____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.b
Meeting Date: June 1, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Micah Hinkle, Director
Margaret Kavanaugh-Lynch,
Planning Manager
City Manager Approval: ______________
TOPIC: AMENDMENT TO THE GENERAL PLAN’S SAFETY AND RESILIENCE ELEMENT SUBJECT: RESOLUTION ADOPTING AN AMENDMENT TO SAFETY AND RESILIENCE ELEMENT OF THE GENERAL PLAN 2040 TO CONTINUE TO MEET THE GOALS OF ASSEMBLY BILL (AB) 2140 (2006), AND FINDING THAT THIS ACTION IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15378(A), AND 15061(B)(3)
RECOMMENDATION:
Staff recommends that the City Council approve a resolution adopting an amendment to the Safety and Resilience Element of the General Plan 2040 to continue to meet the goals of Assembly Bill (AB) 2140 based on the findings included in the staff report.
BACKGROUND:
On September 29, 2006, the Governor of California signed Assembly Bill (AB) 2140 (2006), which allows California cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting current Federal Emergency Management Act (FEMA) approved Local Hazard Mitigation Plans (LHMPs) into the Safety Element of their General Plan. AB 2140 compliance is not a requirement; however, compliance makes a city eligible for an additional 6.25 percent local share funded by the state, essentially covering the entire local share cost for eligible Public Assistance projects in the future for disaster relief. Examples of Public Assistance projects may include actions such as debris removal in the immediate aftermath of a disaster, or permanent work such as road and bridge rehabilitation.
The City Council established the City of San Rafael’s current general plan, General Plan 2040, in 2021.
Subsequently, in 2024, the City Council adopted the 2024 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP) and the City of San Rafael Annex. Accordingly, the General Plan 2040 does not currently incorporate Marin County’s current MJLHMP.
To ensure AB 2140 compliance and maximize state funding, staff has drafted a minor text update in the General Plan 2040’s Safety and Resilience Element to reflect the current MJLHMP.
This task is part of a larger effort by Community and Economic Development Department staff to update the City’s policy documents, such as the General Plan, to ensure they remain current. On March 10, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
2026, staff held a study session and presented the proposed General Plan 2040 amendment to the Planning Commission for discussion. At a subsequent meeting on April 14, 2026, the Planning Commission reviewed the proposed General Plan 2040 amendment again and voted unanimously to recommend that the City Council approve staff’s proposed amendment.
ANALYSIS:
In order to continue to comply with AB 2140 and maximize the City’s eligibility for state funding, staff recommends that the City add the following text amendments to Page 8-2 of the General Plan 2040 (existing text shown in italics and new text shown below):
The City of San Rafael is committed to proactively reducing risks and expenses from natural disasters through hazard mitigation planning. A Local Hazard Mitigation Plan (LHMP) was originally adopted in November 2017. In July 2019, the City adopted the Marin County Multi-Jurisdictional Local Hazard Mitigation Plan, which complements the City’s Plan with additional programs covering a broader geographic area and wider range of hazards. In October of 2024, the City adopted the most recent Marin County Multi-Jurisdictional Local Hazard Mitigation Plan, along with the San Rafael Annex. It was approved by the Federal Emergency Management Agency (FEMA) on January 30, 2024. The Plan provides guidance and insight into the hazards as well as possible mitigations that exist throughout Marin County, while the San Rafael Annex focuses directly on our City. This Plan should be consulted alongside this Element when addressing known hazards to ensure the general health and safety of the San Rafael community, and can be accessed at the following web address: Local Hazard Mitigation Plan - San Rafael.
The proposed amendment is consistent with the General Plan 2040 in that this action would implement the following deliverables from the Safety and Resilience Element of the General Plan:
• Policy S-1.1: Local Hazard Mitigation Plan (LHMP). The San Rafael LHMP is adopted by reference into the General Plan.
• Program S-1.1C: LHMP Updates. Periodically update the Local Hazard Mitigation Plan to reflect new data, technology, available resources, partnership opportunities, and state and federal requirements.
The MJLHMP is a critical component of the City's emergency preparedness and planning, and this amendment to the Safety and Resilience Element will increase the City’s eligibility for disaster assistance.
Furthermore, approval of the proposed amendment is consistent with Priority Area C: Sustainability and Resilience of the City Council’s Three-Year Strategic Plan in that it would make the City eligible for funding necessary to recover from a disaster or to mitigate against other hazards.
ENVIRONMENTAL DETERMINATION:
The project is exempt from the California Environmental Quality Act (CEQA). The adoption of the update to the Environmental Hazards Element of the General Plan is not a “Project” under CEQA Guidelines Section 15378(a), in that this action does not have a potential for a direct physical change or reasonably indirect physical change in the environment. In the event that the action is considered a “Project” under CEQA, the action is exempt per CEQA Guideline section 15061(b)(3), in that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This proposed action would have no possibility of such a significant effect.
COMMUNITY OUTREACH:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Staff presented the proposed General Plan 2040 amendment to the Planning Commission on March 10, 2026, and April 14, 2026. The Planning Commission voted unanimously to recommend that the City Council approve the proposed amendment.
Additionally, staff has provided notice of a hearing for the proposed amendments in accordance with the noticing requirements set forth in Chapter 14.29 of the Zoning Ordinance and Government Code Section 65867. Staff has not received any comments as of the publication of this report.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
OPTIONS:
1. Adopt the General Plan 2040 Amendment (staff recommendation)
2. Adopt the General Plan 2040 Amendment with modification; or
3. Continue the item and request additional information or analysis.
RECOMMENDED ACTION:
Staff recommends that the City Council approve a resolution adopting an amendment to the Safety and Resilience Element of the General Plan 2040 to continue to meet the goals of Assembly Bill (AB) 2140 based on the findings included in the staff report.
ATTACHMENTS:
1. Resolution adopting the General Plan Amendment.
2. Planning Commission Resolution (April 14, 2026)
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AN AMENDMENT TO THE SAFETY AND RESILIANCE ELEMENT OF THE SAN RAFAEL GENERAL PLAN 2040 TO CONTINUE TO MEET THE GOALS OF ASSEMBLY BILL (AB) 2140 (2006) AND
FINDING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15378(A), AND 15061(B)(3) WHEREAS, on September 29, 2006, the Governor of California signed Assembly Bill (AB) 2140, which allows California cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting current, Federal Emergency Management Act (FEMA) approved Local Hazard Mitigation Plans (LHMPs) into the Safety Element of their General Plan; and
WHEREAS, the City of San Rafael adopted the General Plan 2040 in August of 2021; and
WHEREAS, on October 7, 2024, the City Council adopted the 2024 Marin County MultiJurisdictional Local Hazard Mitigation Plan (MJLHMP) and the City of San Rafael Annex; and WHEREAS, on March 10, 2026, City staff presented the Planning Commission with an amendment to the General Plan 2040 that incorporates the 2024 Marin County MJLHMP in alignment with AB 2140 (2006); and
WHEREAS, on April 16, 2026, the Planning Commission voted unanimously to recommend the City Council’s adoption of the General Plan Amendment as proposed by staff and determined that it was exempt from review under the California Environmental Quality Act (CEQA); and
WHEREAS, the MJLHMP is a critical component of the City's emergency preparedness and planning, and this amendment to the Safety and Resilience Element will increase the City’s eligibility for disaster assistance; and
WHEREAS, the City has complied with all noticing requirements for amendments to the General Plan; and
WHEREAS, the custodian of documents that constitute the record of proceedings upon which this decision is based is the Community and Economic Development Department.
NOW, THEREFORE, BE IT RESOLVED THAT THE SAN RAFAEL CITY COUNCIL RESOLVES as follows:
1. The foregoing recitals are true and correct.
2. Page 8-2 of the Safety and Resilience Element of the General Plan 2040 shall be amended as shown below, with new language shown in underline and existing text shown in italics:
The City of San Rafael is committed to proactively reducing risks and expenses from natural disasters through hazard mitigation planning. A Local Hazard Mitigation Plan (LHMP) was originally adopted in November 2017. In July 2019, the City adopted the Marin County MultiJurisdictional Local Hazard Mitigation Plan, which complements the City’s Plan with additional programs covering a broader geographic area and wider range of hazards. In October of 2024, the City adopted the most recent Marin County Multi-Jurisdictional Local Hazard Mitigation Plan, along with the San Rafael Annex. It was approved by the Federal Emergency Management Agency (FEMA) on January 30, 2024. The Plan provides guidance and insight into the hazards as well as possible mitigations that exist throughout Marin County, while the San Rafael Annex focuses directly on our City. This Plan should be consulted alongside this Element when addressing known hazards to ensure the general health and safety of the San Rafael community, and can be accessed at the following web address: Local Hazard Mitigation Plan - San Rafael.
3. Adoption of the proposed amendment is based on and is consistent in principle with the General Plan in that this action would be consistent with and implement the following actions from the Safety and Resilience Element of the General Plan, which includes language and goals relating to hazard mitigation and references the LHMP specifically:
a. Policy S-1.1: Local Hazard Mitigation Plan (LHMP). The San Rafael LHMP is adopted by reference into the General Plan.
b. Program S-1.1C: LHMP Updates. Periodically update the Local Hazard Mitigation Plan to reflect new data, technology, available resources, partnership opportunities, and state and federal requirements.
4. The City Council finds the proposed amendment to be exempt from the California Environmental Quality Act (CEQA) as the adoption of the update to the Environmental Hazards Element of the General Plan is not a “Project” under CEQA Guidelines Section 15378(a), in that this action does not have a potential for a direct physical change or reasonably indirect physical change in the environment. In the event that the action is considered a “Project” under CEQA, the action is exempt per CEQA Guideline section 15061(b)(3), in that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and this proposed action would have no possibility for such significant effect.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the Monday, the 1st day of June 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
________________________
LINDSAY LARA, CITY CLERK