TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Arlen Beck, Associate Planner
1. Subject
title
A Public Hearing to consider an amendment to the Orange General Plan Safety Element and minor text and graphic updates for document accuracy (General Plan Amendment 2024-0002).
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2. Summary
General Plan Amendment No. 2024-0002 involves an amendment to the Orange General Plan Safety Element to address changes in state law, and accuracy revisions to the remaining elements the existing General Plan. The proposed revisions involve text and graphic updates and limited non-substantive changes to City policies identified in the General Plan.
3. Recommended Action
recommendation
1. Adopt Planning Commission Resolution No. 32-24 recommending the City Council approve General Plan Amendment No. 2024-0002 amending the City of Orange General Plan Safety Element to comply with state law and other text, graphics, and non-substantive changes to city policies for document accuracy.
2. Find the proposal exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15061(b)(3), and that the effects of the General Plan were examined in the General Plan Program EIR certified on March 9, 2010.
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4. AUTHORIZING GUIDELINES
Orange Municipal Code Section 17.08.020 and 17.10.010, authorizes the Planning Commission to review and make advisory recommendations to the City Council on General Plan Amendments.
5. project background
Safety Elements are governed by California Government Code Section 65302(g). This set of regulations establishes the required content of a Safety Element, and identifies the triggers for future updates. Recent amendments to the Government Code require the city to update the Element. Additionally, since adoption of the General Plan a variety of city capital improvement projects and plan updates anticipated in the General Plan have been completed. In addition, there have been changes in some of the outside agencies involved with the provision of city services, as well as the policy documents administered by regional and state agencies.
Safety Element Update:
While the existing Safety Element has maintained its relevance since its adoption in 2010 and accuracy cleanup in 2015, the dynamic wildfire environment in California along with the state’s policy focus on climate change and resiliency have prompted changes to the Government Code that must be reflected in the Safety Element. The subject update to the Safety Element will bring the General Plan into compliance with the following legislation:
• SB 1241 (2014): Requires the Safety Element to address wildfire hazard issues due to the presence of Very High Fire Hazard Severity Zones (VHFHSZ) and requires review by Cal Fire and the Board of Forestry and Fire Protection prior to City Council adoption (Attachments 4 and 5).
• SB 379 (2017): Requires the City to address climate adaptation and resiliency through the preparation of a vulnerability assessment or reliance on a Local Hazard Mitigation Plan that addresses climate adaptation risks and vulnerabilities.
• SB 1035 (2018): Aligns the update of the Safety Element with the next Housing Element update, which shall be updated at least every eight years to address new requirements and incorporate updated information during this time.
• SB 99 (2020): Requires the Safety Element to identify residential developments in any hazard area that do not have at least two emergency evacuation routes.
Furthermore, ensuring that Safety Element content is in alignment with state law is beneficial should a wildfire incident occur that may involve a request for state resources to support response and recovery.
General Plan Language Clean Up:
The City of Orange Comprehensive General Plan Update was adopted in March 2010. The General Plan includes text and graphic referencing facilities, programs, City policy documents, and public agencies. In 2015 the City Council adopted General Plan Amendment No. 2014-0001, updating text and graphics throughout the General Plan from when it was first adopted in 2010 to maintain accuracy and relevance of the content.
Since the update in 2015, a variety of changes have occurred that have caused certain content of the General Plan to become inaccurate or obsolete. In some instances, policies and procedures of outside agencies that provide service to, or have jurisdiction over, the City of Orange have also changed resulting in the need to refresh General Plan content specific to those agencies. Programs of the General Plan Implementation Plan have also been completed warranting maintenance of the Implementation Plan.
6. PROJECT DESCRIPTION
Safety Element Update:
In accordance with the California Government Code the Safety Element has been amended to respond to legislative requirements related to wildland fires and fire hazard severity zones, and inter-agency coordination among agencies responsible for fire protection. These amendments include revised goals, policies, and objectives that protect the community from the unreasonable risk of wildfire. To carry them out, feasible implementation measures are included in the General Plan Implementation Plan, which include but are not limited to:
• Avoiding or minimizing the wildfire hazards associated with new uses of land.
• Locating, when feasible, new essential public facilities outside of high fire risk areas, or identifying construction methods or other methods to minimize damage if these facilities are located in fire hazard severity zone.
• Designing adequate infrastructure for new development located in fire hazard severity zones.
• Working cooperatively with public agencies with responsibility for fire protection.
General Plan Language Clean Up:
Since the last accuracy clean up to the General Plan in 2015, a variety of city capital improvement projects and plan updates anticipated in the General Plan have been completed. In addition, the city has established new historic districts, and there have been changes in some of the outside agencies involved with the provision of City services, as well as the policy documents administered by regional and state agencies. The proposed General Plan revisions involve text and graphic updates, and limited changes to city policies accordingly.
The General Plan language clean up involves changes to various General Plan Elements as follows:
• Land Use Element
• Circulation and Mobility Element
• Growth Management Element
• Natural Resources Element
• Cultural Resources & Historic Preservation Element
• Infrastructure Element
• Urban Design Element
• Economic Development Element
• General Plan Implementation Plan
7. discussion
State of California Board of Forestry and Fire Protection (Cal Fire)
The City of Orange’s updated Safety Element was reviewed by the Cal Fire Board of Forestry and Fire Protection in July, 2024 and was found to be in compliance with the requirements of the Government Code.
General Plan Clean Up
It is imperative that General Plan content be reviewed on a regular basis and amended as needed to maintain the relevance and utility of the Plan. Effort devoted to regular document maintenance affords the city the ability over time to perform more substantive element amendments in a targeted and strategic manner at a lower cost and shorter timeframe than a comprehensive update to a General Plan with an accumulation of deferred maintenance.
8. public notice
On October 24, 2024 a notice was published in the Anaheim Bulletin newspaper for a public hearing before the Planning Commission on November 4, 2024.
9. environmental review
The proposed General Plan Safety Element update and General Plan language clean-up are not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Pursuant to this section, the proposed updates fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed updates would amend the Safety Element to reflect state law, and the language clean up throughout the entire General Plan including text and graphic updates and limited non-substantive changes to City policies for document accuracy, will not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA.
Final Program Environmental Impact Report (EIR) No. 1815-09 (SCH#2006031117) for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed text and graphic revisions are not substantive and merely reflect actions related to General Plan implementation, accurate references to outside agencies and related policy documents, current City and inter-agency practices, and dissolution of the Redevelopment Agency. As such, the proposed GPA makes corrections to the General Plan, making the General Plan content consistent with the technical analysis provided in the EIR.
As such, pursuant to CEQA Guidelines Section 15168(c), the City finds that the effects of the project were examined in the General Plan Program EIR and the associated Findings and Statement of Overriding Considerations. The City also finds that pursuant to CEQA Guidelines Section 15162, the text and graphic amendments will not cause new effects or require new mitigation measures, which were not already identified in the General Plan Program EIR. As such, the City finds that the proposed activity is within the scope of the project covered by the previously certified Program EIR and nothing further is necessary or required to comply with CEQA.
10. ADVISORY BOARD ACTION
Planning staff worked closely with representatives from the Community Services, Economic Development, Library, Fire, Police, and Public Works Departments on the review of the General Plan content and identification of text and graphics warranting revisions. Formal review by the Staff Review Committee or other decision-making bodies is not required
11. ATTACHMENTS
• Attachment 1 - Planning Commission Resolution No. PC 32-24 (including amended General Plan and Implementation Plan Text and Graphics - clean)
• Attachment 2 - Amended General Plan and Implementation Plan Text and Graphics (redline version)
• Attachment 3 - State of California Department of Fire Board of Forestry and Fire Prevention Assessment
• Attachment 4 - Fire Severity Zones Map