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Home My WebLink AboutRES NO 095-07 RESOLUTION NO. o 9 5 - 0' 7 RESOLUTION MAKING FINDINGS AND ADOPTING PROPOSED GENERAL PLAN AMENDMENT NO. 07-0246, AN AMENDMENT TO THE SAFETY ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on Monday, APRIL 2,2007, and on Thursday, APRIL 5,2007, on a proposed amendment to the Safety Element of the Metropolitan Bakersfield General Plan, General Plan Amendment No. 07-0246, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 07-0246, an amendment to the Safety Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 07-0246: The City of Bakersfield has applied to amend the text of the Safety Element of the Metropolitan Bakersfield General Plan to incorporate the adopted final Kern County, California Multi-Hazard Mitigation Plan; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Sections 15162 (Special Situation), 15183 (Special Situation), and 15061 (b) (3) (General Rule), does not apply to the proposed project, General Plan Amendment No. 07- 0246, since there is no possibility these text changes could have a significant effect on the environment and, therefore this activity does not require the preparation of any environmental document; and WHEREAS, by Resolution No. 56-07 on April 5, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 07-0246 and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, MAY 9,2007, on General Plan Amendment No. 07-0246, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 1 <0 fI..K f 0> ~ ~ -- >- [T\ l- r "0 0 ORIGINAL 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 56-07, adopted on April 5, 2007. 3. All required public notices have been provided. 4. The provisions of the California Environmental Quality Act (CEQA) have been met. 5. The proposed project would not have a significant effect on the environment. 6. The project is exempt from CEQA pursuant to Sections 15162 (Special Situation), 15183 (Special Situation), and 15061 (b) (3) (General Rule) of the CEQA Guidelines. 7. That General Plan Amendment No. 07-0246 is hereby approved and adopted and is necessary to amend the text of the Safety Element of the Metropolitan Bakersfield General Plan to incorporate the adopted final Kern County, California Multi-Hazard Mitigation Plan. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The project is exempt from CEQA pursuant to Sections 15162 (Special Situation), 15183 (Special Situation), and 15061 (b) (3) (General Rule) of the CEQA Guidelines. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts General Plan Amendment No. 07- 0246, an amendment to the Safety Element of the Metropolitan Bakersfield General Plan (See Exhibit A) to incorporate the adopted final Kern County, California Multi-Hazard Mitigation Plan. 5. Adoption of the General Plan Amendment No. 07-0246 complies with the requirements of California Assembly Bill 2140 (Exhibit B). 6. That General Plan Amendment No. 07-0246, approved herein is combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. --------()()()-------- 2 ~ <oAkf~ o ~ >- - I- m - r- o 0 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on May 9, 2007 by the following vote: ~ L--- L.-.---'. L---. t-- L-- L--- ~~~., COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER i2~~ k PAMELA A. McCARTH. MC f/ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 9 2007 APPROVED as to form: VIRGINIA GENNARO City Attorney By: fJW45 m ~~ Exhibit A - Amended Safety Element B - California Assembly Bill 2140 By: ksheaIIS:\GPA 1st 2007\07-0246\Res\CC GPA Resolution.doc 3 ~ <0 Akf-9 o ~ >- - I- rn - r- o 0 ORIGINAL Exhibit A Proposed Amendments to the Safety Element General Plan Amendment No. 07-0246 METROPOLITAN BAKERSFIELD GENERAL PLAN Amend page VIII-1 to read: STATUTORY REQUIREMENTS The SoiGmio Safety Element has been divided into three sections which address seismic safety, flooding, aRG publiC safety, as well as eeneral provisions. Add to page VIII-1 : GENERAL PROVISIONS GOALS .1. To develop sustainable communities to preserve life. protect propertv. the environment. and the economy from natural hazards. POLICIES .1. The adopted Kern Countv. California Multi-Hazard Mitigation Plan is incorporated by reference. This multi-iurisdictional plan. approved in compliance with the Disaster Mitieation Act of 2000. provides lone-term plannino to reduce the impacts of future disasters. IMPLEMENTATION .1. The adopted multi-iurisdictional Kern County. California Multi-Hazard Mitieation Plan. as approved bv FEMA. shall be used as a source document for preparation of environmental documents pursuant to CEQA. evaluation of proiect proposals. formulation of potential mitieation and identification of specific actions that could. if implemented. mitieate impacts from future disasters and other threats to public safetv. S:\GPA 1 st 2007\07 -0246\Exhibit A-1.doc <o~kf-9 ~ ~ >- -- I- rn _ r- (.) 0 ORIGINAL EXHIBIT B California Assembly Bill 2140 ~ ,?>Akf~ o ~ .:>... - I- m - r- o CJ ORIGINAL Assembly Bill No. 2140 CHAPTER 739 An act to add Sections 8685.9 and 65302.6 to the Government Code, relating to local planning. [Approved by Governor September 29,2006. Filed with Secretary of State September 29,2006.] LEGISLATIVE COUNSEL'S DIGEST AB 2140, Hancock. General plans: safety element. (1) The California Disaster Assistance Act limits the state share for any eligible project to no more than 75% of total state eligible costs, except that the state share shall be up to 100% of total state eligible costs connected with certain events. This bill would prohibit the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan in accordance with the federal Disaster Mitigation Act of 2000 as part of the safety element of its general plan, in which case the Legislature may provide for a state share of local costs that exceeds 75% of total state eligible costs. (2) The Planning and Zoning Law requires that a city, county, or city and county general plan contain speeified elements, including a safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides, subsidence, liquefaction, and other seismic, geologic, and fire hazards. This bill would authorize a city, county, or a city and county to adopt with its safety element a federally specified local hazard mitigation plan that includes specified elements, and require the Office of Emergency Services to give preference to local jurisdictions that have not adopted a local hazard mitigation plan with respect to specified federal programs for assistance in developing and adopting a plan. The people of the State of California do enact asfollows: SECTION 1. Section 8685.9 is added to the Government Code, to read: 8685.9. Notwithstanding any other provision of law, including Section 8686, for any eligible project, the state share shall not exceed 75 percent of total state eligible costs unless the local agency is located within a city, 94 <oAKf~ J ~ >- - I- [T\ _ r- o 0 ORIGINAL Ch. 739 -2- county, or city and county that has adopted a local hazard mitigation plan in accordance with the federal Disaster Mitigation Act of 2000 (P.L. 106-390) as part of the safety element of its general plan adopted pursuant to subdivision (g) of Section 65302. In that situation, the Legislature may provide for a state share oflocal costs that exceeds 75 percent oftotal state eligible costs. SEC. 2. Section 65302.6 is added to the Government Code, to read: 65302.6. (a) A city, county, or a city and county may adopt with its safety element pursuant to subdivision (g) of Section 65302 a local hazard mitigation plan (HMP) specified in the federal Disaster Mitigation Act of 2000 (p. L. 106-390). The hazard mitigation plan shall include all of the following elements called for in the federal act requirements: (1) An initial earthquake performance evaluation of public facilities that provide essential services, shelter, and critical governmental functions. (2) An inventory of private facilities that are potentially hazardous, including, but not limited to, multiunit, soft story, concrete tilt-up, and concrete frame buildings. (3) A plan to reduce the potential risk from private and governmental facilities in the event of a disaster. (b) Local jurisdictions that have not adopted a local hazard mitigation plan shall be given preference by the Office of Emergency Services in recommending actions to be funded from the Pre-Disaster Mitigation Program, the Hazard Mitigation Grant Program, and the Flood Mitigation Assistance Program to assist the local jurisdiction in developing and adopting a local hazard mitigation plan, subject to available funding from the Federal Emergency Management Agency. o 94 ~ <0 A kf"9 o ~ .>- - I- [T\ _ r- (..) 0 ORIGINAL