Resolution 2023-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON APPROVING AND ADOPTING GENERAL PLAN AMENDMENT No. 2023-01, AN UPDATE TO THE HEALTH AND
SAFETY ELEMENT INCLUDING ADOPTION OF THE MULTI-JURISDICTIONAL HAZARD MITIGATING PLAN THEREIN PURUSANT TO GOVERNMENT CODE SECTION 65302.6 Whereas, the City of Patterson recognizes the threat that natural hazards pose to people and property within our community;
Whereas, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences;
Whereas, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards; Whereas, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments;
Whereas, an adopted Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update is required as a condition of future funding for mitigation projects under multiple Federal Emergency Management Agency (FEMA) pre- and post-disaster hazard mitigation assistance grant programs;
Whereas, the City of Patterson has met all federal requirements of the Stafford Act and applicable amendments, and has further met all the requirements of the Disaster Mitigation Act through stakeholder engagement and by participating in the Hazard Mitigation Planning Committee and through public participation from online surveys and public workshops; and Whereas, the City of Patterson fully participated in the FEMA-prescribed mitigation planning process to prepare this 2022 Stanislaus County MJHMP update and the City of Patterson Annex; Whereas, the California Office of Emergency Services (Cal OES) and FEMA Region IX officials have reviewed the 2022 Stanislaus County MJHMP update and approved it contingent upon this official adoption of the participating governing body;
Whereas, the City of Patterson desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Stanislaus County MJHMP update;
Whereas, the City of Patterson’s Strategic Plan includes actions related to public safety that focus on community involvement and water management;
Whereas, the City of Patterson’s General Plan Health and Safety Element includes Emergency Response Goal HS4 “To ensure that City emergency response procedures are adequate in the event of natural or human-made disasters.”;
Whereas, adoption by the governing body for the City of Patterson, demonstrates the jurisdiction’s commitment to fulfilling the mitigation goals and objectives outlined in this MJHMP update and the City of Patterson Annex;
Whereas, Assembly Bill (AB) 2140 provides cities the authority to adopt by reference their respective LHMP as part of the Safety Element of its General Plan and by doing so, a city becomes eligible for additional funding from the Cal 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; Whereas, additional funding from Cal 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 public health, safety, or welfare; and Whereas, adoption of this legitimacies the plan and authorizes responsible agencies to carry out their responsibilities under the plan; and
Whereas, the City Council, 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. The proposed General Plan Health & 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 Health & 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. Economic Development Element – Focuses on establishing goals, polices and programs aimed at improving Patterson’s economy by focusing on attracting desired businesses and industries, achieving a desirable jobs-to-housing ratio, maintaining an adequate land supply to meet demand and investing in the further education of city residents.
f. Air Resources and Climate Change Element – Provides policies and programs to guide the location, design, and quality of development in a manner that protects air quality resources in Patterson and in the region. g. Natural Resources Element – Provides policies and programs to guide the location, design, and quality of development in a manner that protects, preserves, and promotes important biological, agricultural, and water resources.
h. Parks, Recreation and Cultural Resources Element – Focuses on policies and resources needed to establish and maintain a public park system and recreation facilities suited to the needs of Patterson residents and visitors. i. Public Services and Facilities Element – Establishes goals, policies, and programs to ensure that the provisions of public services keep pace with new development, and that present infrastructure inadequacies are remedied.
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 adoption of the 2022 Stanislaus County MJHMP update and the City of Patterson Annex and as an amendment to the City of Patterson General Plan Health and Safety Element incorporating the MJHMP update is exempt from the California Environmental Quality Act (CEQA) pursuant to the following CEQA Guidelines sections each on a separate and independent basis: 15061(b)(3) (common sense exemption), 15183 (projects consistent with a community plan, general plan, or zoning), and 15162 (feasibility and planning studies). The common sense exemption applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Section 15183 categorically exempts projects that are consistent with the City’s General Plan, Community Plans, and Zoning Ordinance; the adoption of the MJHMP update and its incorporation into the General Plan by reference will not have a significant effect on the environment. Section 15162 exempts feasibility and planning studies; the MJHMP update is a planning study that informs the City of vulnerabilities to natural hazards and develops potential future actions to mitigation risks. The adoption of the MJHMP is not a commitment to any future action, nor is it a decision to approve, adopt, or fund any of the potential mitigation actions identified in the plan.
Now, therefore, be it resolved, that the City of Patterson adopts the 2022 Stanislaus County MJHMP update and the City of Patterson LHMP Annex as an official plan. Subsequent plan updates following the approval period for this plan will require separate adoption resolutions; and
Be it further resolved, the City of Patterson will submit this adoption resolution to the Cal OES and FEMA Region IX officials to enable the plan’s final approval in accordance with the requirements of the Disaster Mitigation Act of 2000 and to establish conformance with the requirements of AB 2140.
The foregoing resolution of the City Council of the City of Patterson was passed by the City Council at a special meeting held on the 18
th day of April 2023, by ______________, who
moved its adoption, which motion was duly seconded by _______________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
__________________________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
___________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 18 th day of April 2023, and I further certify
that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
___________________________________
City Clerk of the City of Patterson