HomeMy WebLinkAboutCity Council - 2013-61 RESOLUTION NO. 2C,13-61
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (SCH#2011081099)
FOR THE WARNER NICHOLS PROJECT
WHEREAS, Environmental Impact Report No. 07-001, State Clearinghouse
#2011081099 ("EIR") was prepared by the City of Huntington Beach ("City") to address the
environmental implications of the proposed Warner Nichols Project (the "Project"); and
• On September 1, 2011, a Notice of Preparation/Initial Study for the Project was
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, the City
completed preparation of the Draft EIR and filed a Notice of Completion with the State
Clearinghouse on October 4, 2012; and
• The Draft EIR was circulated for public review and comment from October 4, 2012 to
November 19, 2012, and was available for review at several locations including
Planning and Building Department, City Clerk's Office, Central Library, Oakview
Library, and the City's website; and
• On April 23 and August 13, 2013, the Planning Commission held public meetings on
the EIR and certified the EIR as adequate and complete; and
Public comments have been received on the Draft EIR, and responses to those
comments have been prepared and provided to the City Council; and
Public Resources Code Section 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 4, 2013 and received
and considered public testimony.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into
this Resolution by this reference.
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Resolution No. 2013-61
SECTION 2. 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 and Building Department Staff Reports to
the 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.
SECTION 3. 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 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 features, standard requirements, and by the imposition of mitigation
measures on the approved Project. All mitigation measures are included in the "Mitigation
Monitoring Reporting 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, even
when these alternatives might impede the attainment of Project objectives. 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 that 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 Final
EIR after circulation of the Draft EIR. The City Council finds that the minor refinements that
have been made to the Project as a result of clarifications in the mitigation measures and EIR
text 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 Reporting
Program establishes a mechanism and procedures for implementing and verifying the
mitigations pursuant to Public Resources Code Section 2108.6 and hereby adopts the
Mitigation Monitoring Reporting Program. The mitigation measures shall be incorporated into
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Resolution No. 2013-61
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. 05-001 and
Zoning Map Amendment No. 05-001 (Warner Nichols).
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 and ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on _ November 04 2013.
Mayor
ATTEST:
0
Cit"lerk rff
APPROVED AS TO FORM:
'V City Attorney
REVI D APPROVED: INITI D AND APPROVED:
Cit�M nager Director of P arming and Building
Exhibit A: Mitigation Monitoring Reporting Program
13-3909/101082 3
RE:solution No. 2013-61
Exhibit
Warner-Nichols
Mitigation Monitoring and Reporting program
Introduction
This document provides the Mitigation Monitoring and Reporting Program (MMRP) for the Warner-
Nichols project.This document is required by the California Environmental.Quality Act(CEQA)
under Section 15097 for any public agency that is required to make findings in accordance with the
CEQA Guidelines Section 15091(a).
In order to ensure that the mitigation measures that are identified in an environmental impact
.report(EIR) or mitigated negative declaration are implemented,a public agency must adopt a
program for monitoring or reporting on the revisions that have been required in the project and the
measures it has imposed to mitigate or avoid significant environmental effects.The MMRP must be
designed to ensure compliance during project implementation(Public Resources Code Section
21081.6).',
The City of Huntington Beach(City)prepared an EIR to evaluate the potential environmental impacts
related to proposed changes in General Plan land use and zoning designations,and removal or
demolition of the existing structures on the project site located at 7622 and 7642 Warner Avenue.
The City was the lead agency responsible for the preparation of the EIR to address the proposed
Warner-Nichols project.
No revisions have been required for the Warner-Nichols project.In the final EIR,five mitigation
measures were identified to be imposed as a condition of approval for the project.The requirements
for monitoring and reporting on the required mitigation are provided in the Table MMRP-1.
Warner-Nichols Nov 2013
1
ICF 611 46.06
Resolution No. 2013-61
City of Huntington Beach Mitigation Monitoring and Reporting Program
Table MMRP-1.Warner-Nichols Mitigation Monitoring and Reporting Program
Mitigation Compliance
Measure Implementation Monitoring Responsible Verification
No. Mitigation Measure Documentation Activity Timing Monitor Signature Date
CR-1 Photography and Recordation of Proof of Verify Prior to Planning
Furuta House#1,Pastor's House, retention of credentials of issuance
Church#1,Church 42,and the Barn. qualified report writer of
Prior to the issuance of a demolition architectural demolition
permit or relocation of the historic historian/ permit or
buildings on site,large format architect or relocation
photographic documentation and a historic of the
written report will be prepared by a preservation historic
qualified architectural historian,architect professional buildings
experienced in historic preservation,or
historic preservation professional who Written report Verify Prior to Planning
by architectural requirements issuance
satisfies the Secretary of the Interior's historian/ of report are of
Professional Qualifications Standards for architect or met demolition
History,Architectural History,or historic permit or
Architecture pursuant to 36 CFR 61.The preservation relocation
written report will follow the guidelines professional of the
associated with HABS Level I historic
documentation,which uses the"Outline -.buildings
Format"instead of the one-sheet
architectural data form associated with
Level III recordation.The large format
4x5 photography with photo index will
document the significance of Furuta
House#1,Pastor's House,Church#1,
Church#2,and the barn and their
physical conditions,both historic and
current,through photographs pursuant to
Level III HABS documentation:
Photographic documentation noting all
elevations and additional details of the
Warner-Nichols Z NoV 2013
ICF 61146.06
Resolution No. 2013-61
City of Huntington Beach Mitigation Monitoring and Reporting Program
Mitigation Compliance
Measure Implementation Monitoring Responsible Verification
No. Mitigation Measure Documentation Activity Timing Monitor Signature Date
buildings'architectural features will be
undertaken.The photographer will be
familiar with the recordation of historic
resources.Photographs will be prepared
in a format consistent with the HABS
standard for field photography.Copies of
the report will be submitted to the City of
Huntington Beach Planning and Building
Department,Huntington Beach Central
Library,Huntington Beach Historic
Resources Board,Huntington Beach
Historical Society,Historical and Cultural
Foundation of Orange County-Japanese
American Council,Wintersburg
Presbyterian Church,Orange County
Archives,and Orange County Japanese
American Association.
CR-2 Mitigation Measure CR-2.Offer Documentation Verification Prior to Planning
Buildings for Relocation Prior to from applicant that issuance
Demolition.Prior to the issuance of a of consultation consultation of
demolition permitfor the Furuta House with I I occurred demolition
#1,the Pastor's House,Church#1,Church community permit
#2 and/or the barn,the applicant shall and/or
demonstrate to the City that it has worked preservation
with community/preservation groups to groups,
including offer
offer the buildings for relocation to a and responses
compatible location that will reestablish
contributing aspects of the dwelling's
Documentation Verification Prior to Planning
historic orientation,immediate setting, of offer that offer met issuance
and general environment.(If such a site is all of
not available,a less compatible site may requirements demolition
be used,if the only other option is and that at permit,
least 18 months but at
Warner-Nichols 3 Nov 2013.
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Resolution No. 2013-61
City of Huntington Beach Mitigation Monitoring and Reporting Program
Mitigation Compliance
Measure Implementation Monitoring Responsible Verification
No. Mitigation Measure Documentation Activity Timing Monitor. Signature Date
demolition.)In the offer,the applicant had elapsed least 18
shall state that they will contribute money after project months
towards this relocation in an amount approval after
equal to the cost of demolition,based on project
an estimate approved by the City from a If relocation If relocation approval Planning
licensed contractor.The relocation efforts occurs for one occurs for one Prior to
will be conducted in accordance with the or more or more issuance
guidelines recommended by the National buildings,letter buildings, of
Park Service that are outlined in the describing review of demolition
relocation letter permit for
booklet''MoeingHistoric Buildings,"by
describing remaining
John Obed Curtis(1979).In addition,any relocation buildings
maintenance,repair,rehabilitation,
stabilization,or preservation work
performed in conjunction with the
relocation of the buildings will be
undertaken in a manner consistent with
the Secretary of the Interior's Standards
for Rehabilitation.Negotiations shall be
accommodated for a period of not less
than 18 months following project
approval.Should no plan of relocation be
brought forward within 18 months,
demolition will be allowed to occur,
CR-3 Mitigation Measure CR-3. Notes on Review and Planning
Archaeological Resources.Prior to the demolition approve Prior to
issuance of demolition permits,the plans. demolition issuance
Huntington Beach Department of plans for of
Planning and Building Director or his inclusion demolition
designee will confirm that the project If potential Verify permit Planning
plans stipulate that a qualified archaeological credentials of Through-
professional archaeologist will be present resources are archaeologist out
during the demolition or removal of the discovered, and review demolition
activities
documentation and approve
Warner-Nichols 4 Nov 2013
ICF 61146.06
Resolution No. 2013-61
City of Huntington Beach Mitigation Monitoring and Reporting Program
Mitigation Compliance
Measure Implementation Monitoring Responsible Verification
No. Mitigation Measure Documentation Activity Timing Monitor Signature Date
structures in the event that potential of assessment
archaeological resources are discovered. archaeologist's and treatment
Work will stop until the archaeologist can assessment,and plan,if
assess.the significance of the find and,if treatment plan, required
necessary,develop appropriate treatment if required
measures to the approval of the City's if treatment Verification of Through- Planning
Planning and Building Department. " plan required, completion of out
Treatment measures typically include documentation treatment plan demolition
development of avoidance strategies or by activities
mitigation o f impacts through data
archaeologist of
completion
recovery programs such as excavation or
treatment plan
n
detailed documentation.
CR-4 Mitigation Measure CR-4. Notes on Review and Prior to Planning
Paleontological Resources.Prior to the demolition approve issuance
issuance of demolition permits,the plans demolition of
Huntington Beach Department of plans for demolition
Planning and Building Director or his inclusion permit
designee will confirm that the project If potential Verify Through- Planning
plans stipulate that a qualified paleontologist credentials of out
paleontological monitor will be contacted resources are paleontologist demolition
in the event that potential paleontological discovered, and review activities
resources are discovered during documentation and approve
of retention of assessment
demolition or removal of the structures.
qualified and treatment
Work will stop until a qualified professional plan,if
paleontologist can assess the significance paleontologist, required
of the find and,if necessary,develop paleontologist's
appropriate treatment measures to the assessment,and
approval of the City's Planning and treatmentplan,
Building Department.The monitor will be if required
equipped to salvage resources to avoid If treatment Verification of Through- Planning
construction delays and will be plan required, completion of out
empowered to temporarily halt or divert documentation treatment plan demolition
equipment to allow removal of abundant by activities
Warner-Nichols 5 Nov 2013
ICF 61146.06
Resolution No. 2013-61
City of Huntington Beach Mitigation Monitoring and Reporting Program
Mitigation Compliance
Measure Implementation Monitoring Responsible Verification
No. Mitigation Measure Documentation Activity Timing Monitor Signature Date
or large specimens.Recovered specimens paleontologist
will be prepared to a point of of completion of
identification and permanent treatment plan
preservation.Specimens will be curated
into a professional,accredited museum
repository with permanent retrievable
storage.A report of findings with an
appended itemized inventory of
specimens will be prepared.
1310-1 Precautionary Mitigation Measure BIO- Consulting Verify Prior to Planning
1: Prior to issuance of a demolition arborist report requirements issuance
permit the applicant shall provide a of report are of
consulting arborist report on all the met demolition
existing trees. Said report shall quantify, permit
identify,size and analyze the health of the
existing trees. The report shall also
recommend how the existing trees shall
be protected and how far demolition shall
be kept from the trunk.
Warner-Nichols 6 Nov 2013
ICF 61146.06
Res. No. 2013-61
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 4, 2013 by the following vote:
AYES: Sullivan, Harper, Carchio, Katapodis
NOES: Hardy, Boardman, Shaw
ABSENT: None
ABSTAIN: None
,a
r
F
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California