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HomeMy WebLinkAboutResolution 2021-113 N.C.S. 6/21/2021 Resolution No. 2021-113 N.C.S. Page 1 Resolution No. 2021-113 N.C.S. of the City of Petaluma, California RESOLUTION OF THE PETALUAMA CITY COUNCIL ADDING SECTION 10.4 (LOCAL HAZARD MITIGATION PLAN) TO THE HEALTH AND SAFETY ELEMENT OF GENERAL PLAN 2025 TO INCLUDE LANGUAGE STATING THAT THE CITY OF PETALUMA HAS ADOPTED A LOCAL HAZARD MITIGATION PLAN, IMPLEMENTING POLICY 10-P-2 WHEREAS, the City of Petaluma is vulnerable to natural hazards that may result In loss of life and property, economic hardship, and threats to the public health and safety; and WHEREAS, the City of Petaluma’s General Plan includes program “10-P-2 A. Adopt and maintain a Hazard Mitigation Plan (HMP) in compliance with applicable state and federal regulations”; and WHEREAS, the City prepared the 2020 Local Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the City Council adopted the LHMP as the Local Hazard Mitigation Plan for the City of Petaluma on November 2, 2020; and WHEREAS, the 2020 Petaluma LHMP received conditional approval from the Federal Emergency Management Agency (FEMA) on December 3, 2020; and WHEREAS, Assembly Bill (AB) 2140 provides cities the authority to adopt by reference their respective Local Hazard Mitigation Plan (LHMP) as part of the Safety Element of its General Plan and by doing so, a city becomes eligible for additional funding from the California Office of Emergency Services (OES) under the California Disaster Assistance Act, and absent adoption of the LHMP into the Safety Element, maximum State funding from the OES is limited to 75% of the total cost of mitigation for qualifying events; and WHEREAS, additional funding from OES made available through this General Plan Amendment is in the public interest; and WHEREAS, the potential impacts and proposed changes due to the General Plan Amendment are not detrimental to the public health, safety, or welfare; and WHEREAS, Environmental compliance for the item was previously analyzed with the General Plan Environmental Impact Report, specifically Policy 10-P-2, which proposed the adoption of a Local Hazard Mitigation Plan and the Plan was also analyzed when City Council adopted the Plan on November 2, 2020; and WHEREAS, amending the General Plan to incorporate the Local Hazard Mitigation Plan by reference is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) through the use of the “General Rule” Section 15061(b)(3) of the CEQA Guidelines as adoption of the Amendment will have no potential adverse impact upon the environment because the LHMP will act a guidebook for hazard mitigation strategies but does not implement any specific project, action, or funding; and WHEREAS, on May 25, 2021, the Petaluma Planning Commission held a duly noticed public hearing to consider the proposed amendment to the Health and Safety Element of the General Plan 2025 and received all public testimony; and DocuSign Envelope ID: 6DCFEAC2-FD58-4899-9F45-7A7FDDCD8D92 Resolution No. 2021-113 N.C.S. Page 2 WHEREAS, at their May 25, 2021 meeting the Planning Commission adopted Resolution No. 2021-12, recommending the City Council adopt a General Plan Amendment to amend the Health and Safety Element of General Plan 2025 as described; and WHEREAS, following a duly noticed public hearing on June 21, 2021, the City Council considered the Planning Commission’s recommendation and following consideration of all public testimony (written and oral), moved to adopt the General Plan Amendment. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. Declares the above recitals to be true and correct and are incorporated herein as findings. 2. The General Plan Amendment is not a project within the meaning of CEQA Guidelines Section 15378, because it has no potential for resulting in physical change in the environment, directly or ultimately; it prevents changes in the environment related to new gas station use applications. Moreover, the amendment is, pursuant to CEQA Guidelines 15061(b)(3), not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 3. Government Code Section 65358 allows General Plan amendments when it is deemed in the public interest to do so. 4. Approves a General Plan Amendment to incorporate the Local Hazard Mitigation Plan into General Plan 2025 by reference by adding to section 10.4 (strikethrough = deletion; underline = addition) as follows: LOCAL HAZARD MITIGATION PLAN On November 2, 2020 the Petaluma City Council adopted the 2020 Local Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000. The Plan was conditionally approved by the Federal Emergency Management Agency (FEMA) on December 3, 2020. The Local Hazard Mitigation Plan is incorporated herein. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 21st day of June 2021, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: 6DCFEAC2-FD58-4899-9F45-7A7FDDCD8D92