CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JANUARY 10, 2023
FROM: PLANNING AND BUILDING DEPARTMENT
FIRE AND RESCUE DEPARTMENT
SUBJECT: COMPREHENSIVE UPDATE TO THE SAFETY ELEMENT
OF THE GENERAL PLAN (DEVELOPMENT
APPLICATION NO. 2022-00074)
ATTACHMENT (Y/N): YES ITEM # 24
RECOMMENDATION:
That the City Council, by Resolution, take the following action:
1) Approve a City-initiated General Plan Amendment to update the Safety Element of the City’s General Plan, incorporating the Local Hazard Mitigation Plan pursuant to Government Code Section 65302.6; and find and 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.
DISCUSSION:
The Safety Element is one of the state-mandated chapters of the City’s General Plan. Its primary purpose is to identify potential risks within the City associated predominantly with natural hazards that could endanger the public health, safety, and welfare.
The City last updated its Safety Element in 2004. Since the last adoption of the City’s Safety Element, State law has been updated several times adding new requirements to Safety Elements and aligning required updates with the eight-year Housing Element Update cycle. The draft Safety Element includes new and revised goals and policies in order to meet community needs and regulatory requirements including compliance with the following State law requirements:
SB 1241 (2014): Requires the Safety Element to address wildfire hazard issues due to the presence of Very High Fire Hazard Severity Zones (VHFHSZ) and requires review by Cal Fire and the Board of Forestry and Fire Protection prior to City Council adoption (Attachment No. 3). SB 379 (2017): Requires the City to address climate adaptation and resiliency through the preparation of a vulnerability assessment or reliance on a Local Hazard Mitigation Plan that addresses climate adaptation risks and vulnerabilities.
200 S. Anaheim Blvd.
Suite 162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
Update to the Safety Element of the General Plan
January 10, 2023
SB 99 (2020): Requires the Safety Element to identify residential developments in any hazard areas that do not have at least two emergency evacuation routes.
The draft Safety Element also includes updated hazards mapping.
Staff has been working to update the Safety Element since August of 2021, along with updates to several other General Plan elements including the Housing Element, Circulation Element, and Land Use Element. Staff is bringing forward the Safety Element update for City Council review at this time, in advance of other General Plan elements, to ensure that the City is eligible for potential disaster funding as provided by State law.
The Safety Element update has been conducted along with the preparation of the City’s Local Hazard Mitigation Plan (LHMP) which was approved by the City Council on May 17, 2022. The Safety Element works in tandem with the LHMP to evaluate the risk of hazards and demonstrate how the City will lower its risk and exposure to potential disasters. State law, AB2140, allows California local governments to adopt their current, Federal Emergency Management Agency (FEMA)-approved LHMPs into the Safety Element of their General Plans making the City eligible to be considered for increased Public Assistance from the state through the California Disaster Assistance Act should a disaster occur.
The Draft Safety Element was available for public review in July and August 2022. Outreach included information on the City’s “Be Ready” and Safety Element Update webpages, speaking engagements at three District Community Meetings, and a public survey with 185 respondents.
The Draft Safety Element was also presented to the Planning Commission at a workshop held on August 1, 2022. In September 2022, FEMA approved the City’s LHMP, and Cal Fire and the Board of Forestry and Fire Protection approved the Safety Element.
On December 5, 2022, the Planning Commission unanimously recommended City Council approval on a 6-0 vote. A copy of the Planning Commission resolution is included as Attachment No. 2.
Environmental Impact Analysis
Staff recommends that the City Council find that the proposed General Plan Safety Element update is not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Pursuant to this section, 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.
CONCLUSION:
The Planning Commission found that the proposed General Plan Amendment satisfies the required General Plan Amendment findings and further supports goals and policies of the General Plan. Therefore, staff and the Planning Commission recommend approval of the proposed request.
Update to the Safety Element of the General Plan
January 10, 2023
IMPACT ON BUDGET:
The Safety Element update has been funded by the Anaheim Fire and Rescue Department, in conjunction with the preparation of the Local Hazard Mitigation Plan. There is sufficient budget for consultant costs related to the completion of the Safety Element in the Fire and Rescue Department’s FY 2022/23 General Fund budget.
Respectfully submitted,
Ted White Patrick Russell
Planning and Building Director Fire Chief
Attachments:
1. City Council Resolution
a. Exhibit A – Draft Safety Element Update
2. Planning Commission Resolution (without attachments)
3. Cal Fire Board of Forestry Assessment