To: Board of Supervisors
From: Planning and Building Services
Meeting Date: June 22, 2021
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Department Contact: |
Nash Gonzalez |
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234-6650 |
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Department Contact: |
Julia Krog |
Phone: |
234-6650 |
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Item Type: Noticed Public Hearing |
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Time Allocated for Item: 30 Min |
Agenda Title:
title
Noticed Public Hearing - Discussion and Possible Action Including Adoption of a Resolution Approving General Plan Amendment (GP-_2021-0001) for the Mendocino County General Plan Safety Element Update (County-Wide) and Addendum to the 2009 General Plan Environmental Impact Report Related Thereto
(Sponsor: Planning and Building Services)
End
End
Recommended Action/Motion:
recommendation
Adopt Resolution approving a General Plan Amendment (GP_2021-0001) for the Mendocino County General Plan Safety Element Update and the Addendum to the 2009 General Plan Environmental Impact Report related thereto; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On August 17, 2009, the County of Mendocino Board of Supervisors (Board) adopted Resolution #09-182 certifying the Final Environmental Impact Report (EIR) (State Clearinghouse No. 2008062074) including a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the 2009 Mendocino County General Plan Update and adopted the updated Mendocino County General Plan. On February 25, 2020, the Board of Supervisors approved Agreement No. 20-009 with Atlas Planning Solutions for Hazard Mitigation Grant Program - Funded Local Multi-Jurisdictional Hazard Mitigation Plan and General Plan Safety Element Consulting in the amount of $289,828.00, for the term effective upon execution by all parties through March 21, 2021 by a 5-0 vote. The Safety Element Update is the second in the two phase process of the scope to bring the Safety Element into conformance with SB 1241, SB379, and SB 99, specifically California Government Code Section 65302(g).
Summary of Request:
The County’s current Safety Element is integrated into the Development and Resource Management Elements of the General Plan and was adopted by the Board of Supervisors on August 17, 2009. The Safety Element is one of seven mandatory elements of the General Plan. The primary purpose is to identify potential risks within the County that could potentially endanger the public health, safety and welfare of the community. Each Safety Element must geographically identify the location and potential extent of each safety risk using maps, primarily those risks pertaining to seismicity, flooding, and fires. The Safety Element also functions as an intermediary between the General Plan and the Local Hazard Mitigation Plan.
California Government Code Section 65302(g) establishes the legislative framework for all Safety Elements in the State of California. This framework consolidates the requirements from relevant federal and state agencies, ensuring that all counties 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, if applicable to the community.
• Identify areas subject to flooding and wildfires.
• Avoiding locating critical facilities within areas of high risk.
• Assessing the community’s vulnerability to climate change.
• Establish a set of feasible implementation measures designed to carry out the goals, policies, and objective established.
The State of California requires updates to the General Plan Housing Element on a periodic basis. The Mendocino County Housing element was recently adopted, allowing for the eight year planning cycle to continue through 2027. This Housing Element update triggered State-mandated updates to the General Plan Safety Element.
The following components were included in the 2021 Development and Resource Management Elements update, which include the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), which was adopted by the Board of Supervisors on December 8, 2020 and was further found in conformance with Code of Federal Regulations, Title 44, Part 201, Section 6 (44CFR 201.6) by FEMA pursuant to correspondence dated February 4, 2021. As part of the Development and Resource Management Elements update, the County’s consulting team prepared a Climate Adaptation Vulnerability Assessment (CAVA) that ensures consistency with California Government Code 65301(g)(4) (Senate Bill 379). These requirements identify the need for the County to identify the climate change-related hazards that may impact all or some portions of the County. New and revised policies within the General Plan were based on the adaptation strategies developed in the CAVA, which were added to the Development Element and Resource Management Element. The integration of these adaptation strategies and other changes will ensure that the County meets the requirements of California Government Code Section 65302(g)(4) to address climate adaptation and resiliency in the General Plan.
Overall, the project is an update of the Mendocino County General Plan Development and Resource Management Elements, which constitute the County’s General Plan Safety Element. This update includes new and expanded policies and implementation actions surrounding evacuation and wildfire, based on the results of the MJHMP, CAVA, and the recently completed Fire Vulnerability Assessment and Evacuation Plan prepared for the Mendocino Council of Governments. The Safety Element addresses a wide range of natural and human caused hazards and consists of goals and policies aimed to reduce risks associated with these hazards, such as loss of life, injuries, property damage, and economic and social dislocation. The update consists of a comprehensive update to the existing element, which was adopted in 2009. Since 2009, a number of revisions to the California Government Code have been enacted, which require an update of the Safety Element. As updated, the County’s General Plan Safety Element Update will be in conformance with SB 1241, SB 379 and SB 99.
The Planning Commission, at their April 15, 2021 meeting, adopted a resolution making a recommendation to the Board of Supervisors that they adopt General Plan Amendment GP_2021-0001, including changes to the Development Element and Resource Management Element as part of the Update to the County’s Safety Element, and the Addendum to the General Plan EIR related thereto, with modifications made at the meeting and as specified in their resolution.
The 2021 Development and Resource Management Elements, as revised by the Planning Commission, has been reviewed by California Department of Forestry and Fire Protection Staff and these elements were reviewed and approved by the California Board of Forestry and Fire Protection on June 8th 2021.
Alternative Action/Motion:
Provide direction to staff, noting that if the updated Safety Element is not adopted by the Board and changes are directed to be made, the Element may need to go back to the California Board of Forestry and Fire Protection.
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: <https://www.mendocinocounty.org/government/planning-building-services/public-notices>
Fiscal Details:
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source of funding: DR Grant 4353-280 |
budgeted in current f/y: Yes |
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current f/y cost: $165,829, County match, $41,457 |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: Choose an item. |
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budget clarification: Grant funding to complete update. |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Steve Dunnicliff, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Deputy Clerk I |
Final Status:Adopted |
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Date: June 25, 2021 |
Executed Item Type: Resolution Number: 21-097 |
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