HomeMy WebLinkAbout2011-12-06; City Council; Resolution 2011-2761 RESOLUTION NO. 2011-276
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE MITIGATED
3 NEGATIVE DECLARATION (MND) AND MITIGATION
MONITORING AND REPORTING PROGRAM (MMRP) FOR THE
4 CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND
ASSOCIATED PIPING ON THE ENCINA POWER STATION
5 (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED
NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND
6 WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD
COASTAL REDEVELOPMENT AREA AND IN LOCAL
7 FACILITIES MANAGEMENT ZONES 3 AND 22.
CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
8 FORCE MAIN, AND GRAVITY SEWER
REPLACEMENT PROJECT
9 CASE NO.: POP 00-02(C)/ SP-144(L)/HDP 10-05/HMP 10-03
10 The City Council of the City of Carlsbad, California, does hereby resolve as
11 follows:
12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
13 Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law
14 to consider a MND and MMRP, and adopted Planning Commission Resolution No. 6753,
15 recommending adoption of the MND and MMRP; and
1" WHEREAS, the City Council and Housing and Redevelopment Commission held
1' a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of
18 the MND and MMRP; and
1 Q WHEREAS, the Planning Director requested a continuance of the project to give
70 staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr.
21 Ronald W. Rouse, special counsel to NRG Energy, Inc.; and
22 WHEREAS, after staff's presentation and public testimony, the City Council and
23 Housing and Redevelopment Commission kept the public hearing open to allow new information
24 and testimony to be received since the March 8, 2011 meeting and continued the matter for
25 deliberations to its joint special meeting of Tuesday, April 26, 2011; and
o/r
WHEREAS, staff completed and mailed the response letter, dated April 12, 2011,
27 to Mr. Ronald W. Rouse; and
28
1 1. That the above recitations are true and correct.
2 2. That the recommendation of the Planning Commission for the adoption of
the MND and MMRP are adopted and that the findings of the Planning
3 Commission contained in Planning Commission Resolution No. 6816, on
file with the City Clerk and incorporated herein by reference, are the
findings of the City Council.
5 "NOTICE TO INTERESTED PARTIES"
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 1.1.6. Any petition or
„ other paper seeking review must be filed in the appropriate court not later than
the ninetieth 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 is filed with a 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
12 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, CA. 92008.
PASSED, APPROVED AND ADOPTED at a joint special meeting of the City
14 Council and Housing and Redevelopment Commission of the City of Carlsbad on the 6th
day of December 2011, by the following vote, to wit:
16 AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
17
NOES: None.
18
ABSENT: None.
19
20 -„.-.„-.MATT Hf QTlvTayor
21
22 ATTEST:
23
LORRAINE M.
24 (SEAL)
25
26
27
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