TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director
1. Subject
title
A Public Hearing to consider an amendment to the Orange General Plan including substantive updates to the Safety Element to comply with new State law, minor non- substantive text and graphic updates to additional Elements of the General Plan, and finding of CEQA exemption (General Plan Amendment No. 2024-0002). Resolution No. 11589.
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2. Summary
General Plan Amendment No. 2024-0002 will amend the Orange General Plan including both a substantive Safety Element amendment to comply with changes to State law and non-substantive revisions to other General Plan elements to refresh policies, text, and graphics for purposes of accuracy.
3. Recommended Action
recommendation
1. Conduct and close Public Hearing.
2. Adopt Resolution No. 11589. A Resolution of the City Council of the City of Orange approving General Plan Amendment No. 2024-0002 amending the City of Orange General Plan Safety Element to comply with State law, and making non-substantive updates to City policies, text, and graphics to the remaining General Plan Elements and implementation plan to maintain document accuracy.
3. Find the proposal exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15061(b)(3), 15168(c), and 15162.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 1: Provide for a Safe Community
d: Assure the development of the City occurs in a fashion that maximizes public safety.
6. Discussion and Background
Safety Element Update:
Staff is proposing to amend the General Plan, including the Safety Element to respond to State laws 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 help protect the community from risk of wildfire. Feasible implementation measures 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.
The City of Orange’s updated Safety Element was reviewed by the State of California Department of 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 Language Clean Up:
Additional Elements of the General Plan have also been amended to provide minor text and graphic updates and non-substantive changes to City policies.
7. ADVISORY BOARD ACTION
Planning Commission:
On November 4, 2024, the Planning Commission reviewed and recommended approval of GPA 2024-0002 by a vote of 7-0.
8. ENVIRONMENTAL REVIEW
The proposed General Plan Safety Element update and General Plan language clean-up do not have the potential for causing a significant effect on the environment. The proposed updates would amend the Safety Element to reflect State law, and minimize wildfire impacts to the City. The accuracy language clean up throughout the remainder of the 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, no additional analysis is required pursuant to CEQA.
In addition, the 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 CEQA. The proposed General Plan amendment consists of limited non-substantive updates to policies, text, and graphics to maintain the accuracy of the document. None of these revisions have implications on the General Plan content that was evaluated in the technical analysis provided in the EIR.
Pursuant to CEQA Guidelines Section 15168(c), the City finds that the effects of the General Plan updates/amendments were contemplated 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 significant environmental impacts or require new mitigation measures, which were not already identified in the General Plan Program EIR. 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.
9. public notice
On January 2, 2025, a notice was published in the Orange City News newspaper for a public hearing before the City Council on January 14, 2025.
10. ATTACHMENTS
• Attachment 1 Resolution No. 11589
• Attachment 2 Amended General Plan and Implementation Plan text and graphics (redline version)
• Attachment 3 Planning Commission Resolution No. PC 32-24
• Attachment 4 Planning Commission Staff Report, November 4, 2024
• Attachment 5 Draft Planning Commission Minutes, November 4, 2024
• Attachment 6 State of California Department of Fire, Board of Forestry and Fire Prevention Assessment
• Attachment 7 Fire Severity Zones Map