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Home My WebLink AboutRES 17-7094 (FINAL EIR)1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IR RESOLUTION NO. 17-7094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ("EIR"), ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR PLAN HERMOSA, THE INTEGRATED GENERAL PLAN AND COASTAL LAND USE PLAN FOR THE CITY OF HERMOSA BEACH THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, HEREBY RESOLVE AS FOLLOWS: SECTION 1. In July 2013, the City of Hermosa Beach initiated a comprehensive update to the General Plan, including integration of the City's Coastal Land Use Plan. This update includes comprehensive revisions to all previous elements of the General Plan, with the exception of the Housing Element, which was certified by the California Department of Housing and Community Development on October 18, 2013. The three -and -a -half year update process has resulted in the preparation of PLAN Hermosa, which includes General Plan Elements on Governance, Land Use + Design, Mobility, Sustainability + Conservation, Parks + Open Space, Public Safety, and Infrastructure. PLAN Hermosa also covers California Coastal Act topics of Public Access, Recreation + Visitor Serving Facilities, Water Quality Protection, Environmentally Sensitive Habitats + Natural Resources, Planning + Development, Archaeological + Cultural Resources, Scenic + Visual Resources, Coastal Hazards, Shoreline Erosion + Protective Devices, and Energy + Industrial Development. SECTION 2. Pursuant to the California Environmental Quality Act ("CEQA"), the City, acting as Lead Agency, circulated a Notice of Preparation ("NOP") for the project on August 7, 2015, beginning a 30-day review period. As part of the Environmental Impact Report ("EIR") scoping process, the City held a public scoping meeting at the Planning Commission meeting on August 18, 2015, in the Hermosa Beach City Council Chambers. The NOP and letters received in response to the NOP from both public agencies and members of the public are included in Appendix B of the Draft EIR. The Draft EIR was circulated for a 72-day review period beginning October 26, Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1)R 2016 and ending on January 5, 2017. As part of the Draft EIR review process, the Planning Commission held a special meeting on November 21, 2016 to take public comment on the Draft EIR. The Final EIR was made public on February 9, 2017. Revisions to the Final EIR have been made based on Planning Commission and City Council review and changes to PLAN Hermosa. All required notifications were provided pursuant to CEQA (Public Resources Code Section 21092.5) and all comment letters were incorporated into the Final EIR. SECTION 3. In accordance with Senate Bill 18 (SB 18) and Government Code 69352.3, and Assembly Bill 52 (AB 52) and Government Code 21000, the City of Hermosa Beach requested a list of Tribal Organization contacts from the Native American Heritage Commission in April 2014. The City of Hermosa Beach sent notifications to the appropriate tribal organizations in January 2015 in compliance with SB 18, and again in August 2015 to comply with AB 52. The City has complied with the requirements for tribal consultation and the findings of consultation process can be found in Attachment D to this resolution. SECTION 4. The Planning Commission, Public Works Commission, Parks and Recreation Commission, and Emergency Preparedness Advisory Commission held public meetings to review the 2015 Public Review Draft of PLAN Hermosa between January 2016 and June 2016, and have recommended modifications to the document. The Planning Commission further held Public Hearings on February 22, 23, and 27; and March 13, 21, and 27, 2017 to review and identify additional recommended changes to PLAN Hermosa, based on previous input from the Public Works Commission, Parks and Recreation Commission, and Emergency Preparedness Advisory Commission, and public and commissioner testimony provided during the public hearings. The changes to PLAN Hermosa that the Planning Commission recommended to the City Council, were incorporated into the Planning Commission Recommended Draft prepared in March 2017 and reviewed by the City Council. Notice of the public hearing before the Planning Commission on the PLAN Hermosa and FEIR was advertised in The Easy Reader Newspaper on February 16, 2017, and re -advertised in the Easy Reader on March 16, 2017. Notifications of the Public Hearing was also shared with the local press and was also distributed via the City's eNotify, Nixle and Nextdoor communication systems to the Hermosa Beach community. Page 2 of 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?u SECTION 5. The proposed changes to the project largely clarify and define policy without changing the intent of the PLAN's goals and objectives. Pursuant to Section 15088.5 of the State CEQA Guidelines, the changes would not result in any new significant environmental impacts nor substantially increase the severity of significant impacts described in the EIR and a recirculation of the EIR is not necessary. The EIR is not changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project because the impact conclusions have not changed. The EIR is also not changed in a way that deprives the public of a meaningful opportunity to comment upon a feasible way to mitigate or avoid such an effect that will not be implemented, as all feasible mitigation and a reasonable range of alternatives were discussed in the EIR and during the extensive public hearing process. There are no new or substantially increased impacts that were not previously identified in the EIR. As explained further in Attachment D, Hermosa Beach Project Findings and Statement of Overriding Considerations Recommending the adoption of PLAN Hermosa, none of the conditions set forth in CEQA requiring recirculation of a Draft EIR have been met. SECTION 6. The City of Hermosa Beach prepared the PLAN Hermosa Program EIR (State Clearinghouse #2015081009) in its capacity as lead agency under CEQA and in compliance with CEQA. The Final EIR, provided as Attachments A through E consists of the NOP, Notice of Availability, the Draft EIR including technical appendices, the Responses to Comments, Final Corrections and Additions, Mitigation Monitoring and Reporting Program, and the Project Findings and Statement of Overriding Considerations Recommending the adoption of PLAN Hermosa. Hereafter, these documents will be referred to collectively as the "Final EIR." These Findings are based on the entire record before the City Council, including the Final EIR. SECTION 7. In accordance with Public Resources Code Section 21092.5, the City written proposed responses to public agencies that commented on the Draft EIR ten (10) days to certification of the Final EIR. SECTION 8. The Planning Commission of the City of Hermosa Beach held duly Public Hearings on PLAN Hermosa and the Final EIR on February 22, 23, and 27; and March 13, 21, and 27, 2017 and made a formal recommendation to the City Council on March 27, 2017 Page 3 of 5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IR the adoption of Planning Commission Resolutions 17-09 and 17-10 recommending certification the Final Environmental Impact Report and Adoption of PLAN Hermosa. SECTION 9. The City Council held Study Sessions to review PLAN Hermosa and the associated EIR on April 20, May 23, May 31, and June 13, 2017. Public hearings were held by the City Council on July 11, July 17, and August 22, 2017. Notice of the public hearings before the City Council on PLAN Hermosa and the FEIR was advertised in The Easy Reader Newspaper on June 29, 2017 and August 17, 2017. Notification of the City Council Study Sessions and Public Hearings was also provided to all tenants and property owners of all addresses in Hermosa Beach via mail, shared with the local press, and distributed via the City's eNotify, Nixle and Nextdoor communication systems to the Hermosa Beach community. SECTION 10. In accordance with CEQA Section 21082, the Planning Commission independently reviewed and analyzed the Final EIR, provided as Attachments A through E, and the administrative record relating to the proposed project. The Final EIR constitutes an accurate and complete statement of the environmental impacts of the proposed project. The Final EIR reflects the independent judgment of the Planning Commission and it hereby recommends the City Council adopt the facts and analysis in the Final EIR and in the Project Findings and Statement of Overriding Considerations Recommending the adoption of PLAN Hermosa and certify the Final EIR. The omission of some detail or aspect of the Final EIR does not mean that it has been rejected by the City Council. SECTION 11. Pursuant to Section 15091 (a)(1) of the CEQA Guidelines, the City Council finds that changes or alterations have been required in the project that, to the extent feasible, substantially lessen the significant environmental effects identified in the EIR. These changes or alterations are included in the Mitigation Monitoring and Reporting Program. In accordance with Section 15091 (d), and Section 15097 of the CEQA Guidelines, which require a public agency to adopt a program for reporting or monitoring required changes or conditions of approval to substantially lessen significant environmental effects, the City Council hereby adopts the Mitigation Monitoring and Reporting Program incorporated herein as Attachment C. Page 4 of 5 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �R SECTION 12. In accordance with CEQA Section 21081, specific overriding economic, legal, social, technological, or other benefits of the project have been identified that outweigh the significant effects on the environment, as described in the Statement of Overriding Considerations (Attachment D). The City Council hereby makes the findings described in the Hermosa Beach Project Findings and Statement of Overriding Considerations for Adoption of PLAN Hermosa. SECTION 13. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 22nd day of August, 2017. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: City Clerk :APPROVED AS TC FORM: J City Attorney Page 5 of 5