HomeMy WebLinkAboutCity Council - 2013-12 RESOLUTION NO. 2013-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(SCH##2011111053)FOR THE REUSABLE BAG ORDINANCE
(SINGLE-USE CARRYOUT BAG ORDINANCE)
WHEREAS, Environmental Impact Report No. 11-002, State Clearinghouse
#201 1 1 1 1053, ("EIR") was prepared by the City of Huntington Beach ("City") to address
the environmental implications of the proposed Reusable Bag Ordinance (the "Project");
and
On November 17, 2011, 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 December 7, 2011, the City
completed preparation of the Draft EIR and filed a Notice of Completion with the State
Clearinghouse on February S, 2012; and
The Draft EIR was circulated for public review and comment from February 9,
2012 to March 26, 2012 and was available for review at several locations including City
Hall, the Huntington Beach Central 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 Single Use
Carryout Bag Ordinance" (the "Responses to Comments"), dated January 2013; 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 March 18, 2013, and
received and considered public testimony,
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
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
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Resolution No. 2013-12
agencies commenting on the Draft EIR), the Text Changes to the Draft EIR (bound
together with the Responses to Comments) and all Planning and Building Department 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 and Building, 2000 Main Street,
Huntington Beach, California 92648.
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.
3. The City Council finds that the Final EIR identifies all significant effects
which can feasibly be mitigated or avoided have been mitigated or avoided on the Project,
and that all potential impacts associated with the Project would be less than significant
without mitigation.
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.
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.
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 text of the Draft EIR 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.
1. The-City Council findsthat 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 adopting the proposed Single Use Carryout
Bag Ordinance.
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Resolution No. 2013-12
8. 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 is 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 18 t h day of March , 2013.
4 , 0
r
Mayor
REVIE XAPPROVED: INITIA D APPROVED:
Cit r ' ger Director of Planning and Building
APPROVED AS TO FORM:
Cit Attorne
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Res. No. 2013-12
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 March 18, 2013 by the following vote:
AYES: Hardy, Boardman, Shaw, Katapodis
NOES: Sullivan, Harper, Carchio
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California