HomeMy WebLinkAboutCity Council - 2008-66 RESOLUTION NO. 2008-66
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, CERTIFYING THE FINAL, ENVIRONMENTAL
IMPACT REPORT (SCH#2008011069)
FOR THE RIPCURL PROJECT
WHEREAS,Environmental Impact Report No. 07-004, State Clearinghouse
# 2008011069, ("EIR") was prepared by the City of Huntington Beach ("City") to
address the environmental implications of The Ripcurl Project (the"Project").
1. On January 18, 2008, 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.
2. After obtaining comments received in response to the Notice of Preparation, and
comments received at the public scoping meeting held on February 7, 2008, the
City completed preparation of the Draft EIR and filed a Notice of Completion
with the State Clearinghouse on July 8, 2008.
3. The Draft EIR was circulated for public review and comment from July 8, 2008 to
August 21, 2008 and was available for review at several locations including City
Hall,the Huntington Beach Public Library, and the City's website; and
Public comments have been received on the Draft EIR, and responses to those
comments have been prepared and provided to the City Council as a section within a
separately bound document entitled "Final Environmental Impact Report The Ripcurl
Project" (the "Responses to Comments"), dated September 2008; 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 City Council held a public meeting on the EIR on November 10, 2008, 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, 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 Planning Department Staff
Reports to the City Council, including all minutes, transcripts, attachments and
08-1767.004/27704 1
Ides.No. 2008-66
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 all significant effects of the Project are
set forth in the Final EIR.
SECTION 4. 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. All
mitigation measures are included in the "Mitigation Monitoring and Reporting Checklist"
(also referred to as the "Mitigation Monitoring Program") attached as Exhibit "A"to this
Resolution and incorporated herein by this reference.
SECTION 5. 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 6. 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 7. 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 8. 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
2
Res. No. 2008-66
Program. The mitigation measures shall be incorporated into the Project prior to or
concurrent with Project implementation as defined in each mitigation measure.
SECTION 9. 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 the Final EIR prior to approving General Plan Amendment No.
07-003, Zoning Map Amendment No. 07-001, Zoning Text Amendment No. 07-004, and
Conditional Use Permit No. 07-043.
SECTION 10. 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, APPROVED, and ADOPTED, this loth day of November, 2008 by the
following roll call vote:
9
Mayor
REVIEW D APPROVED: APPROVED AS TO FORM:
1.
1ar7-7Z
City dm' istrator '� City Attorney
INITIA D N APPROVED:
Planning Director
ATTACHMENT
Exhibit A: Mitigation Monitoring and Reporting Program
3
Res. No. 2008-66
EXHIBIT "A"
City of Huntington Beach
Th k; Url
0
ProjAelkct
Final Environmental Impact Report:
SCH No. 200801 1069
Mitigation Monitoring and Reporting Program
Prepared for
City of Huntington Beach
Planning Department
2000 Main Street, Third Floor
Huntington Beach, California 92648
Prepared by
PBSU
12301 Wilshire Boulevard, Suite 430
Los Angeles, California 90025
September 2008
Yves. No. 2008-66
® ® ® ® ®Miff
ri
® ® g
A. INTRODUCTION
The Final Environmental Impact Report for The Ripcurl Project (State Clearinghouse #2008011069)
identified mitigation measures to reduce the adverse effects of the project in the areas of: aesthetics, air
quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials,
hydrology and water quality, noise, public services, and transportation/traffic.
The California Environmental Quality Act (CEQA) requires that agencies adopting environmental
impact reports ascertain that feasible mitigation measures are implemented, subsequent to project
approval. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for
mitigation measures incorporated into a project or imposed as conditions of approval. The program must
be designed to ensure compliance during applicable project timing, e.g. design, construction, or operation
(Public Resource Code §21081.6). Code Requirements (CRs) that were identified in the Draft EIR are
required to be implemented as a result of existing City code and are not considered mitigation measures.
Therefore, CRs would be implemented for The Ripcurl Project but these do not require monitoring
activity, and are not included in this Mitigation Monitoring and Reporting Program (NIMRP).
The MMRP shall be used by the City of Huntington Beach staff responsible for ensuring compliance
with mitigation measures associated with The Ripcurl Project. Monitoring shall consist of review of
appropriate documentation, such as plans or reports prepared by the party responsible for
implementation or by field observation of the mitigation measure during implementation.
The following table identifies the mitigation measures by resource area. The table also provides the
specific mitigation monitoring requirements, including implementation documentation, monitoring
activity, timing and responsible monitoring party. Verification of compliance with each measure is to be
indicated by signature of the mitigation monitor, together with date of verification.
The Project Applicant and the Applicant's Contractor shall be responsible for implementation of all
mitigation measures, unless otherwise noted in the table.
City of Huntington Beach The Ripcurl Project
00 0 • o • e o -oe a eo e
e o ® a o s • • - e e • • a •
Implemenlatton Responsible Compliance
Mfflgaffon Measure Docume )nftdng Acffvffy Monitor VeOcation Signature Date
Aesthetics
MM4.1.1 To the extent feasible, the Applicant shall use non- Project building plans Review and Plan check prior Planning
reflective fapade treatments, such as matte paint or glass approve building to issuance of
coatings. Prior to issuance of building permits for the proposed plans for inclusion building permit
project, the Applicant shall indicate provision of these materials of features
on the building plans.
Air Quality
MM4.2.1 During construction, operators of any gas or diesel Contract language and Review and Plan check prior Planning
fueled equipment, including vehicles, shall be encouraged to turn notes on grading and approve contract to issuance of a ----
off equipment if not in use or left idle for more than five minutes. building plans specifications, grading permit
grading and
building plans for Perform periodic
inclusion field check during
construction to
ensure
compliance
MM4.2.2 The Applicant shall require by contract specifications Contract language and Review and Plan check prior Planning
that the architectural coating (paint and primer) products used notes on building plans approve contract to issuance of a
would have a low VOC rating. Contract specifications shall be specifications and building permit
included in the proposed project construction documents, which building plans for
shall be reviewed by the City prior to issuance of a building inclusion
permit.
Biological Resources
MM4.3.1 Nesting habitat for protected or sensitive avian Developer shall submit Review schedule Plan check prior Planning
species: construction schedule and field survey to issuance of a ------ —
1. Vegetation removal and construction shall occur between (including grading report, and as grading permit
September 1 and January 31 whenever feasible. activities)as evidence necessary, review
2. Prior to any construction or vegetation removal between of construction overlap and approve plans
February 15 and August 31, a nesting survey shall be with breeding season. indicating
conducted by a qualified biologist of all habitats within If construction occurs construction limits
500 feet of the construction area.Surveys shall be during relevant During id
conducted no less than 14 days and no more than 30 days breeding, developer Perform periodic construction Planning
prior to commencement of construction activities and surveys shall present a survey field check to Z
0
2 City of Huntington Beach O0
e o e o e e o • -e e e. o e o
• • O Men, • • • • O O O O O •
Implementation Responsible Compliance
Miff on Measure Documentation MonftMngAcffvfty riming Monitor Ve4fiication Signature Date
will be conducted in accordance with CDFG protocol as report(prepared by a ensure
applicable. If no active nests are identified on or within consultant approved by compliance
500 feet of the construction site, no further mitigation is the City)to the City
necessary.A copy of the pre-construction survey shall be prior to issuance of a
submitted to the City of Huntington Beach. If an active nest grading permit. If nests
of a MBTA protected species is identified onsite(per are found, developer
established thresholds)a 250-foot no-work buffer shall be shall submit plans
maintained between the nest and construction activity. This identifying nest
buffer can be reduced in consultation with CDFG and/or locations and limits of
USFWS. construction activities.
3. Completion of the nesting cycle shall be determined by
qualified ornithologist or biologist.
Cultural Resources
MM4.4.1 The Applicant shall arrange for a qualified professional Proof of retention of Verify retention of Plan check prior Planning
archaeological and paleontological monitor to be present during archaeological and qualified monitors to issuance of all project-related ground-disturbing activities. In addition, all paleontological monitor grading permit
construction personnel shall be informed of the need to stop
work on the project site in the event of a potential find, until a Throughout
qualified archaeologist or paleontologist has been provided the Periodic field ground-disturbing Planning
opportunity to assess the significance of the find and implement check to ensure activities
appropriate measures to protect or scientifically remove the find. monitors are
Construction personnel will also be informed that unauthorized present
collection of cultural resources is prohibited.
z
a
The Ripcurl Project Mitigation Monitoring and Reporting Program 3
en
e o o e a e • • - o e a e e
O • • • towing, O eoordf •" • • •
lmplementafron Responsible Compliance
MN lion Measure Documentaflon Monitoring Acffvfly Timing Monitor VerMcaHon St nature Date
MM4.4-2 If archaeological or paleontological resources are Notes on grading plans Review and Plan check prior Planning
discovered during ground-disturbing activities, all construction approve grading to issuance of
activities within 50 feet of the find shall cease until the plans for inclusion grading permit
archaeologist/paleontologist evaluates the significance of the
resource. In the absence of a determination, all archaeological Throughout
and paleontological resources shall be considered significant. If Research design and Review and ground-disturbing Peer review
the resource is determined to be significant, the archaeologist or recovery plan,if approve research activities by three
paleontologist, as appropriate, shall prepare a research design required design and County-
for recovery of the resources in consultation with the State Office recovery plan certified
of Historic Preservation that satisfies the requirements of
Section 21083.2 of CEQA. The archaeologist or paleontologist professionals
shall complete a report of the excavations and findings, and shall
submit the report for peer review by three County-certified
archaeologists or paleontologists, as appropriate. Upon approval
of the report, the City shall submit the report to the South Central
Coastal Information Center at California State University,
Fullerton, and keep the report on file at the City of Huntington
Beach.
MM4.4.3 In the event of the discovery of a burial, human bone, Notes on grading plans Review and Plan check prior Orange
or suspected human bone, all excavation or grading in the approve grading to issuance of County
vicinity of the find shall halt immediately, the area of the find shall plans for inclusion grading permit Coroner
be protected, and the Applicant shall immediately notify the City &Planning
and the Orange County Coroner of the find and comply with the Throughout
provisions of P.R.C. Section 5097. If the human remains are ground-disturbing
determined to be prehistoric, the Coroner will notify the NAHC, —"
activities
which will determine and notify a Most Likely Descendent(MILD).
The MILD shall complete the inspection of the site within 24 hours
of notification, and may recommend scientific removal and non-
destructive analysis of human remains and items associated with
Native American burials.
Geology and Soils
MM4.5.1 The grading plan prepared for the proposed project Notes on grading plan Review and Plan check prior Public Works
shall contain the recommendations of the final soils and and building plans approve grading to issuance of a
geotechnical report. These recommendations shall be and building plans grading permit
implemented in the design of the project, including but not limited for inclusion of Z
0
N
4 City of Huntington Beach
IM"o e s e o • s a -o o e o e •
e m s s e • o s - • o o • • •
Implementation Responsible Compliance
MNgaffon Measure Documentation Monitoring AcNvity riming Monitor Verffcohon Signature Date
to measures associated with site preparation, fill placement, final soils and
temporary shoring and permanent dewatering, groundwater geotechnical Building and
seismic design features, excavation stability, foundations, soil recommendations Safety
stabilization, establishment of deep foundations, concrete slabs
and pavements, surface drainage, cement type and corrosion
measures,erosion control, shoring and internal bracing, and plan
review.
Hazardous Materials
MM4.6.1 In the event that previously unknown or unidentified Risk Management Plan Review and Plan check prior Fire
soil and/or groundwater contamination that could present a threat &Site Health and approve any to issuance of —
to human health or the environment is encountered during Safety Plan grading plans for any grading
construction in the project area, construction activities in the inclusion permit
immediate vicinity of the contamination shall cease immediately.
If contamination is encountered, a Risk Management Plan shall
be prepared and implemented that (1)identifies the
contaminants of concern and the potential risk each contaminant
would pose to human health and the environment during
construction and post-development and (2)describes measures
to be taken to protect workers, and the public from exposure to
potential site hazards. Such measures could include a range of
options, including but not limited to, physical site controls during
construction, remediation, long-term monitoring, post-
development maintenance or access limitations, or some
combination thereof. Depending on the nature of contamination,
if any, appropriate agencies shall be notified (e.g., Huntington
Beach Fire Department). If needed, a Site Health and Safety
Plan that meets Occupational Safety and Health Administration
requirements shall be prepared and in place prior to
commencement of work in any contaminated area.
0
N
The Ripcurl Project Mitigation Monitoring and Reporting ProgramCPS
5
ON
,dWit(g9fis e • o e a - s o gi Tog e
• • • • O O • O — O • • O O •
Implementation Responsible Compliance
Miligaffon Measure DocumenWon MonWn Acfiv' riming Monitor VenWcafion Signature Date
MM4.6.2 Prior to the issuance of grading permits, the project Methane Testing Plan Review and Prior to Fire
shall comply with HBFD City Specification#429, Methane District approval of testing commence-
Building Permit Requirements. A plan for the testing of soils for plan ment of sampling
the presence of methane gas shall be prepared and submitted by
the Applicant to the HBFD for review and approval, prior to the Prior to issuance
commencement of sampling, If significant levels of methane gas of an grading are discovered in the soil on the project site, the Applicant's Notes on building and Review and y 9 g Fire —
grading, building and methane plans shall reference that a sub- methane plans approve building permit and during
slab methane barrier and vent system will be installed at the and methane gas construction
project site per City Specification #429, prior to plan approval. If plans for
required by the HBFD, additional methane mitigation measures appropriate
to reduce the level of methane gas to acceptable levels shall be documentation
implemented.
Hydrology and Water Quality
CoA4.7.1 The project developer shall construct an underground Improvement Plans Review and Plan check prior Public Works
storm drain pipe along the east side of Gothard Street from approval of to issuance of
Center Avenue to Edinger Avenue to connect to the existing, improvement grading permit
underground Edinger Avenue storm drain pipe. Based on a Final plans
Hydrology and Hydraulics Report, the new Gothard Street
underground storm drain facility sizing and design shall be
targeted to convey the highest storm event exceedance flow
rates along Gothard Street at full build-out of the General Plan,
including contributions from any permanent groundwater
dewatering system, The proposed project onsite storm drainage
system shall be designed to convey all water quality treated flow
directly into the new underground storm drain pipe along Gothard
Street,
MM4.7.1 The Applicant shall prepare a Hydrology and Hydrology and Review and Prior to issuance Public Works
Hydraulics Report and Drainage Plan that incorporates Hydraulic Report and approve plan and of a precise
stormwater attenuation to reduce project site runoff to meet City Drainage Plan documentation grading permit
design standards for stormflow in Gothard Street.
Prior to receiving a precise grading permit, the Applicant shall
prepare an Hydrology and Hydraulics Report detailing proposed Prior to issuance
project peak runoff rates for the 10-, 25-,50-, and 100 year Groundwater Review and of a grading Building&
design storm events to Gothard Street, including contributions permit and Safety
N
6 City of Huntington Beach
all
ON
e• e o ® a e o - o e a •e e
bpition, Moplfd Mi s - o • • Program
implementation Responsible Compliance
Miligailion Measure Documentation Mont do Actrv' riming Monitor VenWcation Signature Date
from any permanent groundwater dewatering that may be Dewatering System approve following
implemented by the proposed project.This Hydrology and Plan dewatering completion of
Hydraulics Report shall also identify the existing available system construction
capacity for flow in Gothard Street for the design storms and activities
evaluate the existing capacity in and potential impacts to the
Edinger Avenue system, Murdy Channel, and East Garden
Grove-Wintersburg Channel.
Based on the Hydrology and Hydraulics Report, the Applicant
shall prepare a Drainage Plan that shall incorporate sufficient
stormwater attenuation such that the City design standards for
flow in Gothard Street are not exceeded. It is expected that this
may require underground detention facilities. However,detention
in underground parking structures shall not be allowed and
surface ponding shall be limited to a maximum depth of 8 inches.
Attenuation shall be designed for back to back 24-hour storm
design storm events that development of the proposed project
would increase peak runoff rates for.
If either above-ground or below-ground detention facilities are
proposed,the Applicant shall consult with the Department of
Public Works and vector control agency to develop a design that
will be sufficient for stormwater detention but will not present a
human health or environmental hazard.
A qualified engineer of the Public Works Department shall
approve this Hydrology and Hydraulics Report and Drainage
Plan prior to issuance of a precise grading permit.The site
Drainage Plan shall be coordinated with the WQMP to maximize
efficiency of stormwater runoff detention/retention and water
quality treatment.
The Building and Safety Department shall evaluate any proposed
permanent groundwater dewatering system to ensure that it
would function as required. Following construction, the Building
and Safety Department shall verify that any groundwater
dewatering system has been implemented as required.
MM4,7.2 The Applicant shall design and implement project site Grading and Drainage Review and Prior to issuance Public Works
drainage features to minimize stormwater runoff and flood waters Plan approval of of a precise
0
N
The Ripcurl Project Mitigation Monitoring and Reporting Program
10ifigatibn Monitoring e • Rep orting Priogram
Mitigation Monitoring • • ReportingProgram
Implementation Responsible Compliance
Mitt on Measure Documentation MonftdngAcNvfiy riming Monitor VerScalion Signature Date
from entering into underground parking structures or otherwise Grading and grading permit
contribute to flood hazards and shall incorporate flood-proofing Drainage Plan
and hydrostatic pressure measures for all below-ground
structures.
Prior to receiving a precise grading permit, the Applicant shall
prepare a site Grading and Drainage Plan identifying design
elements to minimize underground structure flooding. The
Grading and Drainage plan shall implement design features to
minimize flooding of under ground structures such as, but not
limited to:
® Grade areas to drain away from the structure entryways.
® Implement overflow prevention(e.g., berms or dikes, grated
inlets,or a combination,thereof)to direct project site runoff
and flood flows away from underground structure entryways.
■ Elevate underground structure entryways to two-feet above
the existing grade(approximate depth of potential flooding
from the East Garden Grove-Wintersburg Channel).
■ Implement sumps and pumps within the underground
structures to remove any runoff entering the underground
structures(this measure shall also be subject to WQMP and
DAMP BMP requirements for discharge treatment and
disposal).
■ Additionally, the Applicant shall incorporate flood-proofing
measures to prevent seepage flooding. Underground
structures materials and design shall be in accordance with
FEMA floodplain development requirements and the 2007
California Building Code for structures subject to flooding
and hydrostatic pressures.
® The geotechnical engineer and/or waterproofing specialist
shall prepare design requirements for flood-proofing the
underground structures and ensuring that structures are
build to withstand hydrostatic pressures.
■ Any utilities located in below grade structures shall be
protected from ponding water and seepage in accordance y
with the geotechnical engineer recommendations and 2007 c
N
O
O
8 City of Huntington Beach 90
Mitigation • • • • • '-o e e Pro
-,gram
Mitigption, Monitor,,ing�qnd�,,R,,PPof,'fing • e s
Implementation Responsible Compliance
MN on Measure Documentafion Monrfortn AcA 'riming Monitor Verficafion Signature Date
California Building Code.
The Applicant shall also design on-site runoff to drain away from
building foundations and shall not allow for more than 8 inches of
ponding at any location on-site.
CoA4.7.2 Prior to receiving a precise grading or building permit, Grading and Drainage Review and Prior to issuance Public Works
the Applicant shall prepare a site Grading and Drainage Plan Plan approval of of a precise
containing the recommendations of the final Soils and Grading and grading plan
Geotechnical Reports analysis for temporary and permanent Drainage Plan
groundwater dewatering as well as for surface drainage.
Noise
MM4.9.1 The Applicant shall require by contract specifications Contract language and Review and Plan check prior Planning
that the following construction best management practices notes on grading and approve contract to issuance of a
(BMPs) be implemented by contractors to reduce construction building plans specifications, grading permit
noise levels; grading and
■ Notification shall be mailed to owners and occupants of all building plans for
developed land uses immediately bordering or directly inclusion
across the street from the project site area providing a
schedule for major construction activities that will occur
through the duration of the construction period. In addition,
the notification will include the identification and contact
number for a community liaison and designated construction
manager that would be available on site to monitor
construction activities. The construction manager will be
located at the on-site construction office during construction
hours for the duration of all construction activities. Contract
information for the community liaison and construction
manager will be located at the construction office, City Hall,
and the police department
■ Ensure that construction equipment is properly muffled
according to industry standards
■ Place noise-generating construction equipment and locate
construction staging areas away from sensitive uses, where
feasible
Implement noise attenuation measures to the extent feasible, Z
0
N
The Ripcurl Project Mitigation Monitoring and Reporting Program 9
Res. No. 2008-66
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, 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 a regular meeting thereof held on November 10, 2008 by the following vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
24
Clerk and tlex-offici leek of the
City Council of the City of
Huntington Beach, California