SB5 Compliance – City of Modesto

Project Lead: City of Modesto

Potential Project Partners:
Stanislaus County

Short Project Description:
Comply with SB 5 regulations through update of the City’s relevant planning documents and completion of a preliminary engineering report to identify potential alternatives on how the City can provide 200-year flood protection.

Long Project Description:
Senate Bill 5 was passed in 2007 which requires a 200-year level of flood protection for urban and urbanizing areas within California’s Central Valley. Under SB5, development in moderate or special flood hazard areas (i.e. 500-year and 100-year floodplains, respectively) would only be allowed within the Central Valley if the city or county can find, based on substantial evidence in the record, that the development will be subject to flood depths of 3 feet or less during a 200-year flood event. The City is in the process of mapping the 200-year floodplains from the Tuolumne River within Modesto to determine where an Urban Level of Flood Protection (ULOP) finding is required (e.g., where potential depth from a 200-year flood event is greater than 3 feet). This will inform Modesto on where a ULOP finding in the City will be required, and where a ULOP finding is not required. The City is required to make the ULOP finding before: (1) entering into a development agreement for any property that is located within a flood hazard zone; (2) approving a discretionary permit or other discretionary entitlement, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone; or (3) approving 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.

Phase I of this project will develop proposed amendments to the City of Modesto Urban Area General Plan and City of Modesto Zoning Code to include information associated with the new 200-year flood maps and ULOP provisions, as well as the 2012 Central Valley Flood Protection Plan. Proposed amendments can include supporting goals, policies, and implementation programs for the General Plan, and standards, regulations, and potentially new zoning districts for the Zoning Code.

For areas where ULOP findings are required, the next step, Phase II, will be for Modesto to complete a preliminary engineering report to identify potential alternatives for those areas. Implementation of the recommended alternatives will provide 200-year flood protection to targeted areas of the City. Phase III of this project will be to determine how the City will finance the proposed improvements.

Unique Project Characteristics:
Implementation of this project will enable Modesto to not only comply with SB5 regulations but to determine which areas within the City are most appropriate for growth and where flood risk is minimized. This will enable Modesto to continue to grow and provide opportunities for economic development.

Project Status Pre-planning
Project Cost $130,000
Project Timeframe Phases I and II - 1 year; Phase III - 10-20 years
Cost-sharing No opportunities identified to date.
Multi-benefit Project Yes
Types of benefits The project would improve flood risk management and institutional support.
Source of Project City of Modesto

 

Background Information:
None provided.