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28 RESOLUTION NO. RES-22-0143
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH ADOPTING, APPR OVING AND
CERTIFYING A SUBSEQUENT ENVIRONM ENTAL IMPACT
REPORT (SEIR-03-21) TO THE GENERAL PLAN LAND USE
ELEMENT AND URBAN DESIGN ELEMENT
RECI RCUL ATED PROGRAM ENVIRONMENTAL IMPACT
REPORT (RPEIR-SCH# 2015051054), IN ACCORDANCE
WITH THE PROVISIONS OF THE CALIFOR NIA
ENVIRONM ENTAL QUALITY ACT (CEQA), SECTION 15164
OF THE CEQA GUIDELI NES, AND MAKING CERTAIN
CEQA FINDINGS AND DETERMIN ATIONS RELATIVE
THERETO, INCLU DING A FINDING THAT THE ADOPTED
GENERAL PLAN LAND USE ELEMENT RECIRCUL ATED
PROGRAM ENVI RON MENTAL IMPACT REPORT (RP EIR)
MITIGATION MONITORING AND REPORTIN G PROGRAM
SHALL APPL Y TO ANY PROJECTS UNDE RTAKEN
PURSU ANT TO THE CLIM ATE ACTION AND ADAPTATION
PLAN (2205-02)(CAAP), AND THAT NO NEW OR
DIFFERENT MITIGATION MEASUR ES ARE REQUIRED;
AND APPR OVING AND ADOPTING THE CLIMATE ACTION
AND ADAPTATION PLAN FOR THE CITY OF LONG BEACH
WHEREAS, on December 3, 2019, the City Council certified that the General Plan Land Use Element and Urban Design Element Recirculated Program Environmental Impact Report (RP EIR 03-16), together with a Mitigation Monitoring and Reporting Program (MMRP ) and Statement of Overriding Considerations (State 1 MJM:kjm A22-00438 6/23/22 resolution 1.docx
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28 Clearinghouse No. 2015051054), had been completed in accordance with the provisions of the California Environmental Quality Act, and state and local guidelines, and made certain findings and determinations relative thereto, and further adopted and approved said Land Use and Urban Design Elements making them integral components of the City's General Plan, in accordance with State law State law; WHEREAS, on January 5, 2021, the City Council confirmed the proposed Climate Action and Adaptation Plan (2205-02) (CAAP) and directed City staff to prepare a Draft Subsequent Environmental Impact Report (EIR-03-21) to the General Plan Land Use Element and Urban Design Element Program Recirculated Environmental Impact Report (RP EIR) (R PEIR-SCH# 2015051054) for the purpose of evaluating and considering the proposed CAAP;
WHEREAS, the CAAP, which is in alignment with the statewide goals adopted by Senate Bill 32 (SB-32), is a mechanism to establish a set of iterative programs and policies that will allow the City will achieve objectives to meet a statewide greenhouse gas emission (GHG) targeUgoal of forty percent (40%) below 1990 levels by 2030, and generally minimize the City's contribution to global GHG emissions (Action); and further allow the City to adapt to the impacts of climate change, while maintaining quality of life, prosperity, and equity for all of its residents and citizens (Adaptation); WHEREAS, the CAAP sets an additional aspirational goal of reaching net zero emissions by 2045, thereby matchin_g the statewide 2045 carbon neutral goal established by Executive Order B-55-18 in 2018;
-wHEREAS, the CAAP is also a required mitigation measure of the recently adopted General Plan Land Use and Urban Design Element (L UE/UD) Environmental Impact Report (EIR) which committed the City to adopting a CAAP with specified GHG reduction targets. GHG emissions are associated with growth anticipated by the LUE from activities such as additional vehicle trips and electricity usage associated with future development. As a mitigation measure to address GHG emissions associated with the LUE, the City has committed to adoption of a CAAP within three years of LUE adoption, 2 MJM:kjm A22-00438 6/23/22 resolution 1.docx
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28 as well as subsequent monitoring of GHG emissions. Under the California Environmental Quality Act (CEQA), adoption of a "qualified" CAAP will also allow future development projects that comply with the LUE to streamline their GHG review for CEQA purposes. By allowing projects to take advantage of environmental streamlining, the City will also be facilitating housing production and economic development to address the City's housing shortage and homelessness crisis and lagging wages. For the CAAP to meet these obligations, it must detail a GHG reduction strategy that is reasonable, enforceable and meets the state's numerical targets;
WHEREAS, the Development Services Department prepared the CAAP Draft SEIR to evaluate the environmental impacts that may result from implementation of the proposed CAAP, as well as a proposed update to the General Plan Safety Element which builds from the CAAP and is designed to address recent State legislation requiring cities to include goals, policies, objectives, and feasible implementation measures in the Safety Element that place a greater emphasis on climate change impacts, including increased risks related to wildfires and flooding;
WHEREAS, the Subsequent EIR constitutes the environmental review of the proposed CAAP and Safety Element as planning documents, but as such, are not related to any particular physical improvements or proposed development project(s) at this time. Any development projects or physical improvements incorporating features of the proposed CAAP would be subject to project-specific CEQA review; WHEREAS, Section 15162 of the CEQA Guidelines provides direction as to the circumstances in which a subsequent EIR shall be prepared including when, . based on substantial evidence in light of the whole record, the lead agency determines that substantial changes are proposed in the project or program described and addressed in a prior EIR, or changes in the circumstances under which the project will be undertaken, that together would involve new significant environmental effects or more severe significant effects than previously identified, such that major revisions of the prior EIR are required;
3 MJM:kjm A22-00438 6/23/22 resolution 1.docx
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21 WHEREAS, the Project has been reviewed in accordance with the provisions of CEQA;
WHEREAS, a Notice of Preparation (NOP) of a Draft Subsequent Environmental Impact Report (DSEIR) was issued on August, 23, 2021, soliciting public input regarding the environmental analysis of the Project; and WHEREAS, the DSEIR was prepared and circulated for public comment for 45 days, from March 18, 2022, to May 2, 2022. A full and complete copy of said DSEIR, together with any attachments or appendices thereto, is incorporated herein by this reference as though set forth herein in full, word for word; WHEREAS the DSEIR describes the effects of the proposed CAAP on the environment at a detailed level, identifies applicable mitigation measures as t previously described in the PEIR which would reduce each significant impact to the greatest extent possible or feasible, and in most cases to a level that is less than significant; but in some cases not reducing it to a less than a significant level, in which case appropriate mitigation measures will be imposed;
WHEREAS, a Notice of Availability (NOA) of the DSEIR was prepared on March 15, 2022, and copies of the DSEIR were provided to the State Office of Planning and Research-State Clearinghouse (SCH) for distribution to State Responsible Agencies, and was also provided to or made available to other interested agencies, organizations and persons to solicit comment on the DSEIR during a 45-day comment period ending on May 2, 2022;
WHEREAS, the DSEIR was made available to the public at the office of the Department of Development Services, Planning Bureau, at 411 W. Ocean Boulevard, 3rd Floor, Long Beach, California; and made available on the Planning Department's public 25 website on March 15, 2022;
22 23
24 26 WHEREAS, in accordance with the CEQA Guidelines Section 15132, the 27 Final SEIR (FSEIR) document was prepared, which includes the full text of the DSEIR, 28 as revised by the City as lead agency in response to public comments, or to otherwise 4 MJM:kjm A22-00438 6/23/22 resolution 1.docx
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28 improve the draft, and said FSEIR was made available on the City's public website(s); WHEREAS, the Planning Commission of the City of Long Beach held a public hearing on May 19, 2022, and recommended to the City Council the approval and adoption of the Subsequent Environmental Impact Report (EIR -03-21) to the General Plan Land Use Element and Urban Design Element Program Environmental Impact Report (PEIR-SCH# 2015051054) (FSEIR).
WHEREAS, it satisfactorily appears from the record that proper notice of said public hearings were given in all respects, as required by law; WHEREAS, the City Council, as the decision-making body for the certification of the Final SEIR, held a public hearing on July 19, 2022, at which time verbal and written comments regarding the DSEIR and FSEIR were received and considered by the City Council;
WHEREAS, the Final SEIR did not include any additional significant new information or identify any new significant environmental impacts, a substantial increase in the severity of an environmental impact, or any other factors under CEQA Guidelines 15088.5 that would require recirculation of the SEIR.
follows:
correct.
NOW, THEREFORE, the City Council of the City of Long Beach resolves as Section 1. The City Council certifies that the above recitals are true and Section 2. The City Council of the City of Long Beach (City Council) certifies that the Final Subsequent Environmental Impact Report (EIR-03-21) to the General Plan Land Use Element and Urban Design Element Program Environmental Impact Report (PEIR-SCH# 2015051054) (FSEIR) has been completed in compliance with CEQA.
Section 3. The City Council certifies that it has been presented with all of the information described in the above recitals and has reviewed and considered this information and the Final Subsequent EIR prior to adopting this Resolution and 5 MJM:kjm A22-00438 6/23/22 resolution 1.docx
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25 considering this approval.
Section 4. The City Council certifies that the Final Subsequent EIR reflects the City Council's independent judgment and analysis and has been completed in compliance with CEQA; notice of the City's hearings on the Draft Subsequent EIR and Final Subsequent EIR have been given as required by law and the actions were conducted pursuant to the State Planning and Zoning Law, CEQA, the State CEQA Guidelines and the City's CEQA Guidelines.
Section 5. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the Draft and Final Subsequent EIR(s), which met or exceeded the requirements of State Planning and Zoning Law and CEQA, and all comments submitted during the public review and comment period on the Draft Subsequent EIR were responded to adequately in the Final Subsequent EIR. No new comments or information has been submitted during the hearing on the Final Subsequent EIR that would substantially change the analysis or conclusions of the Final Subsequent EIR.
Section 6. The City Council hereby finds that the adopted General Plan and Land Use Element Program Environmental Impact Report Mitigation Monitoring and Reporting Program shall apply to any projects undertaken pursuant to the CAAP that require project specific CEQA review; and that no new or different mitigation or monitoring measures are required.
Section 7. The City's Climate Action and Adaptation Plan (2205-02) (CAAP) is hereby approved and adopted, together with the "Findings" contained in Attachments "B" and "E", attached to the City Council Staff Report dated July 19, 2022.
Section 8. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. 26 II
27 II
28 6
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1 I hereby certify that the foregoing resolution was adopted by the City 2 Council of the City of Long Beach at its meeting of August 16 , 20.n__, by the 3 following vote:
4 5 Ayes: Councilmembers: Allen, Price, Supernaw, Mungo 6 Saro, Uranga, Austin, Richardson.
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9 Noes: Councilmembers: None.
10 11 Absent: Councilmembers: Zendejas.
12 13 Recusal(s): Councilmembers: None.
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MJM:kjm A22-00438 6/23/22 resolution 1.docx