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
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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
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