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HomeMy WebLinkAboutCity Council - 2014-44 RESOLUTION NO. 2014-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2013051088) FOR THE SURF CITY NIGHTS PROJECT WHEREAS, Environmental Impact Report No. 13-003, State Clearinghouse #2013051088 (EIR)was prepared by the City of Huntington Beach (`Cit})to address the environmental implications of the proposed Surf City Nights Project (the`Projecf);and On December 19, 2013, 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 March 20, 2014; and The Draft EIR was circulated for public review and comment from March 20, 2014 to May 5, 2014, and was available for review at several locations including City Hall Planning and Building Department, City Clerk's Office, Central Library, Main Street Library and the City s website; and On June 10, 2014, the Huntington Beach Planning Commission held a public hearing regarding the Draft EIR, and certified it as complete and adequate; and The certification of the Draft EIR has been appealed to the City Council; 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 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 July 21, 2014 and received and considered public testimony, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 14-4253/110701.doc 1 Resolution no. 2014-44 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 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 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 and standard conditions and requirements. 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. 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 in 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 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 14-4253/110701.doc 2 Resolution no. 2014-44 the Final EIR prior to approving Conditional Use Permit No. 12-026, Coastal Development Permit No. 12-001, and Noise Deviation Permit No. 13-009. 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 July 21, 2014. Mayor REV& ZPPROVED: APPROVED AS TO FORM: 0-1>-U, - Citolala eir City Attorney I� INITIA A APPROVED: 1 Director of Planning & Building 14-4253/11070 Ldoc 3 Res. No. 2014-44 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 July 21, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None City CJW and ex-officio CC of the City Council of the City of Huntington Beach, California