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2. Planning Commission Resolution (without attachments)

Anaheim City Council
January 10, 2023

Document
2. Planning Commission Resolution (without attachments)
Meeting
January 10, 2023
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Anaheim City Council
Original file
320 KB
Text extracted from the city's file for reading and search. Open the original on local.anaheim.net. That file is the official record.

RESOLUTION NO. PC2022-094

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF ANAHEIM RECOMMENDING THAT THE CITY

COUNCIL OF THE CITY OF ANAHEIM APPROVE AND

ADOPT PROPOSED GENERAL PLAN AMENDMENT
(DEV2022-00074), AN UPDATE OF THE SAFETY ELEMENT

INCLUDING ADOPTION OF A LOCAL HAZARD

MITIGATION PLAN THEREIN PURSUANT TO
GOVERNMENT CODE SECTION 65302.6
WHEREAS, the protection of the community's public health, safety, and welfare is an inherent responsibility of local, state and federal government; and WHEREAS, the City of Anaheim is charged and entrusted with the protection of persons and property prior to and during emergencies, and/or disaster conditions; and WHEREAS, the City's General Plan is required to include a Safety Element for the protection of the community; and
WHEREAS, this Safety Element update represents a comprehensive description of the City of Anaheim's commitment to reducing, preventing or eliminating potential impacts of disasters caused by natural and human-caused hazards; and
WHERAS, with the adoption of Resolution No. 2022-046 on May 17, 2022, the City Council adopted the FEMA-approved Local Hazard Mitigation Plan (LHMP); and WHEREAS, pursuant to Government Code Section 65302.6 the City of Anaheim may adopt a LHMP as part of the Safety Element of its General Plan and in so doing, pursuant to Government Code Section 8685.9, the City is eligible to recover additional disaster reimbursement from the State pursuant to Assembly Bill No. 2140 (2005-06 Reg. Sess.); and WHEREAS, public meetings on the Safety Element and Local Hazard Mitigation Plan were held in March 2022; and
WHEREAS, a draft of the Safety Element was made available for public comment during July and August 2022; and
WHEREAS, proposed General Plan Amendment (DEV2022-00074) was advertised and noticed for a public hearing before the Planning Commission at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 5, 2022, at 5:00 p.m.; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 5, 2022, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against the General Plan Safety Element update and related actions, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find:

1. That the proposed General Plan Safety Element update maintains the internal consistency with the General Plan in the following ways:
a. Housing Element - Identifies policies used to guide the development of new housing and the future population increases expected within the City. The Safety Element can help ensure new residents are located in low-risk areas and make sure the latest codes and standards are followed.
b. Land Use Element - Ensures the City understands and addresses the natural and human-caused hazards affecting the community by designating the appropriate land uses in hazardous locations.
c. Circulation Element - Can influence public health and safety by addressing traffic congestion on roads designated as evacuation routes during emergencies and by redefining truck routes to avoid residential and other heavily populated areas. d. Community Design Element -Focuses on policies and programs to address city and district level design elements and features and create a strong community identity. e. Green Element - Focuses on advancing sustainable goals and policies focused on stormwater management, energy conservation, building performance, and landscaping to ensure a more resilient future for Anaheim. f. Growth Management Element -Focuses on the effective management of population growth and development within the City.
g. Public Services and Facilities Element -Focuses on the provision of key services like utility (water/sewer/electric), police, and fire, and ensuring these services expand to meet future demands.

2. That the proposed Safety Element update would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed Safety Element update evaluates the risk of hazards and demonstrates how the City will lower its risk and exposure to potential disasters.

3. That the proposed Safety Element update would maintain the balance of land uses within the City because it would protect existing and future developments within the City and surrounding areas, and
WHEREAS, the Planning Commission finds and recommends that the City Council determine that the adoption of the updated General Plan Safety Element is not subject to the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the State CEQA Guidelines and no further documentation needs to be prepared for CEQA at this time because the proposed update fits within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that, the proposed update would amend the Safety Element to reflect State law, the proposed update will not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA; and - 2 - PC2022-094
WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it.

NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve and adopt the General Plan Safety Element update (DEV2022-00074), thereby adopting the Local Hazard Mitigation Plan therein pursuant to Government Code Section 65302.6, and revise the General Plan to reflect these changes as set forth in Exhibit "A" to this Resolution.

THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 5, 2022.

C NNING COMMISSION OF THE

CITY OF ANAHEIM
ATTEST:
��

SECRETARY, PLANNING COMMISSION

OF THE CITY OF ANAHEIM
- 3 - PC2022-094

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