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resolve:
RESOLUTION NO. RES-22-0009
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LONG BEACH APPROVING AND CERTIFYING
THE DOWNTOWN PLAN PROGRAM EIR LAND USE
EQUIVALENCY PROGRAM AND 7TH AND LOCUST
DEVELOPMENT DOWNTOWN PLAN EIR ADDENDUM (EIRA
06-20) AS AN ADDENDUM TO THE DOWNTOWN PLAN
PROGRAM ENVIRONMENTAL IMPACT REPORT (DPEIR)
(SCH#2009071006) IN ACCORDANCE WITH THE
PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND STATE AND LOCAL
GUIDELINES; AND MAKING CERTAIN CEQA FINDINGS AND
DETERMINATIONS RELATIVE THERETO; AND ADOPTING
FINDINGS AND DETERMINATIONS, AND APPROVING THE
PROJECT
The City Council of the City of Long Beach does hereby find, determine and Section 1. Starpoint Properties, LLC has proposed a project at 636 Locust Avenue located at the southeast corner of Seventh Street and Locust Avenue in the Downtown Plan (PD-30) Zoning District ("the Project"), consisting of the demolition of on site structures and construction of a new seven-story mixed use building containing 108 dwelling units, 1, 188 square. feet. of ground floor commercial uses , and an integrated four-level, 135 stall parking garage. Said Project description and Project location are more fully described in the Downtown Plan Program EIR Land Use Equivalency Program and 7th and Locust Development Downtown Plan EIR Addendum (EIRA-06-020) (Addendum); which Addendum is an addendum to the Program Environmental Impact 1 MJM:kjm 1/10/22 A21-05284 01348196.docx
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1 Report for the Downtown Plan (PD-30) (SCH#2009071006), as certified and approved by 2 the Long Beach City Council on January 10, 2010, copies of which EIR and EIR Project 3 Addendum are incorporated herein by this reference as though set forth in full, word for 4 word.
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Section 2. At the time the City Council approved and adopted the Long Beach Downtown Plan on January 10, 2012, the City Council made certain Findings and determinations in accordance with the provisions of the California Environmental Quality Act (CEQA), adopted a Statement of Overriding Considerations for each environmental impact identified in the PEIR as "significant and unavoidable," and adopted a Mitigation Monitoring and Reporting Program ("MMRP"). The content of said Findings, Statement of Overriding Considerations, and MMRP are hereby incorporated herein by this reference as though set forth herein word for word.
Section 3. The Downtown Plan Program EIR Land Use Equivalency Program and the 7th and Locust Development Downtown Plan EIR Addendum (EIRA 0620) to the Downtown Plan Environmental Impact Report (DPEIR) prepared in connection with the Project represents and discusses certain modifications to the approved Long Beach Downtown Plan and is considered an addition to the previous project environmental review documentation and approvals for the Downtown Plan.
A copy of the Land Use Equivalency Program analysis, and the Addendum EIRA-06-20, together with technical appendices and other supporting documentation, has been provided to the City Council for its review and consideration; and are hereby incorporated herein by this reference as though set forth in full, word for word.
Section 4. Pursuant to Section 15164 of the CEQA Guidelines, and based on the evidence and oral and written testimony presented at all previous public hearings, and based on all of the information contained in the files of the Development Services Department on the Project (incorporated herein by this reference), including the PEIR for the Long Beach Downtown Plan, and the Addendum to the PEIR for the Project, and including, but not limited to, the September 16, 2021, Planning Commission written and 2 MJM:kjm 1/10/22 A21-05284 01348196.docx
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oral staff reports, and the January 18, 2022, City Council written and oral staff reports, the City Council finds that:
A. The Downtown Plan Program EIR Land Use Equivalency Program and the 7th and Locust Project EIR Addendum (EIRA 06-20), as an Addendum to the Downtown Plan Environmental Impact Report (DPEIR)(PEIR) (Addendum), has been completed in compliance with CEQA.
B. The PEIR Addendum reflects the independent judgment and analysis of the City as lead agency with respect to the Project.
C. None of the conditions described in CEQA Guidelines Section 15162 which call for the preparation of a subsequent or supplemental EIR have occurred or exist.
D. The PEIR Addendum is appropriate since the Project would not result in any additional significant impacts; nor would it increase the severity of previously anticipated impacts. Rather, all the impacts associated with the Project are within the envelope of impacts addressed in the certified PEIR; and/or do not constitute a new or greater significant impact. Thus, a supplemental or subsequent EIR is not required pursuant to Public Resources Code Section 21166, or California Code of Regulations, Title 14, Sections 15162 or 15163, because none of the conditions described in Section 15162 calling for the preparation of a subsequent or supplemental EIR have occurred or 19 exist.
20 Section 5. The CEQA Findings made in this Resolution are based on the 21 information and evidence set forth in PEIR for the Long Beach Downtown Plan and the 22 EIR Addendum, and upon such other substantial evidence (both oral and written) which 23 has been presented in the record of the proceeding, including, but not limited to, that 24 information received by the City Council at the public hearing conducted on January 18, 25 2022, including the Staff Report presented to the City Council on that date and the 26 Response prepared by ESA on behalf of the City to the Supporters Alliance for 27 Environmental Responsibility (SAFER) Appeal submitted to the City on or about 28 September 27, 2021. The PEIR and the PEIR Addendum, staff reports, testimony, 3 MJM:kjm 1/10/22 A21-05284 01348196.docx
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17 technical studies, appendices, plans, specifications, figures, exhibits, ESA response prepared on City's behalf, and other materials that constitute the record of proceedings on which this Resolution is based are on file and available for public examination during normal business hours in the Department of Development Services, Planning Bureau, 411 West Ocean Boulevard, 3rd Floor, Long Beach, CA 90802. The custodian of said records is the Director of Development Services.
Section 6. Decision.
A. The City Council hereby approves and adopts the Downtown Plan Program EIR Land Use Equivalency Program and the 7th and Locust Development Downtown Plan EIR Addendum (EIRA 0620) as an Addendum to the Downtown Plan Environmental Impact Report (DPEIR) for the Project, which Addendum and all Appendices and Exhibits thereto, are incorporated herein by this reference as though set forth in full word for word.
Section 7. The City Council hereby approves and incorporates herein by this reference, each fact and finding as set forth in the City Council Staff Report dated January 18, 2022, relating to the Site Plan Review (SPR20-011) for the Project and hereby approves the Project as it is described herein and in the Staff Report and other 18 supporting materials dated January 18, 2022.
19 Section-8. The appeal filed by Supporters Alliance for Environmental 20 Responsibility (SAFER) on or about September 27, 2021, is hereby denied. 21 Section 9. This resolution shall take effect immediately upon its adoption 22 by the City Council, and the City Clerk shall certify the vote adopting this resolution. 23 II
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I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of January 18 , 2022, by the following vote:
Ayes: Councilmembers: Zendejas, Allen, Price,
Supernaw, Mungo, Saro,
Uranga, Austin, Richardson.
Noes: Councilmembers: None.
Absent: Council members: None.
Recusal(s) Councilmembers: None.
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