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:
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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
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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