HomeMy WebLinkAbout117-AB 162 Compliance Review.pdf Attachment 4
AB 162 Compliance Review
Assembly Bill 162 was passed by the legislature and signed by the Governor in 2007. The bill requires
cities and counties to review the Conservation and Safety Elements of their General Plans in connection
with required updates to the Housing Element. The Conservation and Safety Element reviews are
required to consider the extent to which those elements address the flooding and hydrology issues
described in the first column of the table below. The second column of this table describes how the City
of Saratoga’s existing Conservation Element and Safety Element address the issues of concern. For
issues not addressed by the current General Plan the third column proposes amendments that would
address the requirements of AB 162. Where no amendments are required the third column states “None
Necessary.” (In describing changes to existing text, text to be added is indicated in bold double-
underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout
(e.g. strikeout
). Text in standard font remains unchanged. )
AB 162 Requirement Existing General Plan Provisions Proposed Amendments (if necessary)
Conservation Element (CE) Requirement:
Identify rivers, creeks, streams, flood corridors,
riparian habitats, and land that may
accommodate floodwater for purposes of
groundwater recharge and stormwater
management.
CE pg. 4: discussion of flood easements by
SCVWD.
CE pg. 12: discussion of flood plain.
CE pg. 15: discussion of watershed protection
areas.
Exhibit OSC-3: Identifies areas within the 100-
year flood plain.
Goal OSC 9: Goal and subsequent policies
address protecting existing watercourses and to
retain surface water to the greatest extent
possible.
On page 12 of the Conservation Element, insert the following
paragraph at the end of the section titled “Flood Plain & Flood
Protection” :
As indicated by Exhibit OSC-5, upland areas in Saratoga
contribute to groundwater recharge and are protected as
watershed protection areas. Given the nature of Saratoga’s
topography and hydrology, however, there is no significant
accumulation of flood water and consequently, no opportunity
for groundwater recharge in association with flooding.
Safety Element (SE) Requirements:
(A) Identify information regarding flood
hazards, including, but not limited to, the
following
Discussed below. Discussed below.
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AB 162 Requirement Existing General Plan Provisions Proposed Amendments (if necessary)
(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.
FEMA maps show the 100 year floodplain.
FEMA has not identified any areas of
“moderate or minimal hazard.”
The SE includes a schematic map showing areas
subject to flooding. Other elements of the
General Plan include a more detailed map
showing the 100 year flood plain.
On page 13 of the Safety Element, revise the first sentence of the
section titled “Identification of Areas Subject to Flooding” as
follows:
“Several creek areas in Saratoga have been identified as flood
hazard areas (see Map 3, Exhibit OSC-3, Federal Emergency
Management Agency maps on file with the Department of
Public Works and, with respect to risks from the Lake Ranch
Reservoir, the Dam Failure Inundation Hazard Map for
Saratoga prepared by the Association of Bay Area
Governments on file with the Department of Public Works).
Lands within the 200 year floodplain are shown on maps
prepared by the Department of Water Resources as part of its
Awareness Floodplain Mapping Program available at:
http://www.water.ca.gov/floodmgmt/lrafmo/fmb/fes/awarenes
s_floodplain_maps/.”
(ii) National Flood Insurance Program maps
published by FEMA.
The City received new Flood Insurance Rate
Maps from FEMA, as published on May 18,
2009. These should be referenced in the Safety
Element.
See text change proposed above.
(iii) Information about flood hazards that is
available from the United States Army Corps
of Engineers.
The Army Corps of Engineers declined requests
to provide any information in this regard.
None Necessary
(iv) Designated floodway maps that are
available from the Central Valley Flood
Protection Board.
Not Applicable, as the Central Valley Flood
Protection Board pertains to jurisdictions
located within the San Joaquin Drainage
District, which is located in Madera, Fresno,
Merced, Stanislaus, San Joaquin, Contra Costa,
Sacramento, Solano, Yolo, Sutter, Yuba, Placer,
Colusa, Butte and Glenn counties.
None Necessary
(v) Dam failure inundation maps prepared
pursuant to Section 8589.5 that are available
from the Office of Emergency Services.
The Safety Element discusses the possibility of
failure of Lake Ranch reservoir dams but does
not include any mapping.
See text change proposed above.
(vi) Awareness Floodplain Mapping Program
maps and 200-year flood plain maps that are or
200-year flood plain maps are not available on
the DWR website. The Awareness Floodplain
See text change proposed above.
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AB 162 Requirement Existing General Plan Provisions Proposed Amendments (if necessary)
may be available from, or accepted by, the
Department of Water Resources.
Mapping Program maps are not referenced in
the Safety Element.
(vii) Maps of levee protection zones.
As there are no levees in Saratoga, there are no
levee protection zones.
None Necessary
(viii) Areas subject to inundation in the event
of the failure of project or nonproject levees or
floodwalls.
As there are no levees or floodwalls in Saratoga,
no areas are subject to inundation.
None Necessary
(ix) Historical data on flooding, including
locally prepared maps of areas that are subject
to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have
been repeatedly damaged by flooding.
SE pg. 12: section on Historic Data on Flooding
in Area.
SE pg. 15: information on areas likely to be
flooded.
None Necessary
(x) Existing and planned development in flood
hazard zones, including structures, roads,
utilities, and essential public facilities.
Saratoga does not have homes or essential
public facilities planned within any flood hazard
zones. In light of limitations on new
construction in flood hazard areas there is little
development in flood hazard zones.
On page 14, immediately preceding the section titled “Flood
Control and Emergency Services” insert the following new
paragraph:
Saratoga works to limit the placement of development in
flood hazard areas through the measures described above
and by requiring compliance with the City’s Floodplain
Management Ordinance (Saratoga Code, Article 16-66).
Public facilities adjoining the 100 year flood plain are
shown in Figures S-1 through S-4 at the end of this Element.
At the end of the Element insert the Figures referenced above.
(xi) Local, state, and federal agencies with
responsibility for emergency services flood
protection, including special districts and local
offices of emergency services.
SE pg. 14: section on Flood Control and
emergency services. Santa Clara Valley Water
District has established an emergency
operations center in San Jose to gather and
disseminate information, to evaluate existing
and potential flood and earthquake conditions,
and to advise local communities of corrective
measures as necessary.
None Necessary
(B) Establish a set of comprehensive goals, Discussed below. Discussed below
4
AB 162 Requirement Existing General Plan Provisions Proposed Amendments (if necessary)
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.
Safety Goal 3.0 and subsequent policies reduce
the damage to public and private property as a
result to flooding. This section also refers all
proposed projects to the Water District for
review and comments.
SE pg. 12: Describes conditions of approval
required for tentative subdivision maps.
SE pg. 13-14: Explains that Saratoga
participates in NFIP, which requires certain city
actions to minimize risk.
SE does not describe the City’s comprehensive
floodplain management ordinance.
See text revisions to page 14, discussed above.
(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.
Safety Goal 3.0 and subsequent policies reduce
the damage to public and private property as a
result to flooding. This section also refers all
proposed projects to the Water District for
review and comments.
None Necessary
(iii) Maintaining the structural and operational
integrity of essential public facilities during
flooding.
The Safety Element addresses emergency
preparedness on pg. 33. Safety Goal 5.0
address emergency preparedness and identifies
policies that include an update to the city’s
Emergency Plan on a regular basis, coordination
with local jurisdictions and regional agencies,
encourages citizens to take responsibility for
their own safety (this includes participation in
city sponsored disaster preparedness exercises.)
None Necessary
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AB 162 Requirement Existing General Plan Provisions Proposed Amendments (if necessary)
(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 or other methods to
minimize damage if these facilities are located
in flood hazard zones.
Map 6 of the City’s Emergency Evacuation Plan
illustrates evacuation routes and primary places
of assembly (Saratoga High School, West
Valley College, and the Odd Fellows Home.)
The City’s emergency operating centers are also
show on the map at City Hall and the Saratoga
Fire Station. The figures referenced in the new
text addition at page 14 of the Safety Element
indicate the relationship of public facilities and
flood hazard areas.
None Necessary
(v) Establishing cooperative working
relationships among public agencies with
responsibility for flood protection.
The City coordinates with Santa Clara County
and the Santa Clara Valley Water District as
described in Safety Policy 3.1.
None Necessary
(C) Establish a set of feasible implementation
measures designed to carry out the goals,
policies, and objectives established pursuant to
subparagraph (B).
Safety Goal 3.0 and subsequent policies address
the mechanisms to reduce damage to public and
private property resulting from flooding and
flood induced hazards.
Safety Goal 5.0 and subsequent policies
addresses the continuous update to the City’s
Emergency Plan.
None Necessary