HomeMy WebLinkAbout2011-12-06; Housing & Redevelopment Commission; Resolution 5181 RESOLUTION NO. 518
2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
3 APPROVING REDEVELOPMENT PERMIT RP 10-26 FOR THE
CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND
4 ASSOCIATED PIPING ON THE ENCINA POWER STATION
(EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED
5 NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND
WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD
6 COASTAL REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONES 3 AND 22.
7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
FORCE MAIN, AND GRAVITY SEWER
8 REPLACEMENT PROJECT
CASE NO.: RP 10-26
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The Housing and Redevelopment Commission of the City of Carlsbad, California,
does hereby resolve as follows:11
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 Redevelopment Permit RP 10-26, and adopted Planning Commission Resolution
No. 6756, recommending approval of Redevelopment Permit RP 10-26; and
WHEREAS, the City Council and Housing and Redevelopment Commission held16
a joint public hearing on March 8, 2011, to consider approval of the project; and
WHEREAS, the Planning Director requested a continuance of the project to givelo
staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr.
_„ Ronald W. Rouse, special counsel to NRG Energy, Inc.; and
~. WHEREAS, after staff's presentation and public testimony, the City Council and
~~ Housing and Redevelopment Commission kept the public hearing open to allow new information
2", and testimony to be received since the March 8, 2011 meeting and continued the matter for
24 deliberations to its joint special meeting of Tuesday, April 26, 2011; and
25 WHEREAS, staff completed and mailed the response letter, dated April 12, 2011,
26 to Mr. Ronald W. Rouse; and
27 WHEREAS, at the City Council and Housing and Redevelopment Commission
2g joint public hearing on April 26, 2011, the Planning Director requested additional time to
1 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and
2 Housing and Redevelopment Commission joint special meeting; and
3 WHEREAS, staff has completed further environmental analysis and included
4 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions,
5 3) Noise, and 4) Mandatory Findings of Significance; and
6 WHEREAS, additional mitigation measures were added and the MND/MMRP
7 document was re-circulated for a 30-day public review period; and
8 WHEREAS, the Planning Director rescheduled the application for the October 5,
9 2011 Planning Commission meeting for a new hearing for a recommendation to the City Council
10 and Housing and Redevelopment Commission; and
11 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
WHEREAS, staff's responses to both speakers are provided in the draft minutes
to the October 5, 2011 Planning Commission meeting; and
1 n1' WHEREAS, the Planning Commission did adopt Planning Commission
18 Resolution No. 6819, recommending approval of the Redevelopment Permit RP 10-26; and
1Q WHEREAS, Planning Commission Resolution No. 6756 is superseded by
20 Planning Commission Resolution No. 6819; and
21 WHEREAS, the Housing and Redevelopment Commission of the City of
22 Carlsbad, on the 6th day of December , 2011, held a duly noticed public hearing to
23 consider the recommendation and heard all persons interested in or opposed to the project.
24 NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
25 Commission of the City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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1 2. That the recommendation of the Planning Commission for the approval of
Redevelopment Permit RP 10-26 is approved and that the findings and
2 conditions of the Planning Commission contained in Planning
Commission Resolution No. 6819, on file with the City Clerk and
3 incorporated herein by reference, are the findings of the Housing and
Redevelopment Commission.4
"NOTICE TO INTERESTED PARTIES"
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The time within which judicial review of this decision must be sought is governed
6 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
7 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
10 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
11 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, CA. 92008.
13 PASSED, APPROVED AND ADOPTED at a joint special meeting of the
14 Redevelopment Commission and City Council of the City of Carlsbad on the 6th day of
December 2011, by the following vote, to wit:
AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packard
17 NOES: None.
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ABSENT: None.
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22 ATTEST:
MATT H^LL, Chairman
23 r^?)Vv^ rTV-b?^ ^-^ c J" ••"'ESTABLISHED \V
LISA HILDABRAND, Secretary (SEAL) ||! ^n If
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