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HomeMy WebLinkAboutCC Res 6767 2017-09-11RESOLUTION NUMBER 6767 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DENYING AN APPEAL, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR PROPOSED CONDITIONAL USE PERMIT 16-7 FOR THE CONSTRUCTION OF A 37,000 SO. FT. HEALTH CLUB (FITNESS CENTER) AT 12411 SEAL BEACH BOULEVARD WITHIN THE SHOPS AT ' ROSSMOOR IN THE GENERAL COMMERCIAL (GC) ZONING AREA, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM. THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Martin Potts of MPA ('the applicant") on behalf of the property owner CPT Shops at Rossmoor, LLC, submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 16 -7 with an associated Final Environmental Impact Report (Final EIR) with a Mitigation Monitoring and Reporting Program. The proposed Final EIR analyzes the potential environmental effects of constructing and operating a health club (fitness center) ('the Project") to be located at 12411 Seal Beach Boulevard, Seal Beach, California, in an existing shopping center, the Shops at Rossmoor, within the Commercial General (CG) zoning area. Section 2. Pursuant to the California Environmental Quality Act (CEQA) (Cal. Public Resources Code Section 21000 at seq.), and the State CEQA Guidelines (14 Cal. Code Reg. Section 15000 at seq.), the City, as lead agency, determined that the proposed development of ,a health club (fitness center) constitutes a project that is ' subject to environmental review under CEQA and the CEQA Guidelines. Section 3. On January 4, 2017, the City, in conjunction with environmental consultant MIG, Inc., published and distributed a Notice of Preparation (NOP) with the Initial Study (collectively NOP/IS) to the State Office of Planning and Research (OPR), to all agencies and person that might be affected by the Project. The NOP was distributed through CPR (State Clearinghouse No. 2017011033). The NOP/IS was circulated for public comment for a 30 -day public review period extending from January 4, 2017 through February 3, 2017. The NOP/IS was also made available for public review on the City's website at www.sealbeachca.aov and at four locations in the City including the City of Seal Beach Community Development Department, the Mary Wilson Library, the Los Alamitos - Rossmoor Library, and the Leisure World Library. Section 4. During the public comment period on the NOP/IS, the City of Seal Beach received comments from numerous members of the public as well as from four other public agencies, the O.C. Public Works / O.C. Development Services/ Planning Division, Native American Heritage Commission, South Coast Air Quality Management District (SCAOMD), and Gabrieleno Band of Mission Indians — Kizh Nation. Section 5. Following conclusion of the public review period of the NOP/IS, the City in conjunction with MIG, Inc., caused preparation of a Draft Environmental Impact Report (Draft EIR) On March 9, 2017, a Notice of Completion (NOC) of the Draft EIR ' was published in the Sun Newspaper on March 9, 2017, and the NOC and Draft EIR were transmitted to the State Clearinghouse and distributed to numerous State, federal, and local agencies and organizations, with comments requested by April 17, 2017. The NOC and the Draft EIR were also circulated for public review for a 47 -day public comment period beginning on March 9, 2017 and ending on April 26, 2017. Copies of the NOC and Draft EIR were also made available for public review on the City's website at www.sealbeachca.aov and at four locations in the City including the City of Seal Beach Community Development Department, the Mary Wilson Library, the Los Alamitos - Rossmoor Library, and the Leisure World Library. Resolution 6767 Section 6. During the public comment period on the Draft EIR, the City of Seal Beach received comments from other public agencies, including the Orange County Transportation Authority (OCTA), Orange County Fire Authority (OCFA), and California Department of Transportation (Caltrans), and from members of the public. Section 7. In accordance with Seal Beach Municipal Code (SBMC) Section 3.10.005, on April 5, 2017, a duly noticed public meeting was conducted by the Seal Beach Environmental Quality Control Board (EQCB) during the public comment period ' on the proposed Draft EIR, The EQCB received public comments on the Draft EIR, and forwarded those public comments and the EQCB's comments to City staff to be incorporated into the Draft EIR, and to be included in the record submitted to the Planning Commission as part of the Planning Commission's consideration of the proposed Final EIR and Project, in accordance with SBMC Section 3.10.005(F). Section 8. The City reviewed all Comments submitted on the Draft EIR, and Responses to the Comments were prepared and circulated to the public agencies in accordance with Public Resources Code Section 21092.5 and CEQA Guidelines Section 15088. None of the Comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5. Section 9. The Final EIR consists of the Draft EIR and all of its appendices, the Comments and Responses to the Comments on the Draft EIR, and the Mitigation Monitoring and Reporting Program. The Final EIR with Mitigation Monitoring and Reporting Program (MMRP) was released to the public and all commenting public agencies on June 9, 2017, which is at least 10 days prior to certification of the Final EIR, in compliance with Public Resources Code Section 21092.5(a). Section 10. A duly noticed public hearing was commenced before the Planning Commission on June 19, 2017 to consider the proposed Final EIR with Mitigation ' Monitoring and Reporting Program and the proposed Project. At the public hearing the Planning Commission, due to an inadvertent error with the noticing the item with regard to the location of the hearing, opened the public hearing for public comment and two speakers presented testimony. The Planning Commission, by motion, voted to keep the public hearing open and continued the item to an adjourned/special meeting of the Planning Commission on June 27, 2017 at 7:00 p.m. in the Council Chambers. Section 11. A duly noticed continued public hearing was held before the Planning Commission on June 27, 2017 to consider the proposed Final EIR with Mitigation Monitoring and Reporting Program and the proposed Project. At the public hearing, the Planning Commission received into the record the Final EIR, as well as all written comments submitted after April 24, 2017. At the public hearing on June 27, 2017, the Planning Commission received into the record the comments forwarded from the EQCB and considered all evidence presented, both written and oral, regarding the subject application. Following the public hearing, the Planning Commission voted to adopt Planning Commission Resolution 17 -15 certifying the Final EIR. Section 12. The appellant timely appealed the Planning Commission's decision by submitting an Appeal Application to the City Council on July 5, 2017. Section 13. A duly noticed public hearing was held before the City Council on September 11, 2017 to consider the appellant's appeal and the applicant's application for CUP 16 -7. At the public hearing, the City Council received and considered all evidence presented, both written and oral, regarding the subject application. All persons present who wished to address the Council regarding the matter were permitted to do so. Based on substantial evidence in the entire record of, the hearing, the City Council finds the following facts to be true. Section 14. The application reflects that the subject property is a puzzle piece - shaped parcel with a lot area of approximately 1,544,202 sq. ft. or (35.45 acres). The property is approximately 1,427 feet wide by 1,007 feet deep. The site is surrounded on the north, south and west by residential uses and to the east by commercial uses. The subject property is currently developed as a commercial shopping center with Resolution 6767 approximately 376,029 square feet of gross building area. Pursuant to the applicant, the applicant requests approval of CUP 16 -7 and certification of an associated Final EIR to construct and operate a large scale commercial recreational use that is approximately 37,000 square feet in gross floor area. The health club is proposed to operate seven days a week. Hours of operation would be 5:00 a.m. to 11:00 p.m. Monday through Thursday, 5:00 a.m. to 10:00 p.m. on Fridays, and 8:00 a.m. to 8:00 p.m. on Saturdays and Sundays ' Section 15. The City Council has reviewed and considered the entire record of proceedings. The record of proceedings is on file and available for public examination during normal business hours at Seal Beach City Hall, Planning Department, 211 Eighth Street, Seal Beach, California, during regular business hours, and is posted on the City's website at: htto: / /www.sealbeachca.gov /. The custodian of the records is the Director of Community Development. Section 16. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project subject to CEQA, make one or more of the following written finding(s) for each significant effect identified in a final environmental impact report accompanied by a brief explanation of the rationale for each finding: A. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, B. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, C. Specific economic, legal, social, technological, or other considerations, ' including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Section 17. Section 15126.6 of the CEQA Guidelines requires analysis of a reasonable range of alternatives to the proposed project that would feasibly attain some or all or the main objectives of the proposed project while avoiding or substantially lessening one or more of the significant environmental effects that would occur. Section 18. These required findings for the Final EIR are set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. A. Environmental impacts identified in the Final EIR as no impact or less than significant impact without the imposition of mitigation measures are described in Exhibit A, Sections IV and V, respectively. B. Environmental impacts, or specific aspects of those impacts, identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels after mitigation, are discussed in Exhibit A, Section VI. C. No environmental impacts remain significant and unavoidable after mitigation, as discussed in Exhibit A, Section VII. D. Alternatives to the Project that might reduce significant environmental impacts, and the reasons for rejecting those alternatives, are discussed in Exhibit A, Section VIII. Section 19. The Final EIR identified mitigation measures that will mitigate any or all significant noise impacts to a level of insignificance, and incorporated those mitigation measures into a Mitigation Monitoring and Reporting Program (or MMRP), in accordance with Public Resources Code Section 21081.6 and CEQA Guidelines 15091(d). The Mitigation Monitoring and Reporting Program sets forth mitigation Resolution 6767 measures to reduce noise impacts, which are set out on Exhibit B, attached to this Resolution and incorporated herein by this reference. Section 20. After due consideration of the proposed Project and the record of proceedings, and based on substantial evidence in light of the whole record and in the exercise of its independent judgment, the City Council finds as follows: A. All of the recitals set forth above in Sections 1 through 19, inclusive, are true and correct. ' B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the proposed Project. The Project has been environmentally reviewed pursuant to the provisions of CEOA and the CEQA Guidelines. C. The City Council has independently considered the record of proceedings before it, which is hereby incorporated by reference. D. The Final EIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached hereto as Exhibit A, and in the Mitigation Monitoring and Reporting Program, set forth in Exhibit B, attached hereto. The Mitigation Monitoring and Reporting Program for the Project (Exhibit B hereto) was completed in compliance with CEQA and the State CEQA Guidelines. E. The Final EIR reflects the independent judgment of the City Council F. The additional information provided in the staff reports, in the Comments on the Draft EIR and the Responses thereto, and evidence presented in oral and written testimony, do not constitute new information requiring ' recirculation of the EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the Project or a feasible mitigation measure, or an alternative that the City has declined to implement. G. Approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. H. The Final EIR is adequate and was prepared in full compliance with CEQA and the CEQA Guidelines. I. The City Council hereby denies the appeal, certifies the Final EIR for the proposed Project, adopts the findings attached as Exhibit A, and adopts the Mitigation Monitoring and Reporting Program attached as Exhibit B. The mitigation measures set forth in the Final EIR and Mitigation Monitoring and Reporting Program are incorporated into the Project and made a part of its implementation. Section 21. The City Council hereby instructs the Director of Community Development to file appropriate documentation with the County of Orange. Section 22. The time within which to seek review of this determination, if any, is governed by the California Environmental Quality Act or other similar shortened period of limitations. Resolution 6767 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of September , 2017 by the following vote: AYES: Council Members: Massa - Lavitt, Varipapa, Deaton NOES: Council Members: Sustarsic, Moore ABSENT: Council Members: None ABSTAIN: Council Members: None Sandra Massa- Lavitt, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6767 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 11th day of September , 2017. IQ 04& ' R bin L. Robe ts, City Clerk 11