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HomeMy WebLinkAboutCC Res 4554 1997-08-11 RESOLUTION NO.~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 97-2 AND ADOPTING REVISION 97-1 TO THE "SAFE1Y ELEMENT' OF THE SEAL BEACH GENERAL PLAN 1 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, the California Government Code includes certain provisions regarding the content of the "Safety Element" of the General Plan; and WHEREAS,the City of Seal Beach desires to update its current "Seismic Safety - Safety Element" to conform to provisions of the Government Code; and WHEREAS, this proposed element of the Seal Beach General Plan discusses the purpose and function of the Safety Element; describes existing conditions regarding appropriate areas of concern; discusses programs and policies to alleviate identified issues and concerns; and provides implementation policies and programs to alleviate the identified areas of concern; and WHEREAS, staff has prepared and circulated an Initial Environmental Assessment and I proposed Negative Declaration as required by the California Environmental Quality Act (CEQA). As of the July 23, 1997, the City has received the following responses on the proposed Negative Declaration: a) from the City of Long Beach, indicating no comments on the negative declaration; and b) from the California Department of Transportation, District 12, indicating no comments on the negative declaration; and c) from the California Coastal Commission not commenting on the Negative Declaration, but addressing the ability of the proposed Safety Element to implement the Chapter 3 policies of the Coastal Act; and d) from the County of Orange Planning and Development Services Department not commenting on the Negative Declaration, but suggesting amendments to the Safety Element regarding the National Pollutant Discharge Elimination System (NPDES) program and water quality control plans for the Santa Ana River Basin; and I WHEREAS, in compliance with CEQA and local CEQA guidelines, staff has prepared the required "Response to Comments on Negative Declaration No. 97-2", including all responses received by the City to July 23, ]997. WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 23, 1997 to consider Negative Declaration 97-2 and General Plan Amendment 97-1; and Resolution Number ~ WHEREAS, the Planning Commission received into evidence the Staff Report of July 23, 1997, along with all attachments thereto, and considered all public testimony presented; and I WHEREAS, The Planning Commission made the following findings and recommended approval of the subject Negative Declaration and General Plan Amendment by the City Council on July 23, 1997: 1. The proposed Negative Declaration adequately discloses the potential environmental impacts of the proposed "Safety Elemelll of the General Plan of the City of Seal Beach", and no substantial . adverse environmental impacts will result upon the adoption of this Element of the General Plan. 2. The proposed "Safety Elemelll of the General Plan of the City of Seal Beach" will discuss the purpose and function of the Safety Element; describes existing conditions regarding appropriate areas of concern; discusses programs and policies to alleviate identified issues and concerns; and provides implementation policies and program.s to alleviate the identified areas of concern. 3. The proposed "Safety Elemelll of the General Plan of the City of Seal Beach" will replace the Seismic Safety - Safety Element of the General Plan, which has not been revised since 1975. It will comply with current provisions of the Government Code regarding the Safety Element of the General Plan. I 4. The proposed "Sqfety Elemelll of the General Plan of the City of Seal Beach", including the amendments set forth in "Exhibit A" of Planning Commission Resolution No. 97-16, attached thereto and incorporated therein, is consistent with the other elements of the Seal Beach General Plan; and WHEREAS,a duly noticed public hearing was held by the City Council on August 11, 1997 to consider Negative Declaration 97-2 and General Plan Amendment 97-1 to the Safety Element; and WHEREAS, the City Council received into evidence the Report of the Planning Commission, including the Staff Report and Supplemental Staff Report dated July 23, 1997, Planning Commission Resolution No. 97-16, and the Minutes of the Planning Commission meeting of July 23, 1997. In addition, the City Council considered all written and oral testimony presented at the time of the public hearing and the "Response to Comments on Negative Declaration No. 97-2"; and WHEREAS, at the conclusion of the public hearing, based upon the evidence presented, the City Council determined to adopt Negative Declaration 97-2; and I WHEREAS, Negative Declaration 97:2 and the accompanying Initial Study indicates that the project involves no potential for any adverse impact, either individually or cumulatively, on wildlife'resources and will not have an adverse impact on fish and wildlife. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby adopt Negative Declaration 97-2, relating to General Plan Amendment 97-1 to the "Safety Elemelll of General Plan", and does hereby adopt the Resolution Number~~~~ n SqfefY Element a/General 1'1011", including the amendments thereto included in Exhibit A of Planning Commission Resolution No. 97-16. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council fmds that there is no substantial evidence that General Plan Amendment 97-1 will have a significant effect on the environment, involves no potential for adverse effect, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife and directs the Director of Development Services to file the appropriate I De Minimis Impact Finding for the California Department of Fish and Game Certificate of Fee Exemption. PASSED, APPROVED AND ADOPTED by the City ~ncil of the City of Seal Beach ~~reof held on the ,11:- day of , 1997, by the followmg vole: NOES: Councilmember I AYES: Councilmemb ABSENT: Councilillember STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS J, Joanne M. Yeo, City Clerk of Seal Beach, California, do ~ ~ that the foregoing resolution is the original copy of Resolution Number ~ on file in the office of the City Clerk,' passed, approved, and adopted by Ule , 1~II1Cil of the City of S ch, at a rc ular meeting thereof held on the - day of , 1997. 1 Resolution Number -I/Z~ '. I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I' am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly In the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of 'Orange, State of California, under the date of 2/24f75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space for for the County Clerk's Filing Stamp Proof of Publication of ............................ . ............................ . ,.. --- n. ., 1 ;;- .. ,. P.UBLIC NOTICE . .. NEGATIVE DECLARATI~N . The City of Seal Beach hereb) gives notl.cs that pursuanllO thE BUlhorllY and enlerlB conlalned I, '1he Calmla Envfronmenral OUahl\ ~ Act ('CEOA~)' and the CEO" GUIdelines of.lhe.Clty of Seal Beach ~ the DIrector of Developmenl Serv tlce! has analyzed the request fOI -ADOPTION OF. SAFETY ELEMEN1 "OF THE GENERAL PLAN propOBIC : to be IO<<;:llled al CITYWIDE, SEAL BEACH-..j; -:::. ,"; ~-Th. proposal ADOPTION OF 'SAFETY ELEMENT OF THE :GENERAt PLAN"TO COMPLY . WITH CURRENT PROVISIONS OF STATE" .LAW{"" DISCUSSES rlSSUES, GOALS. POLICIES; AND 'I M P L E MEN TAT ION IPROCEDURES: '. ~ \ :: F,_ ~. After revieWIng the Inlllal Study and any applicable mitigating measures t!?r Ihe proJect, the Director 01 liUevelopmenl: ,- Ser\/'Ices' has determined ,thallhui prolect, With mitigation rri8aiures, will not hav8 a Islgmflcant effect on the envlronrTMfnl ~ccordlngly, .I '. NEGATIVE ,DECLARATtoN,has bien prepBl'ed A public heRring'W111 be held by lhe ICITY COUNCIL to consider Ihll propoled-" ~~ r ,NEGATIVE -DEClARATION tin JULY 23, 1,,,. 81 7:30 P.M: 81 City Hall CounCil _ Chambers, 211 Elghl Slreel, S.al Beach, California 90740 ',', I " , ," Public Comments wi" be rece",ed by Ihe CIty prior to final apprOVal of .tho NEGATIVE DECLARATION end 'action' on Ihe prolect, thro,ugh .THU~SDAV. JULY 11/19117 , ' , A copy of all relevant malerlal, Including the proJecr spscltfceflOns, Inlllal Sludy, and Ihe NEGATIVE DECLARATION lion, Ille,m the ~offlces 01 (he Departmenl-,ol Development SeritC8l, ,ctly of Seal Beach; 211 Elghlh Slreet, S.al .BeRCh, California, 90740 - . ' . ;~'.Dale JUNE 28, 1ft7~~~'. ~:.~ .' :~, . . . ; by Le. Whlnenberg;'. '.\ ~.. J;': ~ plreclor 01 ~BV8lopmenl. S8~ce! ' : Pub. Seal Beach Sun 07/03197,' : f' . . I lA , all In the year 19 97 . I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach, California, day of ,19~. this '?" I PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555. (714) 759.7726 Jo \ ' ~ o Resolution N',llilier 1/.1"5'1 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CAUFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation. printed and published week Iv In the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24175. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 'If,\ all in the year 19.J!L. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this ~ \ day of ~ ~___, 19j!L. 4 !:dO' "'0.: l.Jl (1'"0 a..o Q Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street " Seal Beach, CA 90740 (310)430-7555 (714) 759-7726 o This space for for the County Clerk's Filing Stamp I Proof of Publication of , ........................................... . .................................................... .. NOTICE OF ' ::' PUBLIC HEARING'.' : I' . NOTICE IS HEREBY. GIVEN lh.i ::~ Ihe City CounCil of the City of 5e81':rf 8each will hold. public heBnng on: ;1... Monday, August 11th, 199781 730;';.1 P m. In Ihe City Council Chambers, .. 211 . 8th Street. Seal Beach. 10 con. ~;~ 8llterlhefollowlngltem. NEGATIVe I~' DECLARATION 97-2, SAFETY ELE-:,.= M6NT,REVISION 97-' The Safely~.J E1ement Revlslon Is propoldd 10 com-;', 'i' ply wllh c:;urrenl provisions of Stale t~.: law. discusses 1!I9UI'I, gOBl., po!lCl88, l , and 1mpIeJ1lenta1lon procedures The t .~or topiCS dl!!lcussed In the Safely . Element' are' Emergency Planning/Response, Hazerdous . Materl.I.... Geologic Hazarns, Fife . Hazards, rlood Hazards: Shoreline Protee"on, and Imp'ementBllon, , Negallve Oectaratlon 97-2 haS been prepared fof Safety Element R8Vl9Ion . 97 ~ 1 Govemment Code Secbon 65302(g) Cdy 01 Seal Beach -. , At IhS BbOve 11me end place aM mer- es,ed per5ot1s may be heard It so . . ~e'lr9d If you Chanenge the proposed ...., ectlOl'!S In court, you may be limited 1 ~ to re.lmng only those 1S9ue!1 your or . someone .'s. raised 8tlh. public ' ~earmg descnbed In thiS nonce, or In wntten comJspondence de<<'4ere 10 ..1, the CrIy or Seal Beach ai, or pnor to, the publIC hearing .: _ . ~ DAlEO lHtS 24nd da1 oI.h*f, 1997 "Joanne M, Veo, CIty Cferk. . . CllyofSoalIlee<:h'. . '. : , : PUblished In Ihe S,al Be8chrSun:' Jou~nal, 0713119~ ",.~"~:', . ...' .'.' I 1