan if the Director of
Water Resources makes a specified determination. Upon the adoption of
the plan by the board,certain facilities would be deemed to be a part of the
Sacramento-San Joaquin River Flood Management System,,and the board
would be required to take action necessary to remove facilities from the
State Plan of Flood Control that are recommended for removal in the plan.
The bill would require the department,on or before January 1, 2009,to
propose for adoption and approval by the California Building Standards
Commission updated requirements to the.,California Building Standards
Code for construction in areas protected by the facilities of the Central
Valley Flood Protection Plan where levels are anticipated to exceed 3 feet
for the 200-year flood event.r'The department would be required to develop
a cost-sharing formula for specified bond funds for repairs or improvements
of facilities included in the plan.
The bill would require each county, consistent with the adoption of the
plan, to collaborate with cities within its jurisdiction to develop flood
emergency plans.The bill would require each city,including a charter city,
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and county,consistent with the adoption of the plan,to collaborate with the
state and local flood management agencies to provide cost-effective strategies
for reducing flood risk to existing economically disadvantaged communities `
located in nonurbanized areas and to develop funding mechanisms to finance
local flood protection responsibilities.By establishing new land use planning
requirements on cities and counties,the bill would impose a state-mandated
local program. The bill would authorize a local agency to prepare a local
plan of flood protection in accordance with,specified requirements.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,reimbursement
for those costs shall be made pursuant to these statutory provisions.
(5) The bill would become operative only if AB 162 and SB 17 are
enacted and become operative.
The people of the State of California do enact as follows:
SECTION 1. Section 65007 is added to the Government Code,to read:
65007. As used in'this title, the following terms have the following
meanings,unless the context requires otherwise:
(a) `Adequate progress"means all of the following:
(1) The total project scope, schedule, and cost of the completed flood
protection system have been developed to meet the appropriate standard of
protection.
(2) Revenues sufficient to fund each year of the project schedule
developed in paragraph(1)have been identified and,in any given year and
consistent with that schedule,at least 90 percent of the revenues scheduled
to have been received by that year have been appropriated and are currently
being expended.
(3) 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.
(4) The city or county has not been responsible for any significant delay
in the completion of the system.
(5) The local flood management agency shall provide the Department
of Water Resources and the Central Valley Flood Protection Board with the
information specified in this subdivision sufficiently to determine substantial
completion of the required flood protection. The local flood management
agency shall annually report to the Central Valley Flood Protection Board
on the efforts in working toward completion of the flood protection system.
(b) "Central Valley Flood Protection Plan"has the same meaning as that
set forth in Section 9610 of the Water Code. .
(c) "Developed area"has the same meaning as that set forth in Section
59.1 of Title 44 of the Code of Federal Regulations.
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Ch.364 —4—
(d)
4—(d) "Flood hazard zone means an area subject to flooding that is
delineated as either a special hazard area or an area of moderate hazard on
an official flood insurance rate map issued by the Federal Emergency
Management Agency. The identification of flood hazard zones does not
imply that areas outside the flood hazard zones, or uses permitted within
flood hazard zones,will be free from flooding or flood damage.
(e) "Nonurbanized area means a developed area or an area outside a
developed area in which there are less than:10,000 residents.
(f) "Project levee" means any levee that is part of the facilities of the
State Plan of Flood Control, as defined in Section 5096.805 of the Public
Resources Code.
(g) "Sacramento=San Joaquin Valley" means any lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,or
any of their tributaries or connected therewith, or upon any land adjacent
thereto, or within any`of the overflow basins thereof, or upon any land
susceptible to overflow therefrom. The Sacramento-San Joaquin Valley
does not include lands'lying within the Tulare Lake basin, including the
Kings River.
(h) "State Plan of Flood Control"has the same meaning as that set forth
in subdivision.0)of Section 5096.805 of the Public Resources Code.
(i) "Urban area" means a developed area in which there are 10,000
residents or more.
0) "Urbanizing area,, means a developed area or an area outside a
developed area that is planned or anticipated to have 10,000 residents or
more within the next 10 years.
(k) "Urban level of flood protection'means the level of protection that
is necessary to withstand flooding that has a 1-in-200 chance of occurring
in any given year using criteria consistent with, or developed by, the
Department of Water Resources.,
SEC.2. Section 65302.9 is added to the Government Code,to read:
65302.9. (a) Within 24 months of the adoption of the Central Valley
Flood Protection Plan by the Central Valley Flood Protection Board,pursuant
to Section 9612 of the Water Code, each city and county within the
Sacramento-San Joaquin Valley,shall amend its general plan to contain all
of the following:
(1) The data and analysis contained in the Central Valley Flood Protection
Plan,including,but not limited to,the locations of the facilities of the State
Plan of Flood Control, the locations of other flood management facilities,
the locations of the real property protected by those facilities, and the
locations of flood hazard zones.
(2) Goals, policies,. and objectives, based on the data and analysis
identified pursuant to paragraph'(1),for the protection of lives and property
that will reduce the risk of flood damage.
(3) Feasible implementation,measures designed to carry out the goals,
policies,and objectives established,pursuant to paragraph(2).
(b) To assist each city or county in complying with this section, the
Central Valley Flood Protection Board,the Department of Water Resources,
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and local flood agencies shall collaborate with cities or counties by providing
them with information and other technical assistance.
(c) In implementing this section,each city and county,both general law
and charter, within the Sacramento-San Joaquin Valley, shall comply with
this article,including,but not limited to,Sections 65300.5,65300.7,65300.9,
and 65301.
(d) Notwithstanding any other provision of law, this section applies to
all cities,including charter cities,and counties within the Sacramento-San
Joaquin Valley.The Legislature finds and declares that flood protection in
the Sacramento and San Joaquin Rivers drainage areas is a matter of
statewide concern and not a municipal affair as that term is used in Section
5 of Article XI of the California Constitution.
SEC. 3. Section 65860.1'is.added to the'Government Code,to read:
65860.1. (a) Within 36 months of the adoption Central Valley Flood
Protection Plan by the Centr"al Valley Flood Protection Board pursuant to
Section 9612 of the Water Code, but not more than 12 months after the
amendment of its general plan pursuant to Section 65302.9,each city and
county within the Sacramento-San Joaquin Valley shall amend its zoning
ordinance so that it is consistent with the general plan,as amended.
(b) Notwithstanding any other provision of law, this section applies to
all cities, including charter cities,and counties within the Sacramento-San
Joaquin Valley. The Legislature finds and declares that flood protection in
the Sacramento and San Joaquin Rivers drainage areas is a matter of
statewide concern and not a municipal affair as that term is used in Section
5 of Article XI of the California Constitution.
SEC.4. Section 65865.5 is added to the Government Code,to read:
65865.5. (a) Notwithstanding any other provision of law, after the
amendments required'by Section 65302.9 and 65860.1 have become
effective,the legislative body of a city or county within the Sacramento-San
Joaquin Valley shall not enter into a development agreement for any property
that is located within a'flood hazard zone unless the city or county finds,
based on substantial evidence in the record,one of the following:
(1) The facilities of the;'State Plan of Flood Control or other flood
management facilities 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 nonurbanized areas.
(2) The city or county has imposed conditions on the development
agreement that 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 nonurbanized areas.
(3) The local flood management agency has made adequate progress on
the construction of a flood-protection system which 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 nonurbanized areas for property
located within a flood hazard zone,intended to be protected by the system.
91
Ch.364 —6—
For
6—For urban and urbanizing areas protected by project levees,the urban level
of flood protection shall be achieved by 2025.
(b) The effective date of amendments referred to in this section shall be
the date upon which,the statutes of limitation specified in subdivision (c)
of Section 65009 have run or, if the amendments and any associated
environmental documents are challenged° in court, the validity of the
amendments and any associated environmental documents has been upheld
in a final decision.
(c) Nothing in this section-shall, be construed to change or diminish
existing requirements of local floodplain management laws, ordinances,
resolutions, or regulations necessary,to local agency participation in the
national flood insurance program.
SEC.5. Section 65962 is added to the Government Code,to read:
65962. (a) Notwithstanding any other provision of law, 'after the
amendments required by Sections 65302.9 and 65860.1 have become
effective, each city and county within the Sacramento-San Joaquin Valley
shall not approve any discretionary permit or other discretionary entitlement,
or any ministerial permit that would result in the construction of a new
residence,for a project that is located within a flood hazard zone unless the
city or county finds,based on substantial evidence in the record,one of the
following:
(1) The facilities of the State Plan of Flood Control or other flood
management facilities protect the project to the urban level of flood
protection in urban and urbanizing areas or the national Federal Emergency
Management Agency standard of flood protection in nonurbanized areas.
(2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban level'of
flood protection in urban and urbanizing areas or the national Federal
Emergency Management !Agency standard of flood protection in
nonurbanized areas.
(3) The local flood management agency has made adequate progress on
the construction of a flood protection system which 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 nonurbanized areas for property
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.
(b) The effective date of amendments referred to in this section shall be
the date upon which the statutes of limitation specified in subdivision(c)
of Section 65009 have run or, if the amendments and any associated
environmental documents are challenged, in court, the validity of the
amendments and any associated environmental documents has been upheld
in a final decision.
(c) Nothing in this section shall be construed to change or diminish
existing requirements of local floodplain management laws, ordinances,
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h�
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resolutions, or regulations necessary to local agency participation in the
national flood insurance program.
SEC.6. Section 66474.5!is added to the Government Code,to read:
66474.5. (a) Notwithstanding any other provision of law, after the
amendments required by Sections 65302.9 and 65860.1 have become
effective, the legislative body of each icity and county within the
Sacramento-San Joaquin Valley,shall deny approval of a tentative map, or
a parcel map for which a tentative map was not required,for any subdivision
that is located within a flood hazard zone unless the city or county finds,
based on substantial evidence in the record,one of the following:
(1) The facilities of the State Plan of Flood Control or other flood
management facilities protect the subdivision to the urban level of flood
protection in urban and urbanizing areas or the national Federal Emergency
Management Agency standard of flood protection in nonurbanized areas.
(2) The city or county has imposed conditions on the subdivision that
will protect the project to the urban level.of flood protection in urban and
urbanizing areas or the national Federal Emergency Management Agency
standard of flood protection in nonurbanized areas.
(3) The local flood management agency has made adequate progress on
the construction of a flood protection system which will result in flood
protection equal to or greater than the urban level of flood protection in
urban or urbanizing areas orthe national Federal Emergency Management
Agency.standard of flood protection in nonurbanized areas for property
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.
(b) The effective date of amendments referred to in this section shall be
the date upon which the statutes of limitation specified in subdivision (c)
of Section 65009 have run or, if the amendments and any associated
environmental documents are challengedin court, the validity of the
amendments and any associated environmental documents has been upheld
in a final decision.
(c) Nothing in this section shall be construed to change or diminish
existing requirements of local floodplain management laws, ordinances,
resolutions, or regulations necessary to local agency participation in the
national flood insurance program.
SEC.7. Section 50465 is`added to the Health and Safety Code,to read:
50465. (a) On or before January 1, 2009, the Department of Water
Resources shall propose for adoption and approval by the California Building
Standards Commission updated requirements to the California Building
Standards Code for construction in areas protected by the facilities of the
Central Valley Flood Protection Plan where flood levels are anticipated to
exceed three feet for the 200-year flood event. The amendments to the
California Building Standards Code shall be sufficient to reduce the risk of
flood damage and to protect life,safety,and the construction in those areas.
(b) Before the department proposes the amendments to the California
Building Standards Code required pursuant to subdivision(a),the department
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Ch.364 —8—
shall
8_shall consult with the Central Valley Flood Protection Board,the Division
of the State Architect,and the Office of the State Fire Marshal.
SEC. 8. Chapter 4(commencing.with Section 8200) is added'to Part 1
of Division 5.of the Water Code,to read:
CHAPTER 4. LOCAL PLANS OFTLOOD PROTECTION
8200. This chapter shall be known and may be cited as the Local Flood
Protection Planning Act.
8201. (a) A local agency may prepare a local plan of flood protection
in accordance with this chapter.
(b) A local plan of flood protection shallinclude all of the following:
(1) A strategy to meet the urban level of flood protection, including
planning for residual flood risk and system resiliency.
(2) Identification of all types of flood hazards.
(3) Identification and risk assessment of the various facilities that provide_
flood protection for flood hazard areas,for current and future land uses.
(4) Identification of current and future flood corridors.
(5) Identification of needed improvements and costs of those
improvements to the flood protection facilities that are necessary to meet
flood protection standards.
(6) An emergency response and evacuation plan for flood-prone areas.
(7) A strategy to achieve multiple benefits, including flood protection,
groundwater.recharge,=ecosystem health, and reduced maintenance costs
over the long term.
(8) A long-term funding strategy for improvement and ongoing
maintenance and operation of flood protection facilities.
(c) A local agency that is not a city or county that prepares a plan pursuant
to this chapter must consult with the cities and counties that have jurisdiction
over the planning areato assure that the local plan of flood protection is
consistent with local general plans.
(d) Plans prepared pursuant to this chapter, within the Sacramento-San
Joaquin Valley as defined by Section 9602, shall be consistent with the
Central Valley Flood Protection Plan pursuant to Section 9610.
SEC. 9. Part 6(commencing with Section 9600)is added to Division 5
of the Water Code,to read:
PART 6. CENTRAL VALLEY FLOOD PROTECTION
CHAPTER 1. GENERAL PROVISIONS
9600. This act shall be known and may be cited as the Central Valley
Flood Protection Act of 2008.
9601. The Legislature finds and declares all of the following:
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9— Ch.364 '_7 Baa
(a) The Central Valley of California is experiencing unprecedented
development,resulting",in the conversion of historically agricultural lands
and communities to densely,:populated residential'and urban centers.
(b) The Legislature;recognizes that by their nature, levees, which are
earthen embankments typically founded on fluvial deposits, cannot offer
complete protection from flooding,but can decrease its frequency.
(c) The Legislature recognizes that the level of flood protection afforded
rural and agricultural lands by the original flood control system would not
be adequate to protect those lands if they are developed for urban uses,and
that a dichotomous system of flood protection for urban and rural lands has
developed through many years of practice.
(d) The Legislature further recognizes that levees built to reclaim and
protect agricultural land may be inadequate to protect urban development
unless those levees are significantly improved.
(e) Cities and counties rely upon federal flood plain information when
approving developments,but the information available is often out of date
and the flood risk may be greater than that indicated using available federal
information.
(f) The Legislature recognizes that the current federal flood standard is
not sufficient.in protecting urban and urbanizing areas within flood prone
areas throughout the Central Valley.
(g) Linking land use decisions to flood risk and flood protection estimates
comprises only one element of improving lives and property in the Central
Valley. Federal, state, and local agencies may construct and operate flood
protection facilities to reduce flood risks, but flood risks will nevertheless
remain for those who choose to reside in Central Valley flood plains.Making
those flood risks more.apparent will help ensure that Californians make
careful choices when deciding whether to build homes or live in Central
Valley flood plains,and if so, whether to prepare for flooding or maintain
flood insurance.
9602. Unless the context,requires otherwise,the definitions set forth in
this section govern the construction of this part.
(a) "Board"means the Central Valley Flood Protection Board.
(b) "Plan"means the Central Valley Flood Protection Plan.
(c) "Project levee" means any levee that is part of the facilities of the
State Plan of Flood Control;as defined in Section 5096.805 of the Public
Resources Code.
(d) "Public safety infrastructure" means public safety infrastructure
necessary to respond to a flood emergency, including, but not limited to,
street and highway evacuation routes, public utilities necessary for public
health and safety, including drinking water and wastewater treatment
facilities,and hospitals:
(e) "Sacramento-San Joaquin Valley" means any lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River, or
any of their tributaries or connected therewith, or upon any land adjacent
thereto, or within any'of the overflow basins thereof, or upon any land
susceptible to overflow therefrom. The Sacramento-San Joaquin Valley
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Ch.364 —10—
does not include lands lying within the Tulare Lake basin, including the
Kings River.
(f) "State Plan of Flood Control"has the meaning set forth in subdivision
0)of Section 5096.805 of the Public Resources Code.
(g) "System" means the Sacramento-San Joaquin River Flood
Management System described in Section 9611.
(h) "Urban area"has the same meaning as that set forth in subdivision
(k)of Section 5096.805 of the Public Resources Code.
(i) "Urban_level of flood protection"means the level of protection that
is necessary to withstand flooding that has a 1-in-200 chance of occurring
in any given year using criteria consistent with, or developed by, the
department.
9603. (a) The Central Valley Flood Protection Plan shall be a descriptive
document, and neither the plan nor anything in this part shall be construed
to expand the liability of the state for the operation or maintenance of any
flood management facility beyond the scope of the State Plan of Flood
Control,except as specifically determined by the board pursuant to Section
9611.Neither the development nor the adoption of the Central Valley Flood
Protection Plan shall be construed to constitute any commitment by the state
to provide, to continue to provide, or to maintain at, or to increase flood
protection to,any particular level.
(b) The Central Valley Flood Protection Plan reflects a systemwide
approach to protecting the lands currently protected from flooding by existing
facilities of the State Plan of Flood Control.Any flood protection benefits
accruing to lands or communities outside the State Plan of Flood Control
are incidental and shall not constitute any commitment by the state to
provide, to continue to provide; or to maintain at, or to increase flood
protection to,any particular level.
CHAPTER 2. PLAN DEVELOPMENT
9610. (a) By July 1, 2008, the department shall develop preliminary,
maps for the 100 and 200 year floodplains protected by project levees.The
100 year floodplain maps shall be prepared using criteria developed or
accepted by the Federal Emergency Management Agency(FEMA).
(1) The department shall use available 'information from the 2002
Sacramento-San Joaquin River Basin Comprehensive Study, preliminary
and regulatory FEMA flood insurance rate maps,recent floodplain studies
and other sources to compile preliminary maps.
(2) The department shall provide the preliminary maps to cities and
counties within the Sacramento-San Joaquin Valley for use as best available
information relating to flood protection.
(3) The department shall post this information on the boards Internet
Web site and may periodically update the maps as necessary.
(b) By July 1, 2008, the department shall give notice to cities in the
Sacramento-San Joaquin Valley outside areas protected by project levees
F
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regarding maps and other information as to'flood risks available from the
Federal Emergency Management Agency 'or other federal, state or local
agency.
(c) On or before December 31, 2010, the department shall prepare a
status report on the progress and development of the Central Valley Flood
Protection Plan pursuant to Section 9612. The department shall'post this
information on the board's internet Web site, and make it available to the
public.
9611. The Sacramento-San Joaquin River Flood Management System
comprises all of the following:
(a) The facilities of the State Plan of Flood Control as that plan may be
amended pursuant to this part.
(b) Any existing dam, levee,;or other flood management facility that
not part of the State Plan of Flood Control if the board determines, upon
recommendation of the department,that the facility does one or more of the
following:
(1) Provides significant systemwide benefits for managing flood risks
within the Sacramento-San Joaquin Valley.
(2) Protects urban areas within the Sacramento-San Joaquin Valley.
(c) Upon completion of the Central Valley Flood Protection Plan pursuant
to this part,the department may identify and',propose to the board additional
structural and nonstructural facilities that may become facilities of the State
Plan of Flood Control,consistent with the Central Valley Flood Protection
Plan.The board may add those facilities to the State Plan of Flood Control
based on a determination showing how the facility accomplishes the purposes
identified in subdivision(b).:
(d) For the purposes of.subdivision (c), facilities that may become
facilities of the State Plan of Flood Control include bypasses, floodway
corridors,flood plain storage,.or other projects that expand the capacity'of
the flood protection system in the Sacramento-San Joaquin Valley to provide
flood protection.
9612. (a) The department shall prepare, and the board shall adopt, a
plan identified as the Central Valley Flood Protection Plan in accordance
with this part.
(b) No later than January 1,2012,the department shall prepare the Central
Valley Flood Protection Plan'in accordance with this part,and shall transmit
the plan to the board,which shall adopt the plan no later than July 1,2012.
(c) The board shall hold at least two hearings to receive comments on
the proposed plan. At least one hearing shall be held in the Sacramento
Valley and at least one hearing shall be held in the San Joaquin Valley.The
board shall also accept comments in writing with regard to the proposed
plan.
(d) The board may make changes to the proposed plan to resolve issues
raised in the hearings or to respond to comments received by the board.The
board shall publish its proposed changes to the proposed plan at least two
weeks before adopting the plan.
(e) The plan shall be updated in subsequent years ending in 2 and 7.
91
Ch.364 —12—
(f)
12—(f) The department or the board may appoint one or more advisory
committees to assist in the preparation of the plan.If the department or the
board appoints one or more advisory committees, the advisory committee
or committees shall include representation by interested organizations.
9613. (a) Consistent with subdivision (b) of Section 5096.821 of the
Public Resources Code, the department may implement flood protection
improvements for urban areas protected by facilities of the State Plan of
Flood Control before the adoption of Central Valley Flood Protection Plan
if the director determines,in'writing,that all of the following apply:
(1) The improvements are necessary and require state funding before the
completion of the Central Valley Flood Protection Plan prepared pursuant
to Section 9612.
(2) The improvements will reduce or avoid risk to human life in one or
more urban areas.
(3) The improvements will not impair or impede future changes to
regional flood protection or the Central Valley Flood Protection Plan.
(4) The improvements will be maintained by a local agency that-has
committed sufficient funding to maintain both the existing and improved
facilities of the State Plan of Flood Control.
(5) The affected cities, counties, and other public agencies will have
sufficient revenue resources for the operation and maintenance of the facility.
(6) Upon the allocation of funds for a project, the proposed project is
ready for implementation.
(7) The improvements comply with existing law.
(b) The flood protection improvements authorized by this section may
include improvements to specific:facilities of the State Plan of Flood Control
or acquisition of flood easements for floodways that support facilities of
the State Plan of Flood Control to increase levels of flood protection for
urban areas in accordance with subdivision(b)of Section 5096.821 of the
Public Resources Code.
(c) The department,and the board shall investigate and evaluate the
feasibility of potential bypasses or floodways that would significantly reduce
flood stage in the San Joaquin River Watershed, upstream and south of
Paradise Cut.
9614. The plan shall include all of the following:
(a) A description of the Sacramento-San Joaquin River Flood
Management System and the cities and counties included in the system.
(b) A description of''the performance of the system and the challenges
to modifying the system to provide appropriate levels of flood_ protection
using available information.
(c) A description of the facilities included in the State Plan of Flood
Control,including all of the following:
(1) The precise location and a brief description of each facility, a
description of the population and property protected by the facility, the
system benefits provided by the facility, if any, and a brief history of the
facility, including the year of construction, major improvements to the
facility,and any failures of the facility.
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(2) The design capacity of each facility.
(3) A description and evaluation of the performance of each facility,
including the following;
(A) An evaluation of failure risks due to each of the following:
(i) Overtopping.
(ii) Under seepage and seepage:
(iii) Structural failure.
(iv) Other sources of risk, including seismic risks, that the department
or the board determines are applicable.
(B) A description of any uncertainties regarding performance capability,
including uncertainties;arising from the need for additional engineering
evaluations or uncertainties arising from changed conditions such as changes
in estimated channel capacities.
(d) A description of each existing dam that is not part of the State Plan
of Flood Control that provides either significant systemwide benefits for
managing flood risks within the Sacramento-San Joaquin Valley or protects
urban areas within the Sacramento-San Joaquin Valley.
(e) A description of,each existing levee'and other flood management
facility not described in subdivision(d)that is not part of the State Plan of
Flood Control that provides either significant systemwide benefits for
managing flood risks within the Sacramento-San Joaquin Valley or protects
an urban area as defined by subdivision(k)of Section 5096.805 of the Public
Resources Code.
(f) A description of the probable impacts of projected climate change,
projected land use patterns,and other potential flood management challenges
on the ability of the system to provide adequate levels of flood protection.
(g) An evaluation of the structural improvements and repairs necessary
to bring each of the facilities of the State Plan of Flood Control to within
its design standard. The evaluation shall include a prioritized list of
recommended actions necessary to bring each facility not identified in
subdivision(h)to within its design standard.
(h) The evaluation shall include a list of facilities recommended to be
removed from the State Plan, of Flood Control. For each facility
recommended for removal, the evaluation shall identify both of the
following:
(1) The reasons for proposing the removal of the facility from the State
Plan of Flood Control.
(2) Any additional recommended actions associated with removing the
facility from the State Plan of Flood Control.
(i) A description of both structural and nonstructural methods for
providing an urban level of flood protection to current urban areas where
an urban area means the same as set forth in subdivision (k) of Section
5096.805 of the Public Resources Code.The description shall also include
a list of recommended next steps to improve urban flood protection.
0) A description of structural and nonstructural means for enabling or
improving systemwide riverine ecosystem function, including, but not
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Ch.364 —14—
limited
14 —limited to, establishment ofriparian habitat and seasonal inundation of
available flood plains where feasible.
9615. For the purposes of preparing the plan, the department shall
collaborate with the United States Army Corps of Engineers and the owners
and operators of flood management facilities.
9616. '(a) The plan shall include a description of both structural and
nonstructural means for improving the performance and elimination of
deficiencies of levees,weirs,bypasses,and facilities,including facilities of
the State Plan of Flood Control, and, wherever feasible, meet multiple
objectives,including each ofthe following:
(1) Reduce the risk to human life, health, and safety from flooding,
including protection of public safety infrastructure.
(2) Expand the capacity of the flood protection system in the
Sacramento-San Joaquin Valley to either reduce floodflows or convey
floodwaters away from urban areas.
(3) Link the flood protection system with the water supply system.
(4) Reduce flood risks in currently nonurbanized areas.
(5) Increase the engagement of local agencies willing to participate in
improving flood protection,ensuring a better connection between state flood
protection decisions and local land use decisions.
(6) Improve flood protection for urban areas to the urban level of flood
protection.
(7) Promote natural dynamic hydrologic and geomorphic processes.
(8) Reduce damage from flooding.
(9) Increase and improvethe quantity, diversity, and connectivity of
riparian,wetland,flood plain,and shaded riverine aquatic habitats,including
the agricultural and ecological values of these lands.
(10) Minimize the flood management system operation and maintenance
requirements.
(11) Promote the recoveryand stability of native species populations and
overall biotic community diversity.
(12) Identify opportunities and incentives for expanding or increasing
use of floodway corridors.
(13) Provide a feasible, comprehensive, and long-term financing plan
for implementing the plan.
(14) Identify opportunities for.reservoir reoperation in conjunction with
groundwater flood storage.
(b) The plan shall include a prioritized list of recommended actions to
reduce flood risks and meet the objectives described in subdivision(a).
CHAPTER 3., PLAN IMPLEMENTATION
9620. Upon the adoption of the plan by the board, all of the following
Apply:
(a) The facilities identified pursuant to subdivision(a)of Section 9614
shall be deemed to be part of the system.
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(b) The board shall act on the recommendations to remove'facilities
identified pursuant to subdivision(h)of Section 9614 from the State Plan
of Flood Control.
(c) The department shall develop a recommended schedule and funding
plan to implement the recommendations of the plan. To develop the
recommended schedule and funding plan,the department may collaborate
with local and.federal agencies. JI
9621. Consistent with the adoption of the Central Valley Flood Protection
Plan pursuant to this part,each county shall collaborate with cities within
its jurisdiction to develop flood emergency plans mithin 24 months of the
adoption of the plan.
9622. Consistent with the adoption of the Central Valley Flood Protection
Plan pursuant to this part, each city, county, and city and county shall
collaborate with the state and local flood management agencies to!Iprovide
relocation assistance or other cost-effective strategies for reducing flood
risk to existing economically disadvantaged communities located in
nonurbanized areas.
9623. Consistent with the adoption of the Central Valley Flood Protection
Plan pursuant to this part, each city, county, and city and county shall
collaborate with the state and local flood management agencies to!::develop
funding mechanisms to finance local flood protection responsibilities by
January 1,2010.
9624. Notwithstanding any other provision of law, this part applies to
all cities,including charter cities,and counties included in the plan pursuant
to Section 9614.The Legislature finds and declares that flood protection in
the Sacramento-San Joaquin Valley is a matter,of statewide coneern and
not a municipal affair as that term is used in Section 5 of Article XI of the
California Constitution.
9625. (a) By January 1,2010,the department shall develop cost-sharing
formulas,as needed,for funds made available by the Disaster Preparedness
and Flood Prevention Bond Act of 2006(Chapter 1.699(commenc"ing with
Section 5096.800)of Division 5 of the Public Resources Code)and the Safe
Drinking Water,Water Quality and Supply,Flood Control,River and Coastal
Protection Bond Act of 2006(Division 43(commencing with Section 75001)
of the Public Resources Code) for repairs or improvements of facilities
included in the plan to determine the local share of the cost of design and
construction. ii
(b) The cost-share formulas developed by the department shall be
established pursuant to Section 12585.7.
(c) In developing cost-share formulas,the department shall consider the
ability of local governments to pay their share of the capital costs of the
project.
(d) Prior to finalizing cost-share formulas,the department shall:!conduct
public meetings to consider public comments. The department shall post
the draft cost-share formula on its Internet Web site at least 30 days before
the public meetings. To the extent feasible, the department shall provide
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Ch.364
outreach to disadvantaged communities to promote access and participation
in the meetings.
SEC. 10. If the Commission on State Mandates determines that this act
contains costs mandated by the state,reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7(commencing
with Section 17500)of Division 4 of Title 2 of the Government Code.
SEC. 11. This act shall become operative onlyff Assembly Bill�162 and
Senate Bill 17 of the 2007-08 Regular Session of the_Legislature are enacted
and become operative.
O
91
FLOOD PROTECTION LEGISLATION:
AB 162
Assembly Bill No.162
CHAPTER 369
An act to amend Sections 65302,65303.4,65352,65584.04,and 65584.06
of, and to add Sections 65300:2 and 65302.7 to, the Government Code,
relating to local planning.
[Approved by Governor October 10,2007.Filed with
Secretary of State October 10,2007.1
LEGISLATIVE COUNSEL'S DIGEST
AB 162,Wolk.Land use: water supply.
(1) The Planning and Zoning Law.requires a city or county general plan
to include specified mandatory elements,including a land use element that
designates the proposed general distribution and general location and extent
of the uses of the land for various purposes and a conservation element that
considers, among other things, the effect of development within the
jurisdiction,as described in the land use element,on natural resources located
on public lands, including military installations, and provides ��that the
conservation element may also cover,among other things,flood control.
This bill would require the land use element to identify and annually
review those areas covered by the general plan that are subject to flooding
as identified by flood plain mapping prepared by the Federal Emergency
Management Agency or the Department of Water Resources.The'bill also
would require, upon the next revision of the housing element, on or after
January 1, 2009, the conservation element of the general plan to identify
rivers,.creeks,streams, flood corridors,riparian habitat, and land that may
accommodate floodwater for purposes of groundwater recharge and
stormwater management.By imposing new duties on local public officials,
the bill would create a state-mandated local program.
(2) The Planning and Zoning Law also requires that a city or county
general plan contain a safety element for the protection of the community
from any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and landslides,
subsidence,liquefaction,and.other seismic,geologic,and fire hazards.
This bill would also require,upon the next revision of.the housing1element,
on or after January 1, 2009, the safety element to identify, among other
things, information regarding flood hazards and to establish a set of
comprehensive goals,policies,and objectives,based on specified information
for the protection of the community from, among other things, the
unreasonable risks of flooding.
The bill would also require the planning agency, upon each revision of
the housing element to review,and if necessary,to identify new information
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—2—
that
2—that was not available during the previous revision of the safety,element
and would provide criteria by which cities and counties that have flood plain
management ordinances may comply with these provisions.
(3) The Planning and Zoning Law also requires, prior to theiperiodic
review of its general plan and prior to preparing or revising its safety
element, each city and county to consult with the Division of Mines and
Geology of the Department of Conservation and with the Office of
Emergency Services,as specified,and requires that at specified times prior
to adoption or amendment of the safety element,each city and county submit
one copy of a draft or amendment of the safety element to specified state
agencies and local governments for review pursuant to specified procedures.
Existing law establishes the 7-member Reclamation Board in the
Department of Water Resources and requires the board members to be
appointed and serve at the pleasure of the Governor. Senate Bill 17 of the
'2006-07 Regular Session,if enacted,would rename the Reclamation Board
as the Central Valley Flood Protection Board, and would revise the
membership of the board.
This bill would also require each city and county located within the
boundaries of the Sacramento and San Joaquin Drainage District to submit
the draft element or draft amendment to the safety element of its general
plan to the Central Valley Flood Protection Board and every local agency
that provides flood protection to territory in the city or county at least 90
days prior to the adoption of,or amendment to,the safety element.The bill
would also require the board and a local agency to review the draft or an
existing safety element and report its written recommendation's to the
planning agency within 60 days of its receipt of the draft or existing safety
element,as specified.
(4) The Planning and Zoning Law requires,prior to action by a legislative
body to adopt or substantially amend a general plan,that the planning agency
refer the proposed action to specified state,local,and federal agencies.
This bill would also require that the proposed action be referred to the
board when the proposed action is within the boundaries of the Sacramento
and San Joaquin Drainage District.
(5) The Planning and Zoning Law requires at least 2 years prior to a
scheduled revision of a local government's housing element that each council
of governments,or delegate subregion,as applicable,or the Department of
Housing and Community Development, where there is no council of
governments,develop a proposed methodology for distributing the'existing
and projected regional housing needs to cities, counties, and cities and
counties within the region or within the subregion, where applicable,
pursuant to specified provisions. That law requires that the methodology
be consistent with specified objectives that include, among other things, a
determination of the availability of land suitable for urban development or
for conversion to residential use,the availability of underutilized land,and
opportunities for infill development and increased residential densities.
This bill would provide that the determination of available land suitable
for urban development may exclude lands where the flood management
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infrastructure designed to protect the jurisdiction is not adequate:to avoid
the risk of flooding such that the development of housing Would be
impractical due to cost or other considerations.
(6) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.Statutory
provisions establish procedures for making that reimbursement. '.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65300.2 is added to the Government Code;to read:
65300.2. (a) For the purposes of this article, a"200-year flood plaid'
is an area that has a 1 in 200 chance of flooding in any given year, based
on hydrological modeling and other engineering criteria accepted by the
Department of Water Resources.
(b) For the purposes of this article,a"levee protection zone" is an area
that is protected, as determined by the Central Valley Flood Protection
Board or the Department of Water Resources,by a levee that is part of the
facilities of the State Plan of Flood Control, as defined under Section
5096.805 of the Public Resources Code.
SEC. 1.5. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of development
policies and shall include a diagram or diagrams and text setting forth
objectives,principles,standards,and plan proposals.The plan shall include
the following elements:
(a) A land use element that designates the proposed general distribution
and general location and extent of the uses of the land for housing,business,
industry, open space, including agriculture, natural resources, recreation,
and enjoyment of scenic beauty, education,public buildings and grounds,
solid and liquid waste disposal facilities,and other categories of public and
private uses of land.The location and designation.of the extent of the uses
of the land for public and private uses shall consider the identification of
land and natural resources pursuant to paragraph(3)of subdivision 1(d).The
land use element shall include a statement of the standards of population
density and building intensity recommended for the various districts and
other territory covered by the plan.The land use element shall identify and
annually review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by .the Federal Emergency
Management Agency(FEMA)or the Department of Water Resources.The
land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber production .
those parcels of real property zoned for timberland production pursuant to
the California Timberland Productivity Act of 1982, Chapter 6.7
(commencing with Section 51100)of Part 1 of Division 1 of Title 5.
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Ch.369 —4—
(2)
4—(2) Consider the impact of new growth on military readiness activities
carried out on military bases,installations,and operating and training areas,
when proposing zoning ordinances or designating land uses covered by the
general plan for land, or other territory adjacent to military facilities, or
underlying designated military aviation routes and airspace. j
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be considered.
Cities and counties shall address military impacts based on information
from the military and other sources. I ,
(B) The following definitions govern this paragraph:
(i) "Military readiness activities"mean all of the following: 1l .
(I) Training, support, and operations that prepare the men and women
of the military for combat.
(II) Operation,maintenance,and security of any military installation.
(III) Testing of military equipment,vehicles, weapons, and sensors for
proper operation or suitability for combat use.
(ii) "Military installation"means a base,camp,post,station,yard,center,
homeport facility for any ship,or other activity under the jurisdiction of the
United States Department of Defense as defined in paragraph (1) of
subsection(e)of Section 2687 of Title 10 of the United States Code.
(b) A circulation element consisting of the general location and extent
of existing and proposed major thoroughfares, transportation routes,
terminals, any military airports and ports, and other local publics utilities
and facilities,all correlated with the land use element of the plan. '
(c) A housing element as provided in Article,10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation,development,and .
utilization of natural resources including water and its hydraulic force,
forests,soils,rivers and other waters,harbors,fisheries,wildlife,minerals,
and other natural resources. The conservation element shall consider the
effect of development within the jurisdiction, as described in the land use
element, on natural resources located on public lands, including''military
installations. That portion of the'conservation element including waters
shall be developed in coordination with any countywide water agency and .
with all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled,managed,or conserved water of any type for any purpose in the
county or city for which the plan is prepared.Coordination shall!I include
the discussion and evaluation of any water supply and demand information
described in Section 65352.5,if that information has been submitted by the
water agency to the city or county.
(2) The conservation element may also coverall of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters.
(C) Regulation of the use of land in stream channels and other areas
required for the accomplishment of the conservation plan.
95
-5— ', Ch.369
(D) Prevention,control,and correction of the erosion of soils,!beaches,
and shores.
(E) Protection of watersheds.
(F) The location, quantity and quality of the rock, sand and gravel
resources.
(3) Upon the next revision of the housing element on or after January 1,
2009,the conservation element shall identify rivers,creeks, streams,flood
corridors,riparian habitats,and land that may accommodate floodwater for
purposes of groundwater recharge and stormwater management. '
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element which,shall identify and appraise noise problems
in the community. The noise element shall recognize the guidelines
established by the Office of Noise Control in the State Department of Health
Care Services and shall analyze and quantify, to the extent practicable, as
determined by the legislative body, current and projected noise,levels for
all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight on-line railroad operations and ground rapid
transit systems.
(D) Commercial,general aviation,heliport,helistop,and military airport
operations, aircraft overflights,jet engine test stands, and all other ground
facilities and maintenance functions related to airport operation.
(E) Local industrial plants, including, but not limited to, railroad
-classification yards.
(F) Other ground stationary noise sources,including,but not limited to,
military installations, identified by local agencies as contributing to the
community noise environment.
(2) Noise contours shall be shown for all of these sources and',Istated in
terms of community noise equivalent level (CNEL) or day-night average
level (Ldn). The noise contours shall be prepared on the basis 'of noise
monitoring or following generally accepted noise modeling techniques for
the various sources identified in paragraphs(1)to(6),inclusive.
.(3) The noise contours shall be used as a guidefor establishing a pattern
of land uses in the land use element that minimizes the exposure of
community residents to excessive noise.
(4) The noise element shall include implementation measures and possible
solutions that address existing and foreseeable noise problems,if'any.The
adopted noise element shall serve as a guideline for compliance'1with the
state's noise insulation standards.
(g) (1) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced surface
rupture,ground shaking, ground failure,tsunami, seiche,and dam failure;
slope instability leading to mudslides and landslides; subsidence,
liquefaction, and other seismic hazards identified pursuant to Chapter 7.8
(commencing with Section 2690) of Division 2 of the Public k'esources
95
vI
Ch.369 6
'r
Code, and other geologic hazards known to the legislative body;flooding;
and wild land and urban fires.The safety element shall include mapping of
known seismic and other geologic hazards.It shall also address evacuation
routes, military installations, peakload water supply requirements, and
minimum road widths and clearances around structures,as those items relate
to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing''element
on or after January 1,2009,shall also do the following:
(A) Identify information regarding flood hazards, including,'4but not
limited to,the following:
(i) Flood hazard zones.As used in this subdivision,"flood hazard zone"
means 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. The
identification of a flood hazard zone does not imply that areas outside the
flood hazard zones or uses permitted within flood hazard zones will be free
from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the United
States Army Corps of Engineers."
(iv) Designated floodway maps that are available from the Central Valley
Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section 8589.5
that are available from the Office of Emergency Services.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from,or accepted by,the Department
of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or
nonproject levees or floodwalls.
(ix) Historical data on flooding,including locally prepared mapsiof areas
that are subject to flooding, areas that are vulnerable to flooding after
wildfires,and sites that have been repeatedly damaged by flooding.
(x) Existing and planned development in flood hazard zones, including
structures,roads,utilities,and essential public facilities.
(xi) Local, state, and federal agencies with responsibility for flood
protection,including special districts and local offices of emergency;services.
(B) Establish a set of comprehensive goals,policies,and objectives based
on the information identified pursuant to subparagraph(A),for the protection
of the community from the unreasonable risks of flooding, including,but
not limited to:
(i) Avoiding or minimizing the risks of flooding to new development.
(ii) Evaluating whether new development should be located in flood
hazard`zones, and identifying construction methods or other methods to
minimize damage if new development is located in flood hazard zones.
(iii) Maintaining the structural and operational integrity of essential public
facilities during flooding.
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u
—7— Ch.369
(iv) Locating,when feasible, new essential public facilities outside of
flood hazard zones,including hospitals and health care facilities,emergency
shelters, fire stations, emergency command centers, and emergency
communications facilities or identifying construction methods'11 or other
methods to minimize damage if these facilities are located in floo�d hazard
zones.
(v) Establishing cooperative working relationships among public,'agencies
with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed to carry
out the goals,policies,and objectives established pursuant to subparagraph
(B)
(3) After the initial revision of the safety element pursuant to paragraph
(2), upon each revision of the housing element, the planning agency shall
review and, •if necessary, revise the. safety element to identify new
information that was not available during the previous revision of the safety
element.
d
(4) Cities and counties that have flood plain management ordinances that
have been approved by FEMA that substantially comply with this section,
or have substantially equivalent provisions to this subdivision in then-general
plans,may use that information in the safety element to comply with this
subdivision, and shall summarize and incorporate by reference ij into the
safety element the other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has been
met.
(5) Prior to the periodic review of its general plan and prior to preparing
or revising its safety element, each city and,county shall consult the
California Geological Survey of,the Department of Conservation,the Central
Valley Flood Protection Board, if the city or county is located within the
boundaries of the Sacramento and San Joaquin Drainage District, as set
forth in Section 8501 of the Water Code, and the Office of Emergency
Services for the purpose of including information known by and available
to the department,the office,and the board required by this subdivision.
(6) To the extent that a county's safety element is sufficiently�detailed
and contains appropriate policies and programs for adoption by,a city,'a
city may adopt that portion of the county's safety element that pertains to
the city's planning area in satisfaction of the requirement imposed by this
subdivision.
SEC.2. Section 65302.7 is added to the Government Code,to read:
65302.7. (a) For the purposes of complying with Section 65302.5,each
county or city located within the boundaries of the Sacramento l;and San
Joaquin Drainage District,as set forth in Section,8501 of the Water Code,
shall submit the draft element of,or draft amendment to,the safety element
to the Central Valley Flood Protection Board and to every local agency that
provides flood protection to territory in the city or county at least 90 days
prior to the adoption of,or amendment to,the safety element of its general
plan.
95
Ch.369 —8—
(b)
8—(b) The Central Valley Flood Protection Board and each local agency
described in paragraph(1)shall review the draft or an existing safetyj element
and report their respective written recommendations to the planning agency
within 60 days of the receipt of the,draft or existing safety element. The
Central Valley Flood Protection Board and each local agency shall review
the draft or existing safety element and may offer written recommendations
for changes to the draft or existing safety element regarding both of the
following: 9
(1) Uses of land and policies in areas subjected to flooding that will
protect life, property, and natural resources from unreasonable risks
associated with flooding.
(2) Methods and strategies for flood risk reduction and protection within
areas subjected to flooding.
(c) Prior to the adoption of its draft element or draft amendments to the
safety element,the board of supervisors of the county or the city council of
a city shall consider the recommendations made by the Central Valley Flood
Protection Board and any local•agency that provides flood protection to
territory in the city or county.If the board of supervisors or the city council
determines not to accept all or some of the recommendations,if any,made
by the Central Valley Flood Protection Board or the local agency,the board
of supervisors or the city council shall make findings that state its reasons
for not accepting a recommendation and shall communicate those,lfindings
in writing to the Central Valley Flood Protection Board or to the local
agency.
(d) If the Central Valley Flood Protection Board's or the local agency's
recommendations are not available within the time limits required by this
section,the board of supervisors or the city council may act without those
recommendations. The board of supervisors or city council shall consider
the recommendations at the next time it considers amendments to its safety
element.
SEC. 3. Section 65303.4 of the Government Code is amended''to read:
65303.4. The Department of Water Resources or the Central Valley
Flood Protection Board, as appropriate, and the Department of Fish and
Game may develop site design and planning policies to assist local agencies
which request help in implementing the general plan guidelines for meeting
flood control objectives and other land management needs.
SEC.4. Section 65352 of the Government Code is amended to read:
65352. (a) Prior to action by a legislative body to adopt or substantially
amend a general plan,the planning agency shall refer the proposed action
to all of the following entities:
(1) A city or county,within or abutting the area covered by the proposal,
and any special district that may be significantly affected by the proposed
action,as determined by the planning agency.
(2) An elementary,high school,or unified school district within the area
covered by the proposed action.
(3) The local agency formation commission.
95
-9— Ch.369
(4) An areawide planning agency whose operations may be significantly
affected by the proposed action,as determined by the planning agency.
(5) A federal agency if its operations or lands within its jurisdiction may
be significantly affected by the proposed action, as determined by the
planning agency.
(6) (A) The branches of the United States Armed Forces that have
provided the Office of Planning and Research with a California mailing
address pursuant to subdivision (d) of Section 65944 when the proposed
action is within 1,000 feet of a military installation, or lies within special
use airspace,or beneath a low-level flight path,as defined in Section 21098
of the Public Resources Code,provided that the United States Department
of Defense provides electronic maps of low-level flight paths, special use
airspace,and military installations at a scale and in an electronic format that
is acceptable to the Office of Planning and Research.
(B) Within 30 days of a determination by the Office of Planning and
Research that the information provided by the Department of Defense is
sufficient and in an acceptable scale and format,the office shall notify cities,
counties, and cities and counties of the availability of the information on
the Internet. Cities, counties, and cities and counties shall comply with
subparagraph(A)within 30 days of receiving this notice from the office.
(7) A public water system, as defined in Section 1]6275 of the Health
and Safety Code,with 3,000 or more service connections,that serves water
to customers within the area covered by the proposal. The public water
system shall have at least 45 days to comment on the proposed plan, in
accordance with subdivision(b), and to provide the planning agency with
the information set forth in Section 65352.5.
(8) The Bay Area Air Quality Management District for a proposed action
within the boundaries of the district.
(9) On and after March 1,2005,a California Native American tribe,that
is on the contact list maintained by the Native American Heritage
Commission, with traditional lands located within the city or county's
jurisdiction.
(10) The Central Valley Flood Protection Board for a proposed action
within the boundaries of the Sacramento and San Joaquin Drainage District,
as set forth in Section 8501 of the Water Code.
(b) Each entity receiving a proposed general plan or amendment of a
general plan pursuant to this section shall have 45 days from the date the
referring agency mails it or delivers it in which to comment unless a longer
period is specified by the planning agency.
(c) (1) This section is directory,not mandatory,and the failure to refer
a proposed action to the other entities specified in this section does not affect
the validity of the action,if adopted.
(2) To the extent that the requirements of this section conflict with the
requirements of Chapter 4.4 (commencing with Section 65919), the
requirements of Chapter 4.4 shall prevail.
SEC.5. Section 65584.04 of the Government Code is amended to read:
95
Ch.369. —10-
65584.(4.
10-65584.04. (a) At least two years prior to a scheduled revision required
by Section 65588, each council of governments, or delegate subregion as
applicable, shall develop a'proposed methodology for distributing the
existing and projected regional housing need to cities,counties,and cities
and counties within the region or within the subregion, where applicable
pursuant to this section. The methodology' shall be consistent with the
objectives listed in subdivision(d)of Section 65584.
(b) (1) No more than six months prior to the development of a proposed
methodology for distributing the existing and projected housing need;each
council of governments shall survey each of its member jurisdictions to
request,at a minimum,information regarding the factors listed in subdivision
(d)that will allow the development of a methodology based upon the factors
established in subdivision(d)
(2).The council of governments shall seek to obtain the information in
a manner and format that is comparable throughout the region and utilize
readily available data to.the extent possible.
(3) The information provided by a local government pursuant to this
section shall be used,to the extent possible,by the council of governments,
or delegate subregion as applicable, as source information "Tor the
methodology developed pursuant to this section.The survey shall state that
none of the information received may be used as a.basis for reducing the
total housing need established for the region pursuant to Section 65584.01.
(4) If the council of governments fails to conduct a survey pursuant to
this subdivision,a city,county,or city and county may submit information
related to the items listed in subdivision (d) prior to the public comment
period provided for in subdivision(c).
(c) Public participation and access shall be required in the development
of the methodology and in the process of drafting and adoption of the
allocation of the regional housing needs. Participation by organizations
other than local jurisdictions and councils of governments shall be solicited
in a diligent effort to achieve public participation of all economic segments
of the community. The proposed methodology, along with any, relevant
underlying data and assumptions, and an explanation of how information
about local government conditions gathered pursuant to subdivision(b)has
been used to develop the proposed methodology,and how each of the factors
listed in subdivision (d) is incorporated into the methodology, 'shall be
distributed to all cities,counties,any subregions,and members of the public
who have made a written request for the proposed methodology.They council
of governments,or delegate subregion,as applicable,shall conduct at least
one public hearing to receive oral and written comments on the proposed
methodology.
(d) To the extent that sufficient data is available from local governments
pursuant to subdivision(b)or,other sources,each council of governments,
or delegate subregion as applicable, shall include the following factors to
develop the methodology that allocates regional housing needs:
(1) Each member jurisdiction's existing and projected jobs and housing
relationship.
95
-11— �Ch.369
(2) The opportunities and constraints to development of additional
housing in each member jurisdiction,including all of the following:
(A) Lack of capacity for sewer or water service due to federafl or state
laws,regulations or regulatory actions,or supply and distribution decisions
made by a sewer or water service provider other than the local jurisdiction
that preclude the jurisdiction,from providing necessary infrastructure for
additional development during the planning period.
(B) The availability of land suitable for urban development or for
conversion to residential use, the availability of underutilized land, and
opportunities for infill development and increased residential densities.The
council of governments may not limit its consideration of suitable housing
sites or land suitable for urban development to existing zoning ordinances
.and land use restrictions of a locality, but shall consider the potential for,
increased residential development under alternative zoning ordinances and
land use restrictions.The determination of available land suitable for urban
development may exclude lands where the Federal Emergency Management
Agency (FEMA) or the Department of Water Resources has determined
that the flood management infrastructure designed to protect that`land is
not adequate to avoid the riskof flooding. 7
(C) Lands preserved or protected from urban development under existing
federal or state programs,or both,designed to protect open space,farmland,
environmental habitats,and natural resources on a long-term basis!
(D) County policies to preserve prime agricultural land, asdefined
pursuant to Section 56064,within an unincorporated area.
(3) The distribution of household growth assumed for purposes of a
comparable period of regional transportation plans and opportunities to
maximize the use of public transportation and existing transportation
infrastructure.
(4) The market demand for housing.
(5) Agreements between a county and cities in a county to direct growth
toward incorporated areas of the county.
(6) The loss of units contained in assisted housing developments, as
defined in paragraph(8)of subdivision(a)of Section 65583,that changed
to non-low-income use,through mortgage prepayment, subsidy contract
expirations,or termination of use restrictions.
(7) High-housing cost burdens.
(8) The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private university
or a campus of the California State University or the University of California
within any member jurisdiction.
(10) Any other factors adopted by the council of governments.
(e) The council of governments, or delegate'subregion, as applicable, .
shall explain in writing how each of the factors described in subdivision(d)
was incorporated into the methodology and how the methodology is
consistent with subdivision (d) of Section 65584. The methodology may
include numerical weighting.
95
J
Ch.369 —12—
(f)
12—(f) Any ordinance,policy,voter-approved measure,or standard of a city
or county that directly or indirectly limits the number of residential building
permits issued by a city or county shall not be a justification for a
determination or a reduction in the share of a city or county of the,regional
housing need.
(g) In addition to the factors identified pursuant to subdivision,(d), the
council of governments,or delegate subregion,as applicable,shall identify
any existing local,regional,or state incentives,such as a priority.for funding
or other incentives available to those local governments that are willing to
accept a higher share than proposed in the draft allocation to those local
governments by the council.of goverriments or delegate subregion pursuant
to Section 65584.05.
(h) Following the conclusion of the 60-day public comment period
described in subdivision(c)on the proposed allocation methodology, and
after making any revisions deemed appropriate by the council of
governments,or delegate subregion,as applicable,as a result of comments
received during the public comment period, each council of governments,
or delegate subregion, as applicable, shall adopt a final regional, or
subregional, housing need allocation methodology and provide notice of
the adoption of the methodology to the jurisdictions within the region, or
delegate subregion as applicable,and to the department.
SEC.6. Section 65584.06 of the Government Code is amended to read:
65584.06. (a) For cities and counties without a council of governments,
the department shall determine and distribute the existing and projected
housing need, in accordance with Section 65584 and this section. If the
department determines that a county or counties,supported by a resolution
adopted by the board or boards of supervisors,and a majority of cities within
the county or counties representing a majority of the population of the county
or counties,possess the capability and resources and has agreed to accept
the responsibility,with respect to its jurisdiction,for the distribution of the
regional housing need, the department shall delegate this responsibility to
the cities and county or counties.
(b) The distribution of regional housing need shall,based upon available
data and in consultation with the cities and counties,take into consideration
market demand for housing, the distribution of household growth within
the county assumed in the regional transportation plan where applicable,
employment opportunities and commuting patterns, the availability of
suitable sites and public facilities,agreements between a county and cities
in a county to direct growth toward incorporated areas of the county, or
other considerations as may be requested by the affected cities or counties
and agreed to by the department.As part of the allocation of the regional
housing need,the department shall provide each city and county with data
describing the assumptions and methodology used in calculating its share
of the regional housing need.Consideration of suitable housing sites or land
suitable for urban development is not limited to existing zoning ordinances
and land use restrictions of a locality,but shall include consideration of the
potential for increased residential development under alternative: zoning
95
-13— Ch.369
ordinances and land use restrictions. The determination of available land
suitable for urban development may exclude lands where the Federal
Emergency Management Agency (FEMA) or the Department of Water
Resources has determined that the flood management infrastructure'designed
to protect that land is not adequate to avoid the risk of flooding.
(c) Within 90 days following the department's determination of a draft
distribution of the regional housing need to the cities and the county,a city
or county may propose to revise the determination of its share of the regional
housing need in accordance with criteria set forth in the draft distribution.
The proposed revised share shall be based upon comparable data available
for all affected jurisdictions,and accepted planning methodology,and shall
be supported by adequate documentation.
(d) (1) Within 60 days after the end of the 90-day time period for the
revision by the cities or county, the department shall accept the proposed
revision, modify its earlier determination, or indicate why the proposed
revision is inconsistent with the regional housing need.
(2) If the department does not accept the proposed revision,then,within
30 days, the city or county may request a public hearing to review the
determination.
(3)'The city or county shall be notified within 30 days by certified mail,
return receipt requested, of at least one public hearing regarding the
determination.
(4) The date of the hearing shall be at least 10 but not more than 15 days
from the date of the notification.
(5) Before making its final determination,the department shall consider
all comments received and shall include a written response to each request
for revision received from a city or county.
(e) If the department accepts the proposed revision or modifies its earlier
determination, the city or county shall use that share. If the department
grants a revised allocation pursuant to subdivision(d),the department shall
ensure that the total regional housing need is maintained.The department's
final determination shall be in writing and shall include information
explaining how its action is consistent with this section. If the department
indicates that the proposed revision is inconsistent with the regional housing
need,the city or county shall use the share that was originally determined
by the department. The department, within its final determination, may
adjust the allocation of a city or county that was not the subject of'a request
for revision of the draft distribution.
(f) The department shall issue a final regional housing need allocation
for all cities and counties within 45 days of the completion of the local
review period.
SEC.7. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges,fees,or assessments .
95
Ch.369 —14—
sufficient
14—sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
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10-25. Subdivision,of rural lands outside planned urban areas down to the allowed
minimum parcel size shall be discouraged, if the parcels are within, or only
accessible through, geologically unstable areas.
10-26. Approvals of public and private development projects in areas subject to slope
failures shall be contingent on geologic and engineering studies which define and
delineate potentially hazardous conditions and recommend adequate mitigation.
10-27. Soil and geological reports, shall be subject to`the review and approval of the
County Planning Geologist.
10-28. Generally, residential density shall decrease as slope increases, especially
above a 15 percent slope.
10-29. Significant very steep hillsides shall be considered unsuitable for types of
development which require extensive grading or other land disturbance.
10-30. Development shall be precluded in areas when landslides cannot be adequately repaired.
10-31. Subdivisions approved on hillsides which) include individual lots to be resold at
a later time shall. be large enough to provide flexibility in finding a', stable
buildable site and driveway location.
10-32. The County shall not accept dedication of public roads in unstable hillside
areas, or allow construction of private 'roads there which would require an
excessive degree of maintenance and repair costs.
GROUND FAILURE AND LANDSLIDE HAZARD IMPLEMENTATION MEASURES
10-m. Encourage the State Geological Survey to make preparation of Seismic
Hazards maps of Contra Costa County a priority.
10-n. Analyze the slope failure records of the,'Building Inspection Department and
U.S. Geological Survey and recommend any needed improvements in the
County's grading ordinance.
10-o. Consider adoption of a hillside preservation ordinance in order to implement
the policies'of the Safety Element and other elements of the General Plan.
10-p. Refer development proposals in areas of potential land instability or geologic
hazards to a registered engineering geologist for review and recommendation,
10-q. Through the environmental review process, require geologic and engineering
studies as necessary to evaluate proposed development in areas subject to
potential landslide hazards.
10-r. General Plan amendment requests which involve parcels with slopes 'of over
15 percent shall be accompanied by a geological/soils report.
10.8 FLOOD HAZARDS
INTRODUCTION
Substantial areas within Contra Costa County are subject to flooding. According to';records
maintained by the Federal Emergency Management Agency (FEMA), the majority of the
County's creeks and shoreline areas lie within the 100-year flood plain, i.e., an area�subject
to flooding in a storm that is likely to occur (according to averages based upon recorded
measurements) once every 100 ,years. The FEMA records are maintained as a means of
determining flood insurance rates through the National Flood Insurance Program.
10-26
10. Safety Element
In the West and. Central County, these areas include portions of the shoreline in the
vicinity of Richmond,'Hercules, Rodeo, Crockett, Port Costa, and Martinez; most'creeks
in urbanized areas, including Concord, Walnut Creek, and the San Ramon Valley; and
reservoirs and creeks located on undeveloped East Bay Regional Park District (EBRPD)
and East Bay Municipal Utility District (EBMUD) lands. In the East County, substantial
acreage lies within the 100-year flood plain, including Bethel Island, the Veale Tract,
Holland Tract, Franks Tract, Jersey Island, and the area in the Byron vicinity. Portions of
the Pittsburg, Antioch, and Brentwood areas, as well as a number of creeks in East
County, are also subject to flooding.
The most serious flood hazard that exists in Contra Costa County relates to the system
of levees that protect the islands and adjacent mainland in the San Joaquin-
Sacramento River Delta area in eastern Contra Costa. Levees are basically long,
continuous dams that keep water out of a lower area, such as the Delta islands', many
of which are at an elevation just above or below' sea level.
The islands in the California Delta were drained during the nineteenth century to create
high quality agricultural land. Since then, the peat-laden soil of many of the islands has
oxidized, resulting in a sinking of their island floors and consequently requiring the
construction of higher and heavier levees. Levee failure occurs in some areas where
levees rest on soft mud, silt, or peat.
The islands continue to flood. In general, the islands have been reclaimed after each
flood. However, Franks Tract State Park, essentially a lake east of Bethel Island, and
the Big Break area of water north of Oakley, are visible reminders that it is not always
practical or economical to reclaim flooded lands.! Flooding problems in the Delta area
have also been exacerbated by boat movement (primarily recreational) on the
waterways which causes waves;that accelerate the natural process of levee erosion.
The threat of levee failure during periods of high water is constant. In the years 1973,
1980, 1982, 1983, and 1986, one or more Delta island levees failed or were overtopped,
and some of these events were summer breaks that did not occur at times of high storm
runoff. Some islands in the Delta have been flooded two or three times since 1'980.
The possibility that flooding will occur on the islands in the Delta is greatly increased
by two ongoing, natural processes, which compound the dangers that periodic high
tides or strong winter storms may breach a portion of the existing levee system. The
two natural processes which impact the integrity of the levee are rising sea,, levels,
caused by the world-wide "greenhouse effect;" and "subsidence."
The greenhouse effect is a phenomenon that is projected to cause a rise in sea level over
the next century, thus creating potential flooding problems. Hydrologists estimate the
rate of rise may increase from the present one-half foot per century to approximately two
to eight feet. The anticipated rise is believed to be caused by warming of,the global
climate due to accumulation in the atmosphere of gases such as carbon dioxide, methane,
and chlorofluorocarbons which result from fossil fuel burning and deforestation of"tropical
rain forests. Since many factors affect global climates, the rate of change over a relatively
short time-period, even a century, is very difficult to establish. The U.S. Environmental
Protection Agency suggests that a rate of four feet per century be assumed for planning
purposes for the San Francisco Bay Area. It is important to note that the existing FEMA
flood hazard maps do not include the greenhouse effect in their potential flooding analysis.
10-27
10. Safety Element
In Contra Costa County, subsidence is caused by the natural process of oxidation of island
peat soils, resulting in a gradual sinking of the ground. As many of the islands in the
Delta (along with their levees) sink in elevation; the levees that protect the island's
agricultural and/or residential uses must be raised and reinforced by adding more earth fill
to the top of the levees. Recent evidence indicates that many islands have experienced
significant subsidence over the last several decades. For example, it is estimated that
Webb Tract in Contra Costa County has subsided up to 17 feet, and Bacon Island adjacent
to Contra Costa County has subsided approximately 14 feet. Most reclaimed portions of
the Delta in the County have subsided at least 10 feet. Areas that have experienced a
measurable amount of subsidence are illustrated in Figure 10-8, Flood Hazards Map
included in a later section of this chapter. These areas are highly susceptible to flooding.
A number of causes for subsidence have been identified. The oxidation-decay and .
shrinkage of peat and other,soils which are rich in organic matter and fine clay
particles may be the largest contributor to the problem. However, the withdrawal of
shallow ground water for surface drainage may also cause surface compaction ,and/or
soil shrinkage, which results i'n a loss of elevation. There is also evidence that the
pumping of groundwater, oil, or gas supplies from underneath several of the islands
may be contributing to the na ural consolidation and subsidence. Natural "tectonic"
subsidence may also be contributing to the problem.
There are great difficulties involved in estimating the amounts and rates of subsidence
from island to island in the Delta, since subsidence changes the elevation of; bench
marks, the survey points from which elevations are determined. It is first necessary to
establish elevation control from stable areas outside the Delta, which requires very
long survey lines. Recent work is concentrating on the use of an unmanned space
satellite as a "survey platform" from which to study changes in elevations.
The consequence of subsidence and the possibility of sea levels rising due;; to the
greenhouse effect is the increased potential that levees will fail and tidewater and high river
water will inundate farmed and populated areas in the Delta. The California Delta in Contra
Costa and in the adjoining counties has historically been devoted to agricultureand its
population has remained small. However, growing commercial recreation and residential
uses, as evidenced by the success of year-round subdivisions such as Discovery Bay, are
leading to increases in.the permanent population of the area. It will become increasingly
more important, but also more difficult, for the County to provide adequate flood protection
to residents and businesses in the Delta area. New urban development should be allow
only if long term, year-round flood protection can be provided to the area.
Allowing more residential and commercial development on or near the islands of the Delta
increases the disaster potential of subsidence and flooding when levees fail. Approving land
uses in the Delta area that support significant new populations must be carefully measured
in terms of the potential loss of'lives and property that could occur in the event of a major
flood. The economic consequences of certain development should also be studied.
Seismicity presents: additional special problems in the Delta. Delta levees are, in
places, underlain by sands that are susceptible to ground failures including liquefaction
during an earthquake. Strong earthquake shaking can cause the entire levee
foundation to lose strength, leading to levee failure. Many levees are themselves
constructed of liquefiable sand.
10-28
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According to a report,prepared for the East Bay Municipal Utility District, whose aqueduct
pipes cross the Delta, twelve separate faults are capable of causing ground motion sufficient
to cause liquefaction, requiring accelerations on the order of 7 to 27 percent of gravity (0.07
to 0.27g), with shaking lasting from about 5 to 23 seconds. A 1985 study by a State
Department of Water Resources geologist noted levee slips and cracks from fiv&recent
earthquakes, some as distant as 150 miles away from Contra Costa County. A large nearby
earthquake could.cause a number of simultaneous levee failures, making repairs difficult
because the levees are the only land access to many points following a levee break.
In addition to the flooding hazards associated with levee failure caused by an
earthquake,,fault ruptures or ground shaking during an earthquake can cause the
collapse of dams, as well as seiche and tsunami 1("tidal waves").
Dam safety is regulated by the State Department of Water Resources, Division of;Safety
of Dams. All large reservoirs in the County have been investigated and many have been
strengthened. Further, the Office of Emergency Services has produced inundation maps
and emergency plans covering various scenarios of dam failure in the County.
The safety of small dams, which are mostly ;used for stock watering and other
agricultural activities, is largely.a private concern, with present standards set?by the
County Grading Ordinance. Many small dams predate even this regulation. However,
seismic activity is not considered a significant hazard to small dams.
Tsunamis are sea waves created by undersea fault movement. Traveling through the deep
ocean, a tsunami wave is a broad, shallow, and fast moving wave. When it reaches the
coastline, the wave form pushes upward from the ocean bottom and becomes a high"swell of
water that breaks and washes inland with great force. The waves may reach fifty feet in
height on unprotected coasts, and one recorded tsunami (in Japan in 1896) killed nearly
30,000 people and destroyed over"10,000 homes. Several people were drowned in Crescent
City, California, in 1964 by the tsunami generated by the "Good Friday" Alaska earthquake.
Historic records of the Bay Area used by one study indicate that 19 tsunamis were
recorded in San Francisco Bay during the period, of 1868-1968. The maximum wave
height recorded at the Golden Gate Tide Gage was 7.4 feet, which may be regarded as
a reasonable maximum for future events.
The available data indicate a systematic diminishment of wave height from the,,Golden
Gate to about half that height on the shoreline near Richmond, and to nil at the head of
the Carquinez Strait. Thus, the damage potential of a tsunami will tend to be greater in
the Richmond area and show a general decrease`toward the head of Carquinez'"Strait.
Flooding can also result from seiche,which is a long wave-length, large-scale wave action
set up in a closed body of water such as a lake or reservoir. Seiche is known to occur
during earthquakes, but is not well understood. No occurrences have been recorded in the
Bay Area. Elongated and deep (relative to width) 'bodies of water seem most likely to be
affected, and earthquake wave orientation may also play a role in seiche formation. Seiche
can temporarily flood a shoreline'in a manner similar to tsunami; however, its destructive
capacity is not as great. Seiche may cause overtopping of impoundments such as dams,
particularly when the impoundment is in a near-filled condition, releasing flow downstream.
Maps of Flo d Hazard Areas-
Figure 10-8 depicts the general location of the FEMA flood hazard areas throughout
Contra Costa County. Flood Hazard Areas are those areas which have statistical
chance of flooding once in 100 years. This map is not intended to be used to locate
10-30
'de
10. Safety Element
parcel-specific sites in relation to Flood Hazard Areas, but to convey the genera[extent
and location of such areas. The map also indicates areas of subsidence in the County,
but does not presently include consideration of the greenhouse effect.
FLOOD HAZARD GOALS
10-G. To ensure public safety by directing development away from areas which may
pose a risk to life from flooding, and to mitigate flood risks to property.
10-H: To mitigate, the risk of flooding and' ,hazards to life, health, structures,
transportation and utilities due to subsidence, especially in the San Joaquin-
Sacramento`Delta area.
GENERAL POLICIES
10-33. The areas designated on Figure 1078 shall be considered inappropriate for
conventional urban development due to unmitigated flood hazards as defined by
FEMA. Applications for development at urban or suburban densities in areas where
there is a serious risk to life shall demonstrate appropriate solutions or be denied.
10-34. In mainland areas affected by creeks, development within the 100-year flood
plain shall be limited until a flood management plan can be adopted,, which
may include regional and local facilities'if needed. The riparian habitat shall
be protected by providing a cross section of channel suitable to carry the 100-
year flow. Flood management shall be accomplished within the guidelines
contained in the Open Space/Conservation Element.
10-35. In mainland areas along the.rivers and bays affected by water backing,up into
the watercourse, it shall be demonstrated prior to development that adequate
protection exists either'through levee protection or change of elevation.
10-36. On islands in East County, development shall not be allowed until a study is
performed to resolve issues and determine appropriate locations for development.
This study shall be a high priority for the County and should include the following:
o a risk assessment-of development in that area; and
o an analysis of flooding due to runoand tides,settlement of shallow soils,
deep subsffidence, liquefaction, and adequacy of insurance programs.
10-37. A uniform set of flood damage prevention'standards should be established by the
cooperative efforts of all:,County, State, and federal agencies with responsibilities
for flood control works,and development in flood-prone areas in the County.
10-38. Flood-proofing of structures shall be required.in any area subject to flooding;this shall
occur both adjacent to watercourses as well as in the Delta or along the waterfront.
10-39. In developing areas which are subject to the provisions of the Flood Insurance'
Program, for which there is no reasonable expectation of flood control project
participation by the Corps of Engineers and"where a significant number of properties
will be affected, the Flood Control District shall be permitted to construct 100-year
flood protection works when so directed by the Board of Supervisors.
10-40. Planning Agency and Flood Control District review of any significant.'project
proposed for areas in the County which are not presently in Flood Zones shall
include an evaluation°of the potential downstream flood damages which may
result from the project.
10-31
10. Safety Element
FLOOD HAZARD POLICIES
10-41. Buildings in 'urban development near the shoreline and in flood-prone areas
shall be protected from flood dangers, including consideration of rising sea
levels caused by the greenhouse effect. '
10-42. Habitable areas of structures near the shore line and in flood-prone areas shall be
sited above the highest water level expected during the life of the project, or shall
be protected for the expected life of the project by levees of an adequate design.
10-43. Rights-of-way for levees protecting inland areas from tidal flooding shall be
sufficiently wide on the upland side t6 allow for future levee widening to
support additional levee height.
10-44. The County shall review flooding policies in the General Plan on an annual
basis, in order to incorporate any new scientific findings regarding project sea
level rise due to the greenhouse effect.
10-45. The County shall review flooding policies as they relate to properties
designated by FEMA as within both the 100- and the 500-year floodplains.
Policies Regarding Subsidence
10-46. Whenever studies indicate subsidence is or may become a flood-threatening
problem, the County should continue to monitor subsidence until flood
protection is assured.
10-47. In accordance with the following policies, the General Plan shall not permit a
substantial non-agricultural, residential population to be subjected to
increased flood hazard due to subsidence.
10-48. Low density development of lands subject -to subsidence shall take into
account and fully mitigate the potential impacts of flooding based on the best
currently available techniques.
10-49. Any development approvals for areas subject to subsidence shall include
conditions which account for the need to support Delta reclamation and irrigation
districts, and to strengthen weak and low levees prior to development.
10-50. The pumping of substantial quantities of water, oil, and gas in an area
protected by levees is inconsistent with!new major development approvals.
Policies Regarding Flooding Due to Levee or Dam Failure, or Tsunami..
10-51. In order to protect lives and property, intensive urban and suburban
development shall not be permitted in reclaimed areas unless flood protection
in such areas is constructed, at a minimum, to the standards of the Flood
Disaster Protection Act bf 1973. Levees!,protecting these areas shall meet the
standards of the U.S. Army Corps of Engineers.
10-52. Delta levees shall be rehabilitated and maintained to protect beneficial uses of the
Delta and its water. Only those uses appropriate in areas subject to' risk of
flooding and seismic activity, such as agriculture and recreation, should be planned
and approved. This policy shall not apply1to Bethel Island or Discovery Bay.
10-53. Development of levee rehabilitation plans should consider methods to foster
riparian habitat to the fullest extent possible consistent with levee integrity.
10-32
Av
10. Safety Element
10-54. Agencies whose projects benefit from Delta levee protection, including the
State and federal government (water, highway, fish and wildlife, and
recreational projects), PG&E, and private; railroad companies, shall participate
in funding Delta levee improvements and maintenance.
10-55. The potential effects of,dam or. levee failure are so substantial that geologic
and engineering investigation shall be warranted as a prerequisite for
authorizing public and private construction of either public facilities or private
development in affected areas.
10-56. Development proposals should be reviewed!,with reference to dam failure inundation
maps, as these become available, in order to determine evacuation routes.
10-57. Dam and levee failure, as well as potential;'inundation from tsunamis and seiche,
shall be a significant consideration of the appropriateness of land use proposals.
10-58. Dams and levees should be designed to withstand the forces of anticipated
(design) earthquakes at their locations.
10-59. Important dams and coastal levees shall be regarded as critical facilities that
should not be sited over the trace of an,active or potentially active fault.
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10-60. Structures for human occupancy, and particularly critical structures, and potentially
dangerous commercial or industrial facilities (e.g., plants for the manufacture or
storage of hazardous materials) shall be protected against tsunami hazard.
FLOOD HAZARD IMPLEMENTATION MEASURES
10-5. Revise the creek setback ordinance for residential and commercial structures in
order to prevent property damages from bank failure along natural water courses.
10-t. Encourage the County Flood Control District to proceed with drainage
improvements in areas subject to flooding from inadequate facilities, and to
ensure that additional new drainage facilities, including road culverts and
bridges; are designed;to pass the flow specified by County Ordinance Code.
10-U. Develop Flood Control°Zone plans based'',on the concepts found in this General
Plan. As adopted zone plans are revised, they should be brought into
conformity with these concepts.
10-v. Draft and adopt a flood management plan for mainland areas affected by
creeks, in accordance with the guidelines contained in the Safety Element and
Open Space/Conservation Element of this General Plan.
10-w. Conduct a study of flooding conditions on islands in East County, including a
risk assessment of development in thatIlarea and an analysis of flooding due
to runoff and tides, settlement of shallow soils, deep subsidence, liquefaction,
and adequacy of insurance programs.
10-x. Establish a uniform set;of flood damage prevention standards in cooperation
with appropriate County, State, and federal agencies.
10-y. Through the environmental review process, ensure that potential flooding
impacts, due to new development, including on-site and downstream flood
damage, subsidence, °clam or levee failure, and potential inundation from
tsunamis and seiche, are adequately assessed. Impose appropriatemitigation
measures (e.g. flood-proofing, levee protection, Delta reclamations).
10-33
10. Safety Element
10-z. Develop and implement Delta levee rehabilitation plans in cooperation with
State and federal agencies and the private sector, in accordance with the
policies of this General.,Plan.
10-aa. Adopt ordinances implementing the FEMA Flood Insurance Program.
10-ab. Prohibit new structures which would restrict maintenance or future efforts to
increase the height of the levees from being constructed on top or
immediately adjacent.to the levees.
10-ac. All analysis of levee safety shall include consideration of the worst case
situations of high tides coupled with storm-driven waves.
10.9 HAZARDOUS MATERIALS USES
INTRODUCTION
Contra Costa County contains extensive heavy industrial development which may be
associated with hazardous materials uses along its west and north coasts, as depicted in
Figures 10-9a and 10-9b. Land uses involving hazardous materials or other hazards
considered in this section include airports, the Concord Naval Weapons Station, petroleum
and chemical processing plants; oil and gas wells, and petroleum product and natural gas
pipelines. In addition, land uses that involve hazards to navigation are considered here.
Heavy industrial land uses centered on the west and north shores of the County have the
potential to present significant risk to public safety because of the hazardous nature of some
petroleum and chemical materials. Potential hazards include explosion and flammability of
petroleum products and other chemicals, and chemical toxicity. Hazardous materials uses
are concentrated in heavy industries along the coasts, and are also present in lesser
quantities in industrial parks in the County's interior. Notwithstanding industrial safety
procedures,the presence of large quantities of hazardous materials in the County, particularly
close to and/or upwind of populated areas, poses a,potential safety hazard at all times.
Many industrial uses in the County are located on reclaimed marshland underlain by soft, wet,
unstable mud. However,damage from earth movements are believed to have a low probability
of occurrence because of adequate foundation design of buildings and other structures.
Information is not available on whether or not there are older tanks used to store
hazardous materials that are not sufficiently stabilized. Informal observation of tanks
in the County indicates that there is no requirement to space tanks far enough apart to
prevent a fire or explosion from spreading. In areas in which tanks are closely spaced,
particularly where these are close to population centers, there is a potential for a
disaster affecting a significant,population. Although historic accident records suggest
that such a risk is low, the seriousness of the event, should it occur, indicates that
some additional'' measure of public safety may be advisable.
Hundreds of miles of pipelines for the transportation of natural gas, crude oil, and
refined petroleum products traverse Contra Costa County, including residential and
commercial areas. Such pipelines cross areas with active fault lines, landslide deposits,
unstable slopes, and areas underlain by soft mud and peat. The risk presented to
pipelines by geologic conditions has not been quantified. The public safety hazard from
a pipeline break would depend on the proximity!''of the accident to populated areas as
well as the nature of the event that produced it (e.g., the landslide or earthquake ).
10-34
Attachments: New Fire Hazard Severity Maps - Contra Costa County
4., Fire Hazard Severity Zones in SIR for Contra Costa County,
adopted by Cal Fire
5. draft Fire Hazard Severity Zone in LRA for Contra Costa County
6. Figure 10-10, Fire Hazard Area Map,', Safety Element
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