HomeMy WebLinkAboutCity Council - 2004-37 RESOLUTION NO. 2004--37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(SCH #2003011024) FOR THE PACIFIC CITY PROJECT
WHEREAS, Environmental Impact Report No. 02-01, State Clearinghouse
#2003011024, ("EIR") was prepared by the City of Huntington Beach ("City") to address the
environmental implications of the proposed Pacific City Project(the "Project"); and
On January S, 2003, a Notice of Preparation/Initial Study for the Project was prepared
and distributed to the State Clearinghouse, other responsible agencies, trustee agencies and
interested parties; and
After obtaining comments received in response to the Notice of Preparation, and
comments received at the public scoping meeting held on January 27, 2003, the City completed
preparation of the Draft EIR and filed a Notice of Completion with the State Clearinghouse on
October 17, 2003; and.
The Draft EIR was circulated for public review and comment from October 17, 2003 to
December 3, 2003 and was available for review at several locations including City Hall and the
Huntington Beach Public Library; and
Public comments have been received on the Draft EIR, and responses to those comments
have been prepared as a section within a separately bound document entitled "Final
Environmental Impact Report Pacific City" (the "Responses to Comments"), dated February
2004; and
Public Resources Code 21092.5(a) requires that the City of Huntington Beach provide a
written proposed response to any public agency that commented on the Environmental Impact
Report, and the Response to Comments included in the Final Environmental Impact Report
satisfies this provision; and
The Planning Commission held a public meeting on the EIR on March 23, 2004, and
received and considered public testimony; and
The Planning Commission certified the EIR on March 23, 2004; and
The City Council held a public meeting on the EIR on June 7, 2004, and received and
considered public testimony,
NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does
hereby resolve, as follows:
SECTION 1. Consistent with CEQA Guidelines Section 15132, the Final EIR for the
Project is comprised of the Draft EIR and Appendices, the comments received on the Draft EIR,
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Resolution 2004-37
the Responses to Comments (including a list of persons, organizations, and public agencies
commenting on the Draft EIR), the Text Changes to the Draft EIR (bound together with the
Responses to Comments) and all Staff Reports to the Planning Commission and City Council,
including all minutes, transcripts, attachments and references. All of the above information has
been and will be on file with the City of Huntington Beach Department of Planning, 2000 Main
Street, Huntington Beach, California 92648.
SECTION 2. The City Council finds and certifies that the Final EIR is complete and
adequate in that it has identified all significant environmental effects of the Project and that there
are no known potential environmental impacts not addressed in the Final EIR.
SECTION 3. The City Council finds that although the Final EIR identifies certain
significant environmental effects that will result if the Project is approved, all significant effects
which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation
of Project design features, standard conditions and requirements, and by the imposition of
mitigation measures on the approved Project.
SECTION 4. The City Council finds that the Final EIR has described reasonable
alternatives to the Project that could feasibly obtain the basic objectives of the Project (including
the "No Project" Alternative), even when these alternatives might impede the attainment of
Project objectives and might be more costly. Further, the City Council finds that a good faith
effort was made to incorporate alternatives in the preparation of the Draft EIR and that a
reasonable range of alternatives was considered in the review process of the Final EIR and
ultimate decisions on the Project.
SECTION 5. The City Council finds that no "substantial evidence" (as that term is
defined pursuant to CEQA Guidelines Section 15384) has been presented which would call into
question the facts and conclusions in the EIR.
SECTION 6. The City Council finds that no "significant new information" (as that term
is defined pursuant to CEQA Guidelines Section 15088.5) has been added to the EIR after
circulation of the Draft EIR. The City Council finds that the minor refinements that have been
made in the Project as a result of clarifications in the mitigation measures do not amount to
significant new information concerning the Project, nor has any significant new information
concerning the Project become known to the City Council through the public hearings held on
the Project, or through the comments on the Draft EIR and Responses to Comments.
SECTION 7. The City Council finds that the Mitigation Monitoring Program
establishes a mechanism and procedures for implementing and verifying the mitigations pursuant
to Public Resources Code 21081.6 and hereby adopts the Mitigation Monitoring Program. The
mitigation measures shall be incorporated into the Project prior to or concurrent with Project
implementation as defined in each mitigation measure.
SECTION 8. The City Council finds that the Final EIR reflects the independent review
and judgment of the City of Huntington Beach City Council, that the Final EIR was presented to
the City Council, and that the City Council reviewed and considered the information contained in
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Resolution 2004-37
the Final EIR prior to approving Tentative Tract Map No. 16338, Conditional Use Permit No.
02-20 and Coastal Development Permit No. 02-12.
SECTION 9. The City Council finds that the Final EIR serves as adequate and
appropriate environmental documentation for the Project. The City Council certifies that the
Final EIR prepared for the Project is complete, and that it has been prepared in compliance with
the requirements of the California Environmental Quality Act and CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of June 200 4
'OJT,;
APPROVED AS TO FORM:
y Cleric VCity Attorney
REVI WED A APPR VED: INITIAT AND APPROVED:
N, i� A��
City Administrator D' ector of Planning
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Res. No. 2004-37
STATE OF CALIFORNIA
COUNTY OF ORANGE . ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 7th day of June,
2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
Clerk and ex-offici lerk of the
City Council of the City of
Huntington Beach, California