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Resolution-PC 2022-094RESOLUTION 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 (DEV 2022-00074), 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 welf are 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 GENERAL PLAN SAFETY ELEMENT DRAFT SEPTEMBER 12, 2022 CITY OF ANAHEIM SAFETY ELEMENT REVISED 2022 CITY COUNCIL Trevor O'Neil (Mayor Pro Tern) Jose Diaz Gloria Ma'ae Jose F. Moreno Avelino Valencia Stephen Faessel James Vanderpool, City Manager PLANNING COMMIS SION Dave (Dhiru) Vadodaria (Chairperson) Lucille Kring (Chair Pro Tempore) Michael B. Mouawad Steve White LuisAndres Perez David Heywood Natalie Meeks PLANNING & BUILDING DEPARTMENT STAFF Heather Allen, AICP, Principal Planner Christine Nguyen, Senior Planner FIRE & RESCUE EMERGENCY MANAGEMENT & PREPAREDNESS STAFF Dr . Jannine Wilmoth, Emergency Manager CONSULTANTS Atlas Planning Solutions TABLE OF CONTENTS Achieving the vision ............................................................................................................ 5 relationship to other documents AND REGULATIONS ....................................................... 5 Seismic and Geologic Hazards ........................................................................................... 9 Fire Hazards ...................................................................................................................... 15 Flood and Dam Inundation Hazards ................................................................................... 18 Hazardous Materials and Wastes ...................................................................................... 23 Climate Adaptation ............................................................................................................ 24 Emergency Preparedness .................................................................................................. 26 SAFETY ELEMENT INTRODUCTION Anaheim is characterized by a mixture of flat areas in the western portion of the City and steep hillside areas with gullies, arroyos, and rugged canyon bottoms in the eastern portion. These changes in topography help create a variety of hazardous conditions that can impact the community. The risks faced by Anaheim include wild and urban fire events, earthquakes, unstable geology, flooding, and the potential for dam inundation. The city has experienced a variety of these events on different occasions throughout the years. To compound matters, the impact of a changing climate is likely to intensify future events increasing risks to the Historic Photo of Anaheim, CA community. Drier and hotter conditions will likely increase fire risk and potentially impact future water supplies, while wetter and more intense winter storms could inundate new areas within the community. These climatic changes may also exacerbate slope instability causing landslides within the city's hillsides. The Safety Element is one of seven mandatory elements of the General Plan. Its primary purpose is to identify potential risks within the City that could endanger the community's public health, safety, and welfare. Periodic updates of the Safety Element ensure that goals and policies are relevant and responsive to community needs. Each Safety Element must also geographically identify the location and potential extent of the risks exposed to the community using maps, which primarily includes hazards surrounding seismicity, flooding, and fires. The City of Anaheim reaffirms the importance of protecting the community from potential natural hazard risks. The city's location and history with hazards make it likely that Anehim will experience risks from seismic, flooding, and wildfire events in the future. Anaheim can also expect that some of these risks will worsen as climate change accelerates. With this in mind, the safety element, in conjunction with the LHMP, is the best avenue to understand and address natural hazard risks within the community. Related General Plan Elements The Anaheim Safety Element is an essential component of the General Plan and works in tandem with the following other elements to guide these efforts. 5 Anaheim Safe! Element Draft Se !ember 2022 SAFETY ELEMENT 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 arelocated in low-risk areas and ensuring the latest codes and standards are followed. Land Use Element •Ensures the City understands and addresses the natural and human-caused hazards affectingthe community by designating the appropriate land uses in hazardous locations. Circulation Element •Can influence public health and safety by addressing traffic congestion on roads designated asevacuation routes during emergencies and by redefining truck routes to avoid residential and other heavily populated areas. Community Design Element • Focuses on policies and programs to address city and district level design elements andfeatures and create a strong community identity. Green • 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. Growth Management Element • Focuses on the effective management of population growth and development within the City. Public Services and Facilities Element •Focuses on the provision of key services like utility (water/sewer}, police, and fire services, and ensuring these services expand to meet future demands. Consistency with Local Hazard Mitigation Plan The Local Hazard Mitigation Plan ILHMP), approved and adopted on May 19, 2022, serves three primary purposes: 1) it provides a comprehensive analysis of the natural and human-caused hazards that threaten the city, with a focus on mitigation; 2) it keeps the City of Anaheim eligible to receive additional federal and state funding to assist with emergency response and recovery, as permitted by the federal Disaster Mitigation Act of 2000 and California Government Code Sections 8685.9 and 65302.6; and 3) it complements the efforts undertaken by the Safety Element. The LHMP complies with all requirements set forth under the federal Disaster Mitigation Act of 2000 and received approval from the Federal Emergency Management Agency (FEMA) in 2018. Sections of the Safety Element are supplemented by the LHMP, incorporated by reference in this element, as allowed by California Government Code Section 65302(9). The hyperlink above provides access to this document, or you can visit the City's website (https://www.anaheim.net). 6 Anaheim Safe! Element Draft Se tember 2022 SAFETY ELEMENT Regulatory Environment California Government Code 65302(g)(1) California Government Code Section 65302(g)(1) establishes the legislative framework for California's safety elements. This framework consolidates the requirements from relevant federal and state agencies, ensuring that all cities are compliant with the numerous statutory mandates. These mandates include: Protecting against significant risks related to earthquakes, tsunamis, seiches, dam failure, landslides, subsidence, flooding, and fires as applicable. •Including maps of known seismic and other geologic hazards. •Addressing evacuation routes, military installations, peak-load water supply requirements, and minimum road widths and clearances around structures as related to fire and geologic hazards, where applicable. •Identifying areas subject to flooding and wildfires. •Avoiding locating critical facilities within areas of high risk. •Assessing the community's vulnerability to climate change. •Including adaptation and resilience goals, policies, objectives, and implementation measures. California Government Code Sections 8685.9 and 65302.6 California Government Code Section 8685.9 (also known as Assembly Bill 2140 or AB 2140) limits California's share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts. However, if the jurisdiction has adopted a valid hazard mitigation plan consistent with OMA 2000 and has incorporated the hazard mitigation plan into the jurisdiction's General Plan, the State may cover more than 75 percent of the remaining disaster relief costs. All cities and counties in California must prepare a General Plan, including a Safety Element that addresses various hazard conditions and other public safety issues. The Safety Element may be a standalone chapter or incorporated into another section as the community wishes. California Government Code Section 65302.6 indicates that a community may adopt an LHMP into its Safety Element if the LHMP meets applicable state requirements. This allows communities to use the LHMP to satisfy state requirements for Safety Elements. As the General Plan is an overarching long-term plan for community growth and development, incorporating the LHMP into it creates a stronger mechanism for implementing the LHMP. California Government Code 65302 (g) 3 adopted through SB 1241 (Effective 2014/ Adopted 2012) California Government Code Section 65302 (g) 3 requires the Safety Element to identify and update mapping, information, and goals and policies to address wildfire hazards. As part of this requirement, any jurisdiction that includes State Responsibility Areas or Very High Fire Hazard Severity Zones (VHFHSZ) in the Local Responsibility Areas (LRA), as defined by the California Board of Forestry and Fire Protection (Board), is required to transmit the updated element to the Board for review and approval. The City has VHFHSZs located within the LRA and therefore complies with this requirement. California Government Code 65302 (g) 4 adopted through SB 379 (Effective 2017/ Adopted 2015) California Government Code Section 65302 (g) 4 requires the Safety Element to address potential impacts of climate change and develop potential strategies to adapUmitigate these hazards. Analysis of these potential effects should rely on a jurisdiction's Local Hazard Mitigation Plan or an analysis that includes data and analysis from the State of California's Cal-Adapt website. The completed a Climate Adaptation Vulnerability Assessment that is incorporated into the Safety Element and LHMP to ensure compliance with this requirement. 7 Anaheim Safet Element Draft Se tember 2022 SAFETY ELEMENT California Government Code 65302 (g) 5 adopted through SB 99 (Effective 2020/ Adopted 2019) California Government Code Section 65302 (g) 5 requires the Safety Element to identify evacuation constraints associated with residential developments, specifically focused on areas served by a single roadway. This analysis has been incorporated into this element to ensure compliance with this requirement. National Flood Insurance Program The National Flood Insurance Program (NFIP) was created in 1968 to help communities adopt more effective floodplain management programs and regulations. The Federal Emergency Management Agency is responsible for implementing the NFIP and approves the floodplain management plans for participating cities and counties. Anaheim participates in the NFIP and uses Chapter 17.28 Flood Hazard Reduction of the Anaheim Municipal Code to administer flood management regulations throughout the city. Alquist-Priolo Earthquake Fault Zoning Act The Alquist-Priolo Earthquake Fault Zoning Act (California Public Resources Code [PRC], Chapter 7.5, Section 2621-2699.6) was intended to reduce the risks associated with surface faults and requires that the designated State Geologist identify, and map "Earthquake Fault Zones" around known active faults. Per PRC Section 2623 a, cities and counties shall require a geologic report defining and delineating any hazard of surface fault rupture before the approval of a project. If the jurisdiction finds no undue hazard of that kind exists, the geologic report on the hazard may be waived, with the State Geologist's approval. For a list of project types, please refer to PRC Section 2621.6. There are no Alquist-Priolo Earthquake Fault Zones that run through Anaheim; therefore, it is not a topic of concern addressed in this element. Seismic Hazards Mapping Act The Seismic Hazards Mapping Act (California Public Resources Code, Chapter 7.8, Section 2690-2699.6) created a statewide seismic hazard mapping and technical advisory program in 1990 to help cities and counties more effectively address the effects of geologic and seismic hazards caused by earthquakes. Under PRC 2697, cities and counties shall require a geotechnical report defining and delineating any seismic hazard before approving a project located in a seismic hazard zone. If the jurisdiction finds that no undue hazard of this kind exists based on information resulting from studies conducted on sites near the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geologic datum, or data, warranting further investigation is not recorded. Each jurisdiction shall submit one copy of each approved geotechnical report, including the mitigation measures to be taken, if any, to the State Geologist within 30 days of its approval of the report. For a list of project types, please refer to PRC Section 2693. Landslide and liquefaction hazards are prevalent within the City and are addressed within this element. Cortese List Government Code Section 65962.5 (typically referred to as the "Cortese List") identifies sites that require additional oversight during the local permitting process as well as compliance with the California Environmental Quality Act (CEQA). The list is generally a compilation of properties and businesses that generate, store, and/or have been impacted by the presence of hazardous materials/wastes. Many properties identified on these lists may be undergoing corrective action, cleanup, or abandoned and in need of these activities. The City maintains updated lists for these types of properties and should be referenced during the development review process. 8 Anaheim Safet Element Draft September 2022