HomeMy WebLinkAbout2008-85 - General Plan Amendment 2008-006 - Safety ElementRESOLUTION NO. 2008. 85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING GENERAL PLAN
AMENDMENT NO. 2008 -006 TO THE SAFETY ELEMENT
(PA2008 -131)
WHEREAS, Assembly Bill 2140 requires cities to incorporate a local hazards
mitigation plan into their Safety Element in order to receive up to 100 percent post -
disaster reimbursement costs for eligible projects; and
WHEREAS, the City of Newport Beach Fire Department has developed a Local
Hazards Mitigation Plan which is a comprehensive assessment of hazards that could
affect the City including flood, earthquake, tsunami, fire disasters and advocates the use
of programs and projects that, when implemented, will reduce the impacts on the
community from a disaster; and
WHEREAS, on July 22, 2008, the City Council initiated a General Plan
Amendment to incorporate the Local Hazards Mitigation Plan, by reference, into the
Safety Element; and
WHEREAS, California Government Code Section 65353 requires that, when
local regulations have authorized a Planning Commission to review and make
recommendations on a proposed General Plan or amendments to a General Plan, the
Commission shall hold at least one public hearing before making its recommendation;
and
WHEREAS, the Planning Commission conducted a public hearing on August 21,
2008, and adopted a resolution recommending the amendment to the Safety Element of
the General Plan to incorporate the Local Hazards Mitigation Plan; and
WHEREAS, California Government Code Section 65355 requires that, prior to
adopting or amending a General Plan or amendments to a General Plan, the legislative
body shall hold at least one public hearing before making its decision; and
WHEREAS, the City Council conducted a public hearing on October 14, 2008,
and considered the amendment to the Safety Element of the General Plan to
incorporate the Local Hazards Mitigation Plan; and
WHEREAS, the amendment to the Safety Element of the General Plan to
incorporate the Local Hazards Mitigation Plan is an activity covered by 1506.1(b)(3) the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. It can be seen with certainty that there is no
possibility that this activity will have a significant effect on the environment and it is not
subject to California Environmental Quality Act (CEQA); and
WHEREAS, addition and implementation of the Local Hazards Mitigation Plan
will advance the health, safety, and welfare of the City and it's residents by
implementing programs to address disasters, develop educational programs for citizens,
preserve natural systems and develop appropriate local partnerships to address
disasters ; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
Section 1. The City Council hereby approves the following amendments to the Safety
Element of the General Plan,
Under the Disaster Planning section on page 11 -21 insert the following
paragraph:
LOCAL HAZARDS MITIGATION PLAN The most current Local Hazards
Mitigation Plan (LHMP) is and as updated from time to time will continue
to be incorporated in the Safety Element. The Safety Element and the
LHMP are complimentary documents that work together to achieve the
ultimate goal to reduce the impacts on the community from a disaster.
Change the language of Policy S 9.6 Hazards Mitigation Plan on page 11-
31 to the following:
Maintain and update as necessary the most current Local Hazards
Mitigation Plan (LHMP) as part of the Safety Element. The LHMP
advocates the use of programs and projects that, when implemented, will
reduce the impacts on the community from a disaster. (Imp 28.2)
APPROVED AND ADOPTED this 14th day o ber, by the City Council
of the City of Newport Beach, California. f
ATTEST:
Gem, � .
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2008 -85 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
14th day of October 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of October 2008.
(Seal)
City Clerk
Newport Beach, California