HomeMy WebLinkAbout2012-11-06; City Council; Resolution 2012-2451
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RESOLUTION NO. 2012-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING A PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF
CARLSBAD SEWER MASTER PLAN UPDATE AND THE
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) WATER
AND RECYCLED WATER MASTER PLAN UPDATES AND
ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE
MITIGATION MONITORING AND REPORTING PROGRAM.
CASE NAME: SEWER, WATER AND RECYCLED WATER
MASTER PLANS UPDATE PROGRAM EIR
CASE NO.: EIR 12-01
WHEREAS, on December 9, 2008 the City Council of the City of Carlsbad, California
determined it necessary and in the public interest to enter into an agreement with Dudek to update
the Carlsbad Sewer Master Plan (Project No. 5511); and
WHEREAS, on July 7, 2009 the Carlsbad Municipal Water District (CMWD) determined
it necessary and in the public interest to enter into an agreement with PBS&J (now called Atkins) to
update the Carlsbad Water Master Plan (Project No. 5016); and
WHEREAS, on July 7, 2009 the CMWD determined it necessary and in the public
interest to enter into an agreement with Carollo Engineers. Inc. to update the Carlsbad Recycled
Water Master Plan (Project No. 5022); and
WHEREAS, the updates to the Sewer. Water, and Recycled Water Master Plans were
completed by Dudek, Atkins, and Carollo Engineers, Inc., respectively, in accordance with the
tasks outlined in their respective Professional Services Agreement with the City; and
WHEREAS, the City of Carlsbad's 2012 Sewer Master Plan, and the CMWD's 2012
Water Master Plan and 2012 Recycled Water Master Plan, incorporated herein by reference,
represent a comprehensive program for the phased and orderly development of improvements to
accommodate the future sewer service, and water and recycled water needs of the City; and
WHEREAS, the City of Carlsbad 2012 Sewer Master Plan, and the CMWD 2012 Water
Master Plan and 2012 Recycled Water Master Plan identify individual capital improvement projects
to construct new facilities, and modify or expand existing facilities that would be needed to
accommodate the demand from future development in the City; and ^
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WHEREAS, the changes in the proposed Sewer Capacity fee is not subject to review
pursuant to Section 15273(4) of the California Environmental Quality Act (CEQA) and thus are not
analyzed in EIR 12-01; and
WHEREAS, a Draft Program Environmental Impact Report was prepared and submitted
to the State Clearinghouse and a Notice of Completion was filed, published, and mailed to
responsible agencies and interested parties providing a 45-day review period, that subsequently
was extended for nine days, and all comments received from that review period are contained in
the Final Program EIR 12-01 as well as the responses to comments; and
WHEREAS, the City Council did on the 6th day of November 2012 hold a
duly noticed hearing as prescribed by law to consider the Final Program EIR (EIR 12-01) for the
City of Carlsbad Sewer Master Plan and the CMWD Water and 2012 Recycled Water Master Plan
Updates; and
WHEREAS, at said public hearing, upon hearing and considering ail testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to Final Program EIR 12-01, the Candidate Findings of Fact, and the Mitigation Monitoring
and Reporting Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, as follows:
1. That the foregoing recitations are true and correct.
2. That the Program Environmental Impact Report (EIR 12-01) dated October 2012,
prepared for the above-referenced project, on file with the City Clerk, and incorporated herein by
reference, is CERTIFIED and that the Candidate Findings of Fact ("CEQA Findings" or "Findings")
attached hereto marked as Exhibit "ElR-A" and the Mitigation Monitoring and Reporting Program
("MMRP") attached hereto marked as Exhibit "ElR-B" and incorporated herein by reference are
ADOPTED based on the following findings and subject to the following condition:
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Findings:
1. The City Council of the City of Carlsbad does hereby find that the Final Program
EIR 12-01, the CEQA Findings, and the MMRP have been prepared in accordance with
requirements of the California Environmental Quality Act, the State EIR Guidelines and the
Environmental Review Procedures of the City of Carlsbad.
2. The City Council does hereby find that it has reviewed, analyzed and considered
the Final Program EIR 12-01, the environmental impacts therein identified for this project, the
CEQA Findings, and the MMRP prior to approving the project.
3. The City Council does hereby find that the Final Program EIR 12-01 reflects the
independent judgment of the City Council.
4. The City Council does accept as its own. incorporate as if set forth in full herein,
and make each and every one of the findings contained in the CEQA Findings (Exhibit "EIR-A").
including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA
Guidelines 15091. and infeasibility of project alternatives.
5. The City Council does hereby find that the Mitigation Monitoring and Reporting
Program (Exhibit "EIR-B") is designed to ensure that during project implementation the Developer
and any other responsible parties implement the project components and comply with the feasible
mitigation measures identified in the CEQA Findings and the MMRP.
6. The Record of Proceedings for this project consists of the Final Program EIR
(EIR 12-01), CEQA Findings, and MMRP; all reports, applications, memoranda, maps, letters and
other documents prepared by the environmental consultant and the City of Carlsbad which are
before the decision-makers; all documents submitted by members of the public and public
agencies in connection with the Final Program EIR; minutes of all public hearings; and matters of
common knowledge to the City of Carlsbad which they may consider, including but not limited to,
the Carlsbad General Plan, Carlsbad Zoning Regulations, Habitat Management Plan. Local
Facilities Management Plans, the 2012 Sewer Master Plan Update, the 2012 Water Master Plan
Update, and the 2012 Recycled Water Master Plan Update, and the Fiscal Year 2012-2013
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Carlsbad Capital Improvement Program. The full administrative record may be found at 1200
Carlsbad Village Drive in the custody of the City Clerk and at 1635 Faraday Avenue in the custody
of the City Planner.
Condition:
1. The City of Carlsbad and/or CMWD shall implement, or cause the
implementation of the mitigation measures described in Exhibit "EIR-B", the Mitigation. Monitoring,
and Reporting Program for the City of Carlsbad Sewer Master Plan and CMWD Water and
Recycled Water Master Plans Update Program EIR (EIR 12-01).
"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 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
proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
Carlsbad. CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held on
the 6th day of November, 2012, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackbum, Douglas and Packard
NOES: None
ABSENT: None
MATT HALL, Mayor
ATTEST:
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