Central Valley Flood Protection Plan Senate Bill 5 Amendments General Plan, Zoning Ordinance, and Building Code Board of Supervisors Hearing October 25, 2016

Approve an EIR Addendum pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; and, Adopt amendments to the Butte County General Plan Land Use Element, Health and Safety Element and Land Use Map as set forth in the Resolution, and authorize the Chair to sign; and, Adopt an Ordinance amending Butte County Code Chapter 24. Zoning Ordinance and amending the official Zoning Map, as set forth in the Resolution, and authorize the Chair to sign. NOTE: The Agenda Report discusses related ordinance amendments to Butte County Code Chapter 26. Building Code. These amendments are presented for context, but are being considered for adoption under a separate agenda item. The EIR addendum includes the amendments to the Building Code. Recommended Actions

Background SB 5 Central Valley Flood Protection Board must adopt a specified flood protection plan that addresses the Sacramento-San Joaquin Valley’s flood vulnerabilities related to a “200-year flood” Requires each city and county in the region to update the General Plan and Zoning Ordinance with new flood information, new policies, and new regulations -The bill was passed/signed into law in 2007 -In early 2016, the County initiated amendments to the Health and Safety Element, Land Use Element, Building Code, and Zoning Code to reflect state requirements

Planning Commission’s Actions Planning Commission Hearing on September 22, 2016 Discussed proposed amendments and the EIR Addendum Planning Commission voted unanimously to recommend approval of the amendments to the Board of Supervisors No public comment or testimony was received at this hearing -The bill was passed/signed into law in 2007 -In early 2016, the County initiated amendments to the Health and Safety Element, Land Use Element, Building Code, and Zoning Code to reflect state requirements

Butte County’s SB 5 Update General Plan Update (Health and Safety Element) New flood hazards maps New policies and actions Land Use Element Reference to new 200-year floodplain map in Health and Safety Element Zoning Code New Urban Flood Protection Overlay Zone showing the 200-year floodplain Building Code Additional requirements for issuance of building permits What are the new policies and actions? -Example policy: Locate critical facilities outside 100-year and 200-year floodplains when possible Explain requirements for building permits and three conditions set in SB 5.

Policy Changes Healthy & Safety Element Policy Modified or New Summary of Policy HS-P2.5 Modified Removes 200-year floodplain construction requirements; moved to HS–P2.6 and -2.7. HS-P2.6 County is required to make findings prior to issuing a bldg. permit if 3 conditions are met. HS-P2.7 New Protects critical facilities from a 200-year flood event. HS-A2.1 Implementation of 200-year floodplain protection findings. HS-A2.4 Requires County to annually review flood risk areas. HS-A5.3 Requires County to identify new flood protection methods. SB 1241 requires local agencies with land in State Responsibility Areas to update their GPs to reflect the SRAs per CAL FIRE Land in SRAs fall within the responsibility of CAL FIRE. A letter from the Dept. of Forestry (CAL FIRE), provided to the PC, indicates the need for the development of a Wildfire Protection Plan. Imp. Program HS.I-29 proposes to develop such a program should grant funding become available.

HS-2: 200-Year Floodplain & Critical Facilities Areas with greater than 3-foot flood depth are located within the City of Chico and Chico’s sphere of influence. Explain situation if applicant applies for permit in sphere of influence area.

HS-3: Levee and Flood Protection Zone Map Regional, State, or Federally owned levees are shown in red. Other levees, shown in black, may or may not meet State and Federal standards. Project levee: Part of facilities of the State Plan of Flood Control (Sac SJ Drainage basin) Levee Flood Protection Zone is only based on RED levees, because they meet Federal standards.

HS-4: State & Private Dam Inundation Map Dam inundation areas result from the failure of major State and Federally operated dams. Butte County contains numerous other smaller dams, shown as blue dots.

Zoning Code and Building Code New Urban Flood Protection Overlay Zone, based on the 200-year floodplain map Building Code Establishes additional requirements for issuance of building permits when three conditions are met: Proposed development is in the 200-year flood zone, It is an “urban or urbanizing area”, and Flood depths are greater than 3 feet If all 3 conditions are met, then the Floodplain Administrator is required to make certain findings prior to issuing a building permit; explain again about SOI and process for working with the City of Chico.

Overview of Findings Process

CEQA Review: EIR Addendum The proposed amendments do not meet the criteria for preparing a subsequent EIR or negative declaration.

Questions?

Public Comment?

Approve an EIR Addendum pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; and, Adopt amendments to the Butte County General Plan Land Use Element, Health and Safety Element and Land Use Map as set forth in the Resolution, and authorize the Chair to sign; and, Adopt an Ordinance amending Butte County Code Chapter 24. Zoning Ordinance and amending the official Zoning Map, as set forth in the Resolution, and authorize the Chair to sign. Recommended Actions