HomeMy WebLinkAbout2009-09-15; City Council; Resolution 2009-2331
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-------Ill -----------.. --·. ---.. ----.1 ... ----------·--
RESOLUTION NO. 2009-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN ADDENDUM TO
ENVIRONMENTAL IMPACT REPORT 03-05 AND AN
AMENDMENT TO HABITAT MANAGEMENT PLAN PERMIT
HMP 05-08 FOR THE CONSTRUCTION OF THE CARLSBAD
SEAWATER DESALINATION PLANT AND APPURTENANT
FACILITIES, INCLUDING DESALI NATED WATER
CONVEYANCE PIPELINES, WHICH ARE LOCATED
GENERALLY ON THE ENCINA POWER STATION, 4600
CARLSBAD BOULEVARD, AND ON PROPERTIES AND
STREETS IN THE CITIES OF CARLSBAD, OCEANSIDE, SAN
MARCOS, AND VISTA AND (IN THE CITY OF CARLSBAD)
LOCAL FACILITIES MANAGEMENT ZONES 1, 3, 5,6, 8, 13, 16,
17, AND 18.
CASE NAME: DESALINATION PROJECT CHANGES
CASE NO.: EIR 03-05(A)/HMP 05-0B(A)
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EXHIBIT 4
The City Council of the City of Carlsbad, California does hereby resolve as follows:
WHEREAS, on June 13, 2006, the City Council of the City of Carlsbad certified
Environmental Impact Report (EIR) 03-05, as modified by the additional responses to
comments; adopted the Candidate Findings of Fact, as modified by the addition of Section 5.5;
Statement of Overriding Considerations; and the Mitigation Monitoring and Reporting Program
(collectively "certified EIR 03-05") for the Precise Development Plan and Desalination Plant
project; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on August 19, 2009, hold a duly noticed public hearing as prescribed by law to
consider a proposed addendum to EIR 03-05 (identified as EIR 03-0S(A)) and a proposed
amendment to HMP 05-08 and adopted Planning Commission Resolutions 6631 and 6636,
recommending approval of EIR 03-0S(A) and HMP 05-0B(A) respectively; and
WHEREAS, the City Council of the City of Carlsbad, on the _15;._;t;._h ___ day of
September , 2009, held a duly noticed public hearing to consider the recommendation and
heard all persons interested in or opposed to EIR 03-05(A) and HMP 05-08(A); and
WHEREAS, EIR 03-05(A) was presented to the City Council and the City Council
reviewed and considered it along with the information contained in certified EIR 03-05 prior to
approving the Desalination Project Changes project; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining EIR 03-0S(A), analyzing the information submitted by City staff, and
considering any written and oral comments received, the City Council considered all factors
relating to the Addendum.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1 . That the above recitations are true and correct.
2. That EIR 03-0S(A) for the Desalination Project Changes project is approved and
that the findings of the Planning Commission contained in Planning Commission Resolution
Number 6631, on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
3. That the recommendation of the Planning Commission for the approval of Habitat
Management Plan Permit HMP 05-08(A) is approved and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolution No. 6636 on file with the
City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
4. This action is final the date this resolution is adopted by the Housing and
Redevelopment Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code,
"Time Limits for Judicial Review" shall apply:
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008."
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'I
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on
the 15th day of September, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST: