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HomeMy WebLinkAboutPlanning Commission Resolution 2021-12 05/25/2021 DocuSign Envelope ID:8471F513-1BCF-4981-9A14-1EBE266982C8 RESOLUTION 2021 -12 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND POLICY 10-P-2 OF 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 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 of Petaluma prepared the 2020 Local Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the 2020 Petaluma LHMP received conditional approval from the Federal Emergency Management Agency (FEMA) on December 3, 2020; and WHEREAS, the City Council of the City of Petaluma adopted the LHMP as the Local Hazard Mitigation Plan for the City of Petaluma on November 2, 2020; and WHEREAS, Assembly Bill (AB) 2140 provides cities the authority to adopt 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. 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, following a duly noticed public hearing held on May 25, 2021, the Petaluma Planning Commission considered the proposed amendment to the Health and Safety Element of General Plan Planning Commission Resolution No.2021-12 Page 1 DocuSign Envelope ID:8471F513-1BCF-4981-9A14-1EBE266982C8 2025 and following consideration of all public testimony (written and oral), moved to adopt the amendment. NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows: 1. The above recitals are hereby declared to be true and correct and are incorporated into the resolution as findings of the Petaluma Planning Commission. 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. The Planning Commission hereby recommends that the City Council approve a General Plan Amendment to add 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. Planning Commission Resolution No.2021-12 Page 2 DocuSign Envelope ID:8471F513-1BCF-4981-9A14-1EBE266982C8 ADOPTED this 25tb day of May 2021, by the following vote: Commission Member Aye No Absent Abstain Councilmember Fischer X Chair Bauer X Vice Chair Alonso X Hooper X Marzo X Potter X Rider X DocuSigned by: �TIBVJU 40haIr ATTEST: APPROVED AS TO FORM: Docu11/Signed by: DocuSigned by: P U c-a�v' WRtYWCommission Secretary '-WtMcBfW4Assistant City Attorney Planning Commission Resolution No.2021-12 Page 3