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HomeMy WebLinkAboutAGENDA REPORT 2003 1001 CC REG ITEM 09BMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM q b. FROM: Barry K. Hogan, Community Development Directo Prepared By: David A. Bobardt, Planning Man DATE: September 24, 2003 (CC Meeting of 10/1/2003) SUBJECT: Consider the Public Review Opportunities for the North Park Specific Plan Project and Environmental Impact Report BACKGROUND This report is provided in response to a request by City Council on September 17, 2003, for information on public review opportunities for the North Park Specific Plan project and Environmental Impact Report (EIR). DISCUSSION Environmental Impact Report Process The California Environmental Quality Act (CEQA) Guidelines and the City's Procedures for the Implementation of the California Environmental Quality Act (Procedures) provide direction on the public review process for both Draft EIRs and Final EIRs. The CEQA Guidelines are adopted by the California State Secretary for Resources, and the City's CEQA Procedures are adopted by Resolution of City Council. Draft EIR - The CEQA Guidelines acceptance of written comments provide guidance as follows: "The public review period less than 30 days nor longer circumstances'." (Section 15105) do not mandate a time period for on a Draft EIR, but rather for a draft EIR should not be than 60 days except in unusual 000077 Honorable City Council October 1, 2003 Page 2 A minimum of forty -five (45) days to accept written public comments on a Draft EIR; however, is mandated for a project which requires State agency review. In the case of the North Park Specific Plan EIR, written comments were accepted from July 11, 2003 to September 24, 2003, a seventy -five (75) day review period, fifteen (15) days beyond the maximum suggested by the CEQA Guidelines. The City's CEQA Procedures also require the Planning Commission to hold a public hearing on the Draft EIR. Specific Language is as follows: "A public hearing shall be conducted on the draft EIR by the Planning Commission either in a separate proceeding or in conjunction with the other proceedings of the Planning Commission." A public hearing on a Draft EIR is not, however, required by State law. Nonetheless, it is fairly typical for public agencies throughout California to go above and beyond State requirements by affording the public the opportunity to present their comments on a Draft EIR orally as well as provide additional oral support to comments submitted in writing. Debate on the Draft EIR by the hearing body generally does not take place, since the document is just a draft. The Draft EIR then is revised in response to written comments received during the review period, as well as oral comments given during the public hearing, to become the Final EIR that will be used by the decision makers when considering the project. This is the process followed for the North Park Specific Plan project. A public hearing to accept oral comments was opened by the Planning Commission on August 19, 2003, and concluded on September 16, 2003. A total of twenty -eight speakers provided comments on the Draft EIR. After closing the public hearing, the Planning Commission referred the comments to staff for the preparation of responses. It should be noted that additional public hearings will be held on the North Park Final EIR by the Planning Commission once the Final EIR has been completed so that the Commission and the public can review the whole record and determine if the Final EIR adequately addresses the environmental impacts. 1 i 1 Honorable City Council October 1, 2003 Page 2 Final EIR - The Final EIR must, by CEQA Guidelines and the City's CEQA Procedures, include and respond appropriately to all public comments submitted during the comment period. This includes any and all additional written comments received through the close of the public comment period on September 24, 2003, at 5:00 p.m., along with oral comments made at the Planning Commission hearing. The CEQA Guidelines and City's CEQA Procedures require that public agencies that have commented receive a written response to their comments at least ten (10) days before certification of the Final EIR. The CEQA Guidelines also allow for local agencies to provide for public review of the Final EIR, focusing on the responses to the comments received during the public comment period for the Draft EIR. The Final EIR for the North Park Specific Plan will include all comments, responses, and appropriate revisions to the Draft EIR. It is currently being prepared and will be presented to the Planning Commission for their consideration as part of the public hearing on the project prior to their recommendation on the project to City Council. Staff does not yet have a time estimate on when the Final EIR will be completed and when the hearings will take place, however, it will be publicly noticed to all commentators once complete. The Final EIR will also be placed on the City's website and copies will be made available for review at City Hall and at the Moorpark Library. As part of its review of the Final EIR, the Planning Commission could: 1) determine that it is adequate and recommend its certification; 2) recommend specific changes to the document needed for it to be certified as adequately assessing the project impacts or; 3) determine that it is inadequate and refer it back to staff for revisions, updates, or corrections. Depending upon the extent of the revisions, corrections or updates needed, the Final EIR may need to be recirculated to allow for additional public comment. The initial decision on recirculation would be made by the Community Development Director, although the Planning Commission or City Council could provide direction on the recirculation of the EIR. Ultimately, it is expected that the Planning Commission hearings would culminate in a recommendation to the City Council on the project and on adequacy of the Final EIR. It should be noted that neither State law nor the City's CEQA Procedures require a recommendation by the Planning Commission on the adequacy of the 0000'79 Honorable City Council October 1, 2003 Page 2 Final EIR. This extra step is included in the review of the North Park project due to its significance on the future growth of the City. The decision on the certification of the Final EIR will be made by the City Council also at a public hearing. Project Review Process On October 7, 2003, the Planning Commission will hold its first public hearing to begin the review process for the project. This will be a noticed public hearing with an 1 /8th page ad printed in the Ventura County Star, two 4' by 8' notices posted near the site and notice mailed to both adjacent property owners within 1,000 feet of the boundaries of the subject property and commentators on the Draft EIR. The project components to be considered by the Planning Commission include a General Plan Amendment (including CURB amendment) , Zone Change (Pre- zoning) , Specific Plan, and the Final EIR. It will be Staff's recommendation that the Commission discuss and review the aspects of the project, holding any discussion of the environmental record until the Final EIR has been prepared. We would anticipate discussion and approval of a Planning Commission review schedule at the October 7, 2003 meeting, and continuation of the public hearing to subsequent Commission meetings until the Planning Commission has comprehensively reviewed the project, including the Final EIR, once it becomes available. Once the Commission has made its recommendation, the City Council will hold public hearings on the project and the Final EIR. At some point in that process, if it appears that the Council is likely to approve the project (actual approval will come from a vote of the public), the Council will direct staff to advertise public hearings at the Planning Commission and City Council for consideration of a pre- annexation Development Agreement. Once the Development Agreement public hearing has been set for the City Council, it will be joined by the public hearing on the project. Council would then take action on all items at the same City Council meeting, including a decision on whether or not (and how) to send the project to the voters. STAFF RECODMENDATION Direct staff as deemed appropriate. i 1 i