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HomeMy WebLinkAbout2003-06-17; City Council; Resolution 2003-1571 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE NORTH COUNTY MULTIPLE HABITAT CONSERVATION PLAN (MHCP) TO ADDRESS AMENDMENTS TO THE CARLSBAD HABITAT MANAGEMENT PLAN AND ASSOCIATED DOCUMENTS. CASE NAME: CARLSBAD HABITAT MANAGEMENT PLAN WHEREAS, on September 21, 1999, the City Council of the City of Carlsbad, California adopted a Mitigated Negative Declaration for the 1999 draft Habitat Management Plan; and WHEREAS on June 7, 2000, the Planning Commission certified a Final Environmental Impact Report (EIR 97-01) for the Carlsbad Municipal Golf Course and on January 22, 2003, the Planning Commission approved an Addendum to EIR 97-01 to address revisions to the Golf Course design required by the California Coastal Commission; and WHEREAS, on February 4, 2003, the City Council adopted a Negative Declaration for a Local Coastal Program Amendment (LCPA 02-10) and the corresponding Second Addendum to the Habitat Management Plan (HMP Addendum #2); and WHEREAS, on March 28, 2003, the SANDAG Board of Directors certified a Final Environmental Impact Report for the North County Multiple Habitat Conservation Plan (MHCP) addressing the environmental impacts of the Carlsbad HMP, which was included as a “subarea plan” in the MHCP, including impacts to housing needs ; and WHEREAS, certain amendments to the LCPA 02-10 and the HMP Addendum #2 are now proposed in order to comply with modifications required by the California Coastal Commission; and WHEREAS, the Implementing Agreentent for final approval of the HMP has been revised for administration of the HMP as amended with the required modifications; and WHEREAS, the Planning Director has reviewed the modifications being required by the Coastal Commission and has prepared an Addendum to the Final Environmental Impact Report for the MHCP, since there is substantial evidence in light of the whole record that the 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 modifications will not involve new significant environmental effects or a substantial increase in the severity of previously identified effects; and WHEREAS, on the 17th day of June, 2003, the City Council reviewed the Addendum to the EIR and found it to adequately address the modifications. NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That all previous environmental documents prepared for the Carlsbad Habitat Management Plan as stated in the recitals are hereby incorporated by reference. 3. That the Addendum to the Final Environmental Impact Report for the North County Multiple Habitat Conservation Plan as contained in Attachment "D" is hereby approved, based on the following findings: Findinas: 1 The Addendum has been prepared in accordance with the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad and reflects the independent judgment of the City Council. 2. The Final Environmental Impact Report for the North County MHCP adequately addressed all known environmental effects associated with the HMP. 3. Approval of an Addendum to the MHCP Final EIR is appropriate and in conformance with CEQA in this case because some changes or additions to the HMP are necessary, but none of the conditions described in Section 15162 of CEQA calling for preparation of a subsequent EIR have occurred, in that: A. There are no significant new environmental effects and no substantial increase in the severity of a previously identified significant effect. The amendment to the HMP would result in greater protection of coastal habitat resources and would reduce the severity of previously identified impacts. The revisions to the Implementation Agreement would administer the HMP as amended. B. There has been no substantial change with respect to the circumstances under which the project is being undertaken involving new significant environmental effects. or a substantial increase in the severity of previously identified significant effects. C. There is no new information of substantial importance that was not known at the time of preparation and could not have exercise of reasonable diligence showing one or more significant effects not considered in the MHCP EIR, or that significant effects examined in the document will be substantially more severe at the time of preparation of the Final EIR for the MHCP. Resolution No. 2003-157 -2- 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. The mitigation measures are not considerably different from those analyzed in the MHCP EIR and there are no mitigation measures previously found not to be feasible that are now found to be feasible which would substantially reduce one or more significant effects of the project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 17th day of June, 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None fl ATTEST: (SEAL) Resolution No. 2003-157 -3- Attachment “D” ADDENDUM TO MHCP FINAL EIR On March 28, 2003, the SANDAG Board of Directors certified a Final Environmental Impact Report for the North County Multiple Habitat Conservation Plan (MHCP). The Carlsbad Habitat Management Plan (HMP) was included in the MHCP as a “subarea” plan and the environmental impacts and mitigating measures associated with the HMP as a subarea plan were addressed in the EIR. Previous environmental documents prepared and certified for the HMP include a Mitigated Negative Declaration for the 1999 Draft HMP, a Negative Declaration for Addendum #2 to the HMP and an EIR and subsequent Addendum for the Carlsbad Municipal Golf Course which is a key component in the hardline preserve boundaries of the HMP and habitat mitigation in the MHCP “Core” gnatcatcher area southeast of the City of Carlsbad. Because the MHCP Final EIR was the most recently approved environmental document relating to the HMP, this Addendum to the MHCP EIR has been prepared. On June 12, 2003, the California Coastal Commission approved the City’s request for a Local Coastal Program Amendment to incorporate habitat conservation standards from the HMP to properties located in the city’s coastal zone. These standards were included in a second addendum to the HMP (HMP Addendum #2). The Coastal Commission’s approval was conditioned on several modifications. HMP Addendum #2 has been amended to include the Coastal Commission’s modifications and is the primary purpose for this EIR Addendum. In addition, the city has updated the 1999 Implementing Agreement (IA) with technical language revisions. The Coastal Commission modifications include adding new wording to clarify applicable conservation standards and to recognize that a number of properties have changed from standards areas to having hardline preserve boundaries mapped on the properties which occurred during the time the HMP was being reviewed by the Commission. As such, none of the modifications will create new environmental effects or reduce any of the mitigation measures from what was addressed as part of the MHCP Final EIR. No changes in circumstances have occurred since the EIR was certified. The new hardline-mapped properties comply with the original standards of the HMP or additional conservation standards as required by Coastal Commission modifications.