HomeMy WebLinkAbout2013-06-11; City Council; Resolution 2013-13622
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The City Council of the City of Carlsbad, California, does hereby resolve as
EXHIBIT 1
1 RESOLUTION NO. 2013-136
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING A SUPPLEMENTAL
3 PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE
BUENA VISTA CREEK CHANNEL MAINTENANCE PROJECT
4 AND ADOPTING THE CANDIDATE FINDINGS OF FACT AND
THE MITIGATION MONITORING AND REPORTING PROGRAM.
5 CASE NAME: BUENA VISTA CREEK MAINTENANCE
CASE NO.: EIR 02-03(A)
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7 follows:
8 WHEREAS, on August 5, 2003 the City Council of the City of Carlsbad certified a
9 Program Environmental Impact Report and adopted candidate Findings of Fact and a Mitigation
10 Monitoring and Reporting Program for the Buena Vista Creek Maintenance Project (EIR 02-03)
11 to implement an on-going maintenance program to reduce flooding of the Buena Vista Channel
12 Benefit Assessment District (District") properties; and
13 WHEREAS, the Streambed Alteration Agreement (SAA) (#1600-2004-0006-R5)
14 issued by California Department of Fish and Wildlife (CDFW) on February 11, 2004, which
15 permits the City of Carlsbad to implement the maintenance program, is scheduled to terminate
1^ on December 31, 2013; and
1^ WHEREAS, the need, frequency, and methods to maintain Buena Vista Creek
channel within the District have been reevaluated; and
1^ WHEREAS, in compliance with the California Environmental Quality Act (CEQA)
a Draft Supplemental Program Environmental Impact Report was prepared and submitted to the
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State Clearinghouse and a Notice of Completion was filed, published, and mailed to responsible
agencies and interested parties providing a 45-day review period, and all comments received
from that review period are contained in the Final Supplemental Program EIR 02-03(A) as well
as the responses to comments; and
WHEREAS, the City Council did on the llth day of June , 2013
hold a duly noticed hearing as prescribed by law to consider the Final Supplemental Program
EIR 02-03(A) for the Buena Vista Creek Channel Maintenance Project; and
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1 WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
3 relating to Final Supplemental Program EIR 02-03(A), the Candidate Findings of Fact, and the
4 Mitigation Monitoring and Reporting Program.
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
6 of Carlsbad, as follows:
7 1. That the foregoing recitations are true and correct.
^ 2. That the Supplemental Program EIR 02-03(A) dated May 2013, 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 "EIR-A" and the Mitigation Monitoring and
Reporting Program ("MMRP") attached hereto marked as Exhibit "EIR-B" and incorporated
J J herein by reference are ADOPTED based on the following findings and subject to the following
condition:
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Findings: 12
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1. The City Council of the City of Carlsbad does hereby find that the Final
14 Supplemental Program EIR 02-03(A), the CEQA Findings, and the MMRP have been prepared
in accordance with requirements of the California Environmental Quality Act, the State EIR
15 Guidelines and the Environmental Review Procedures of the City of Carlsbad.
16 2. The City Council does hereby find that it has reviewed, analyzed and
considered the Final Supplemental Program EIR 02-03(A), the environmental impacts therein
17 identified for this project, the CEQA Findings, and the MMRP prior to approving the project.
18 3. The City Council does hereby find that the Final Supplemental Program
EIR 02-03(A) reflects the independent judgment of the City Council.
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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.
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5. The City Council does hereby find that the Mitigation Monitoring and
23 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
24 with the feasible mitigation measures identified in the CEQA Findings and the MMRP.
25 6. The Record of Proceedings for this project consists of the Final
Supplemental Program EIR (EIR 02-03(A)), CEQA Findings, and MMRP; all reports,
26 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
27 submitted by members of the public and public agencies in connection with the Final
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1 Supplemental 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
2 General Plan, Carlsbad Zoning Regulations, Habitat Management Plan, and Local Facilities
Management Plans. The full administrative record may be found at 1200 Carlsbad Village Drive
3 in the custody of the City Clerk and at 1635 Faraday Avenue in the custody of the City Planner.
4 Condition:
5 1. The City of Carlsbad shall implement, or cause the implementation of the
mitigation measures described in Exhibit "EIR-B", the Mitigation, Monitoring, and Reporting
6 Program for the Buena Vista Creek Channel Maintenance Project Final Supplemental Program
EIR 02-03(A).
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8 II
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
10 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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"NOTICE TO APPLICANT"
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 11^^ day of June , 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
KA^EiyR. KU(
(SEAL)