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HomeMy WebLinkAboutResolutions 89-350 N.C.S. 11/06/1989Resolution No. 89-350 N ~.s. of the City of Petaluma, California RESOLUTION APPROVING THE ISSUANCE OF A MITIGATED NEGATIVE DECLARATION PURSUANT TO CEQA AND LOCAL GUIDELINES FOR AMENDMENTS TO GENERAL PLAN MAPS, ZONING MAP AND TEXT TO REFLECT REVISED FEDERAL FLOOD INSURANCE RATE MAP BOUNDARIES WHEREAS, the City of Petaluma participates in the National Flood Insurance Program (NFIP) ; an d WHEREAS, the City's participation in the NFIP is contingent upon local regulation of land uses and within the floodway and "100-year" floodplain boundaries; and WHEREAS, the flood hazard boundaries are defined by the Federal Emergency Management Agency (FEMA) and shown on the Federal Insurance Rate Maps (FIRMS) for this community; and WHEREAS, FEMA, after due process and consideration of community input, revised the FIRMS for areas within the City of Petaluma "to update corporate limits, to change base flood elevations, to change special flood hazard areas, to change zone designations, to update map format, to add roads and road names, to reflect updated topographic information and to change floodway" (FIRMS, Community #060379, effective 9/29/89); and WHEREAS, the revised FIRMS become effective on September 29, 1989; and WHEREAS, it is the .intent of the City to perform the following actions in anticipation of the FIRM effective date of September 29, 1989, so that the City's participation in the NFIP will be assured: 1. Amend the General Plan Land Use Map floodway boundary to conform to that shown on the FIRMS, 2. Revise the General Plan Land Use Map to provide land use categori es for those properties removed from the floodway, 3. Amend the General Plan Development Constraints Map floodway and floodplain boundaries to conform to those shown on the FIRM, 4. Amend the Zoning Map floodway and floodplain boundaries to conform to those shown on the FIRM and to provide a zone a~~s. N~........89-350.... N.cs. district designation for those properties removed from the Floodway Zone, and 5. Amend Zoning Ordinance Section 16-703.2 to clarify that all new lands located northwesterly of Old Redwood Highway now removed from Floodway are subject to the City's "no net fill" policy; and WHEREAS, the City of Petaluma has already adopted and implemented Floodway and Floodplain regulations that are more restrictive than FEMA regulations to the extent that the Floodplain's "no net fill" policy (City) meets the criteria established for minimum FEMA Floodway regulations; and WHEREAS, a written and verbal staff report, and written and verbal input from concerned property owners and citizens were received and considered by the Planning Commission during public hearings on these matters on September 12 and 26, 1989, prior to rendering a decision on this matter; and WHEREAS, the staff and Planning Commission recommended approval of a Mitigated Negative Declaration for this matter; and WHEREAS, the City Council considered this matter during a public hearing on October ].6 , 1989, NOW, THEREFORE, BE IT RESOLVED that the issuance of said Mitigated Negative Declaration is hereby approved pursuant to the California Environmental Quality Act (CEQA) and local guidelines for these General Plan and Zoning Amendments, based on the following findings: Findings 1. All development or construction activity is subject to environmental review and City Floodway or Floodplain zone regulations. Petaluma Floodway and Floodplain zone regulations meet or exceed FEMA requirements . 2. The City's "no net fill"policy mitigates the effects of development or grading within the "Denman Flats" area to a level of insignificance. Reso. 89-350 N.C.S. 3. The designation of certain properties located northwesterly of Old Redwood Highway as "Agricultural" further mitigates the effects of a reduced Floodway to a level of insignificance. 4. Because of the mitigations contained in findings 1-3, the adoption of FEMA's revised flood hazard boundaries into the General Plan and Zoning Maps and designation of land use/zoning categories for those properties removed from the floodway does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 5. Because of the mitigations contained in findings 1-3, the adoption of FEMA's revised flood hazard boundaries into the General Plan and Zoning Maps and designation of land use/zoning categories for those areas removed from the floodway does not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. 6. The adoption of FEMA's revised flood hazard boundaries into the General Plan and Zoning Maps and designation of land use/zoning categories for those areas removed from the floodway does not have impacts which are individually limited, but cumulatively considerable. 7. The adoption of FEMA's revised flood hazard boundaries into the General Plan and Zoning 1~4aps and designation of land use/zoning categories for those areas removed from the floodway does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly, because of the safeguards incorporated in the Floodway/Floodplain ordinance and subsequent environmental review of development proposals . Reso. 89-350 N.C.S. o; 8. The adoption of FEMA's revised flood hazard boundaries into the General Plan and Zoning Maps and designation of land use/zoning categories for those areas removed from the floodway are consistent with and further promote the objectives, goals, and policies of the General Plan because the community has adequately regulated land uses in flood-prone areas, required mitigation fees, and will continue to review development proposals in hazardous areas. 9. Failure to adopt (or significant delays in adopting) the flood hazard zones will threaten community welfare by jeopardizing citizen participation in the National Flood Insurance Program. staff.firm.9/26 / pcom26 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was is Council of the City of Petaluma at a (Regular) ~ on the .....~i>=h ............. day of .................I1Louemh~ following vote: -.. AYES:Tencer, Woolsey, Balshaw, Davis, Vice Mayor S~ NOES : 0 ~ ~ ~, ABSENT: Cavana ATTEST : .............. .................................................................................. City Clerk CA 10-85 Council Fil(e].................................... Res. No..89-3.5.~.......... N.C.S.