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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LONG BEACH APPROVING AND CERTIFYING AN
ADDENDUM (EIRA -02-22) TO THE PROGRAM
ENVIRONMENTAL IMPACT REPORT (PEIR) FOR THE CITY
OF LONG BEACH DOWNTOWN PLAN (PEIR -SCH#
2009071006) RELATING TO THE DEVELOPMENT PROJECT
AT 450 THE PROMENADE NORTH/501 -599 LONG BEACH
BLVD IN THE DOWNTOWN PLAN PLANNED
DEVELOPMENT DISTRICT (PD -30) AREA AND PURSUANT
TO THE APPROVED DOWNTOWN PLAN PROGRAM EIR
LAND USE EQUIVALENCY PROGRAM, IN ACCORD ANCE
WITH THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15164
OF THE CEQA GUIDELINES AND MAKING CERTAIN CEQA
FINDINGS AND DETERMINATIONS RELATIVE THERETO,
INCLUDING FINDING THAT THE ADOPTED DOWNTOWN
PLAN MITIGATION MONITORING AN D REPORTING
PROGRAM MITIGATES, TO THE EXTENT FEASIBLE,
IMPACTS ASSOCIATED WITH EQUIVALENCY PROGRAM
PROJECTS, IN ACCORDANCE WITH THOSE MEASURES
SET FORTH IN THE DOWNTOWN PLAN; AND THAT NO NEW
OR DIFFERENT MITIGATION MEASURES ARE REQUIRED
The City Council of the City of Long Beach does hereby find, determine and resolve:
Section 1. Oren Hillel for Waterford Property Co. has proposed a project at RES-23-0058
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
450 The Promenade North/501-599 Long Beach Blvd. (“the Project”). The Project consists of a 900 -unit development including 5 4 affordable housing units located on an approximately 5.5-acre site within the Downtown Plan area. The project site is bounded by 6th Street on the north, Long Beach Boulevard on the east, 4th Street on the south, and The Promenade North and a City of Long Beach parking structure on the west. The Project would include the construction of three (3) eight-story apartment buildings with a total of 900 dwelling units, including 102 studio units, 476 one -bedroom units, and 313 two -bedroom units, and nine three-bedroom units. Said Project description and Project location are more fully described in the Program Environmental Impact Report (PEIR-SCH#2009071006) and Addendum thereto (EIRA -02-22); which Addendum is an addendum to the Program Environmental Impact Repo rt for the Downtown Plan (PD -30) (SCH#2009071006), as certified and approved by the Long Beach City Council on January 10, 2012, and pursuant to the Downtown Plan Program EIR Land Use Equivalency Program (“Equivalency Program”) adopted by the City Council on January 18, 2022, copies of which PEIR, Equivalency Program and EIR Project Addendum are incorporated herein by this reference as though set forth in full, word for word.
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 t he 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. At the time the City Council approved and adopted the Downtown Plan Program EIR Land Use Equivalency Program (“Equivalency Program”) on January 18, 2022, the City Council made certain Findings and determinations in accordance with CEQA. No successful legal challenge was filed at that time, or anytime thereafter, in 3 EWM:ag A23-00429 (04-11-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
relation to the Equivalency Program. The content of said Findings and determinations with respect to the Equivalency Program are hereby incorporated herein by this referen ce as though set forth herein word for word.
Section 4. The 450 The Promenade North Development Downtown Plan EIR Addendum (EIRA 02-22) to the Downtown Plan Environmental Impact Report prepared in connection with the Project represents and discusses certain modifica tions 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. The modifications to the approved Long Beach Downtown Plan described in Addendum EI RA- 02-22 do not require major substantive revisions to the Downtown Plan Environmental Impact Report. A copy of Addendum EIRA-02-22, together with technical appendices and other supporting documentation, has been provided to the City Council for its revi ew and consideration; and are hereby incorporated herein by this reference as though set forth in full, word for word.
Section 5. Pursuant to Section 15164 of the CEQA Guidelines, and based on the evidence and oral and written testimony presented at all previous publ ic 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 as though set forth herein in full word for word), including the PEIR for the Long Beach Do wntown Plan, the Equivalency Program Addendum, and the Addendum to the PEIR for the Project, and including, but not limited to, the January 19, 2023, Planning Commission written and oral staff reports, and the April 18, 2023, City Council written and oral staff reports, the City Council finds that:
A. The 450 The Promenade North EIR Addendum (EIRA 02 -22), as an Addendum to the Downtown Plan Environmental Impact Report (PEIR) (Addendum), has been completed in compliance with CEQA.
B. The PEIR Addendum reflects the independent judgment and analysis of the City and City Council as lead agency with respect to the 4 EWM:ag A23-00429 (04-11-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Project.
C. None of the conditions described in CEQA Guidelines Section 15162 which call for the preparation of a subsequent or supplement al 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 Cod e of Regulations, Title 14, Sections 15162 or 15163, because none of the conditions described in Section 15162, or in the associated CEQA Guidelines, calling for the preparation of a subsequent or supplemental EIR have occurred or exist.
Section 6. The CEQA Findings made in this Resolution are based on the information and evidence set forth in PEIR for the Long Beach Downtown Plan, the Equivalency Program Addendum, and the EIR Addendum, and upon such other substantial evidence (both oral and written) which has been presented in the record of the proceeding, including, but not limited to, that information received by the City Council at the public hearing conducted on April 18, 2023, including the Staff Report presented to the City Council on that date and the Response prepared by ESA on behalf of the City to the Coalition for Responsible Equitable Economic Development (CREED) Appeal submitted to the City on or about January 27, 2023. The PEIR and the PEIR Addenda, staff reports, testimony, technical studies, appendices, plans, specifications, figures, exhibits, ESA response prepared on the 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 h ours in the Department of Development Services, Planning Bureau, 411 West Ocean Boulevard, 3rd Floor, Long Beach, CA 90802. The 5 EWM:ag A23-00429 (04-11-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
custodian of said records is the Director of Development Services.
Section 7. Decision.
A. The City Council hereby approves and adopts the 450 The Promenade North Development Downtown Plan EIR Addendum (EIRA 02 - 22) as an Addendum to the Downtown Plan Environmental Impact Report 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; and further adopts the Mitigation Monitoring and Reporting Program for the Project and makes each and every mitigation measure contained therein and in the Conditions of Approval (Attachment G to the Staff Report) a c ondition of Project approval.
Section 8. 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 April 18, 2023, relating to the Site Plan Review (SPR22 -060) and Vesting Tentative Parcel Map No. 83693 (TPM22 -002) for the Project; hereby approves the Project as it is described herein and in the Staff Report, and other supporting materials dated April 18, 2023; and approves the Conditions of Approval.
Section 9. The appeal fil ed by Coalition for Responsible Equitable Economic Development on or about January 27, 2023, is hereby denied in its entirety.
Section 10. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ///
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28 I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of April 18 , 2023, by the following vote:
Ayes:
Noes:
Absent:
Recusal(s)
EVVM:ag A23-00429 (04-11-2023)
01510509.DOCX
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
6 Zendejas, Duggan, Supernaw, Kerr,
Saro, Uranga, Austin, Ricks-Oddie.
None.
Allen.
None.