HomeMy WebLinkAbout2011-12-06; Housing & Redevelopment Commission; Resolution 5171 RESOLUTION NO. 517
2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
3 ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND)
AND MITIGATION MONITORING AND REPORTING PROGRAM
4 (MMRP) FOR THE CONSTRUCTION OF THE SEWER LIFT
STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA
5 POWER STATION (EPS) AND ADJACENT PROPERTIES
GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF
6 INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE
SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA AND
7 IN LOCAL 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(CV SP-144(LVHDP 10-05/HMP 10-03
The Housing and Redevelopment Commission of the City of Carlsbad, California,
does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law
to consider a MND and MMRP, and adopted Planning Commission Resolution No. 6753,
recommending adoption of the MND and MMRP; and
16 WHEREAS, the City Council and Housing and Redevelopment Commission held
7 a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of
18 the MND and MMRP; and
19 WHEREAS, the Planning Director requested a continuance of the project to give
20 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
WHEREAS, staff completed and mailed the response letter, dated April 12, 2011,
27 to Mr. Ronald W. Rouse; and
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1 WHEREAS, at the City Council and Housing and Redevelopment Commission
2 joint public hearing on April 26, 2011, the Planning Director requested additional time to
3 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and
4 Housing and Redevelopment Commission joint special meeting; and
5 WHEREAS, staff has completed further environmental analysis and included
6 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions,
7 3) Noise, and 4) Mandatory Findings of Significance; and
8 WHEREAS, additional mitigation measures were added and the MND/MMRP
9 document was re-circulated for a 30-day public review period; and
10 WHEREAS, the Planning Director rescheduled the application for the October 5,
11 2011 Planning Commission meeting for a new hearing for a recommendation to the City Council
and Housing and Redevelopment Commission; and
WHEREAS, two speakers provided public testimony: 1) Ivan Mendelson, general
manager of Toyota Carlsbad had a concern regarding any proposed road closure on Avenida
Encinas during construction, and 2) George Piantka, Environmental Business Director for NRG,
speaking on behalf of Cabrillo Power, LLC, expressed five concerns about the project; and
1' WHEREAS, staff's responses to both speakers are provided in the draft minutes
1 8 to the October 5, 2011 Planning Commission meeting; and
19 WHEREAS, the Planning Commission did adopt Planning Commission
20 Resolution No. 6816, recommending adoption of the MND and MMRP; and
21 WHEREAS, Planning Commission Resolution No. 6753 is superseded by
22 Planning Commission Resolution No. 6816; and
23 WHEREAS, the Housing and Redevelopment Commission of the City of
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Carlsbad, on the 6th day of December , 2011, held a duly noticed public hearing to
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consider the recommendation and heard all persons interested in or opposed to the MND and
MMRP.
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1 NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
2 Commission of the City of Carlsbad, California, as follows:
3 1. That the above recitations are true and correct.
4 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
^ 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.
7 "NOTICE TO INTERESTED PARTIES"
Q
The time within which judicial review of this decision must be sought is governed
Q 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
j2 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
j3 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
]4 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 Housing
16 and Redevelopment Commission and City Council of the City of Carlsbad on the 6th day of
17 December 2011, by the following vote, to wit:
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AYES: Commission Members Hall, KUlchin, Blackburn, Douglas, Packard
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NOES: None.
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ABSENT: None.
21 "
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MAtTflALL, Chairman
23 "
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25 X^^YTV->^ ^/ESTABUS^
LrSXHILDABRAND, Secretary =£\ mo IS?
26 (SEAL)
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