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HomeMy WebLinkAboutCity Council - 6084 RESOLUTION NO. 6084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING ENVIRONMENTAL IMPACT REPORT NO. 89-4 FOR THE MIXED USE DEVELOPMENT BOUNDED BY MAIN STREET, WALNUT AVENUE, FIFTH STREET AND OLIVE AVENUE WHEREAS, Environmental Impact Report No. 89-4 and related entitlements have been prepared; and The City of Huntington Beach was the lead agency in the preparation of the Environmental Impact Report; and All persons and agencies wishing to respond to notice duly given have been heard by the Planning Commission either through written notice or during a public hearing on September 19 , 1989 , and October 3, 1989, and such responses and comments as were made were duly noted and responded to; and All persons and agencies wishing to respond to notice duly given have been heard by the City Council either through written notice or during a public hearing on November 6, 1989, and such comments and responses as were made were duly noted and responded to; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. The City Council does hereby find that Environmental Impact Report No. 89-4 has been completed in compliance with the California Environmental Quality Act and all State and local guidelines . SECTION 2 . The City Council has considered all significant effects detailed in Environmental Impact Report No. 89-4 , together with existing and proposed measures to mitigate such significant effects (see Exhibit A) . - 1 - SECTION 3 . The City Council finds that through the implementation of the aforementioned mitigation measures, the majority of the potentially adverse impacts associated with the proposed project can be eliminated or reduced to a level of insignificance. SECTION 4 . The City Council further finds that the benefits accruing to the City by virtue of implementing the Downtown Specific Plan, override the unmitigatable effects detailed in Environmental Impact Report No. 89-4 and the attached Statement of Overriding Considerations (see Exhibit B) , and the City Council of the City of Huntington Beach does hereby adopt and certify as adequate Environmental Impact Report No. 89-4 . SECTION 5 . The Planning Director is hereby authorized and directed to file with the Office of the County Clerk a notice of determination for Environmental Impact Report No. 89-4, as required by Section 21152 of the California Environmental Quality Act Guidelines . PASSED AND ADOPTED by the City Council of the City of Huntington Beach on the 6th day of November, 1989, by the following roll call vote: Mayor ATTEST: APPROVED AS TO ORM: City Clerl City Attorney REVIEWED AND APPROVED: INITIATED AN APPROVED: City Administrator Di ector of Community Development 2 - 6084 EXHIBIT A MITIGATION MEASURES (REVISIONS IN BOLD TYPE) 1 . A sign and landscape plan shall be submitted to the Design Review Board and/or City Planning Department by each property owner prior to approval of sign permits . The location and type of all signs shall conform to the 'provisions of the Huntington Beach Ordinance Code and be consistent with the standards listed on page 33 of the Downtown Design Guidelines . All lighting and landscaping materials shall also be consistent with the guidelines . 2 . The City shall encourage and/or sponsor a planned sign program on both sides of Main Street . This program shall include possible sign amortization, City funded removal of existing signs , and City funded purchase and mounting of new signs . 3 . The City shall implement consistency of similar hardscape and landscape on both sides of Main Street . 4 . The project shall implement the following mitigation measure included in Downtown Specific Plan EIR No . 82-2 . Depending on the results of soils studies conducted for new construction mitigating measures will be required to be incorporated into the project . These measures may include but not limited to : buffer, special grading , special foundations, subdrains , dewatering devices , and retaining walls . 5 . Comprehensive documentation of the project site , as it currently exists , shall be prepared prior to the issuance of any building , grading , and/or demolition permits . The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER) . The report shall be archivally maintained with provisions for public access . The costs associated with preparation and maintenance of the documentation shall be the responsibility of the Huntington Beach Redevelopment Agency. 6 . Prior to the approval or issuance of any demolition, grading, and/or building permits , all facets of the project related to historic preservation shall be reviewed and approved by the City of Huntington Beach . 7 . Prior to the issuance of any demolition permits an adequate monitoring and/or bonding program shall be established between the City Redevelopment Agency and property owners to ensure that demolition and construction vibration impacts do not adversely affect offsite structures . (3735d) -15- 6084 8 . Prior to the issuance of Building Permits , a detailed lighting plan shall be approved by the Department of Community Development . The plan shall be consistent with the Downtown lighting plan and lighting standards in the Downtown Design Guidelines . 9 . The City of Huntington Beach Redevelopment Agency shall be responsible for parking spaces required for existing square footage. The number of spaces for which the Agency will be responsible shall be based on existing legally constructed square footage, to be verified prior to issuance of building permits . 10 Property owners shall provide on-site parking or pay in-lieu fees for additional square footage in accordance with the approved facade grant program. Provision for payment of fees must be made prior to issuance of building permits , in accordance with the program. 11 . As projects within the parking district , comprised of Downtown Specific Plan Districts 3 and 5a , request development approval , they shall contribute their "fair-share" towards reducing the cumulative parking demand deficiency. Fees shall be paid prior to issuance of building permits or certificate of occupancy, whichever comes first . The offsite parking spaces shall be in place prior to the issuance of a certificate of occupancy for the new development . 12 . The Precise Plan of Street Alignment for Walnut Avenue between Main and Sixth Streets shall be resolved and adopted by the City Council prior to issuance of building permits for new construction on the lots adjoining Walnut Avenue (201 Main Street, 412 Walnut Avenue, 202 Fifth Street) . (3735d) -16- 6084 EXHIBIT B ENVIRONMENTAL IMPACT REPORT NO. 89-4 STATEMENT OF OVERRIDING CONSIDERATIONS The Final Environmental Impact Report No . 89-4 for the proposed construction of a maximum of 70 , 726 square feet of mixed use development identifies certain unavoidable significant adverse environmental effects . CEQA Guidelines Section 15093 requires the decision-maker (Planning Commission) to balance the benefits of a proposed project against unavoidable environmental risks in determining whether the project should be approved . If the decision-maker concludes that the benefits of the project outweigh the unavoidable adverse environmental effects , the effects may be considered acceptable . Here, the City of Huntington Beach does find that the benefits flowing to the City and its residents from the project outweigh the significant adverse environmental effects which remain after the project ' s mitigation measures are implemented . Primary among such considerations are the elimination of blighted conditions existing in the Main-Pier Redevelopment Project Area , elimination of seismic deficiencies , and the project ' s furtherance of the Downtown Specific Plan and Local Coastal Plan ' s objectives of increasing access to coastal amenities and revitalizing the Downtown area . Another important consideration is the revenue that will result to the City and the Redevelopment Agancy from the project as a result of increased property value which revenues can be used to improve service levels , construct capital facilities , provide additional affordable housing , and for other important public purposes . The final EIR identifies two unavoidable adverse environmental impacts ( see Section 6 . 3 in the EIR - Unavoidable Significant Adverse Impacts) . These are : 1 . Increased light from new sources associated with the project . 2 . Project-specific and cumulative impacts to the historical context , physical and architectural resources , proposed Main Street Historic District , onsite historic resources , and cumulative impacts to historic resources within the community in general . Some of these effects are lessened by the mitigation measures suggested in the EIR, which measures will be required and incorporated into the project . The reasons the City has determined that the remaining effects of each impact are acceptable, given offsetting project benefits , are discussed below. (3735d) -17- 6084 1 . Increased Light Associated with the Project. The project will increase the amount of light generated on this site relative to that which currently exists . New light sources are associated with new commercial structures , street lighting, and traffic lighting , which will be visible from adjacent areas and contribute to general night sky illumination. Such lighting will be visible due to the relative height of the buildings (maximum three stories) in relation to surrounding uses , particularly those to the north and west . However , the perceived impact of this project will decrease over time because as other major developments occur , this project will represent less of the total light source . The adjacent multi-story retail-parking structure, and the nearby Pier Pavillion project, for example, will detract from the perceived impact of this site . Additionally, an increase in light may have beneficial effects , such as added safety for motorists and pedestrians . The EIR identifies mitigation measures to lessen the impacts of lighting , which have been incorporated into the conditions of approval . These include shielding and screening of light sources , in conformance with the Downtown Design Guidelines . Given the many public benefits of the project as referenced above, the City finds that the incremental increse in light associated with the project is acceptable . 2 . Historic Impacts At worst case, the project will include the demolition of all structures on the site, including 15 historic structures . The loss of these structures will have a significant adverse impact on the potential Downtown Historic Distric , on-site physical and architectural resources associated with the City ' s history, and the cumulative stock of historic structures within the City . The EIR has identified mitigation measures that will help lessen these impacts , including complete documentation of the site to be maintained for public review, and a program to ensure that construction vibration impacts do not affect offsite historic structures . The No Project alternative identified in the EIR is expected to have less impact on historic structures than the proposed project, however this alternative may not as effectively fulfill the important project objectives of revitalizing the Main Street commercial corridor, enhancing the street scene downtown, and encouraging pedestrian traffic . Likewise, alternatives identified in the EIR that would prohibit demolition of existing structures would have less impact on historic resources , but would not provide for rejuvination of commercial uses along this block to the same extent as the project . These alternatives would not provide for. as (3735d) -18- 6084 much square footage for each property owner as the project, nor would they provide for higher rents accruing to new buildings , as would the proposed project . Additionally, the alternatives outlined in the EIR would entail many of the same environmental effects as the proposed project . Based upon the above considerations , the City finds that the public benefits of the project outweigh the impacts on historic resources remaining after mitigation. These benefits include provision of high quality mixed use development along the vital commercial core downtown and enhancement of the street scene in accordance with the Downtown Design Guidelines , both of which will contribute to the rejuvenation of Downtown . The project will also implement the visitor-serving objectives of the Downtown Specific Plan and Local Coastal Program, and will ensure the elimination of seismic deficiencies . (3735d) -1,9- 6084 Res. No. 6084 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 6th day of November 19a2_, and that it was so adopted by the following vote: AYES: Members: MacAllister, Green. Bannister, Mays, Silva, Erskine j NOES: Members: Winchell ABSENT: Members: None Clerk of the Redevelopment Agency of the City of Huntington Beach, Ca.