HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 47861
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PLANNING COMMISSION RESOLUTION NO. 4786
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT
REPORT, EIR 99-01 FOR THE SOUTH CARLSBAD COASTAL
REDEVELOPMENT PROJECT ON PROPERTY GENERALLY
LOCATED ALONG PORTIONS OF CARLSBAD
BOULEVARD, PONTO ROAD, AND CANNON ROAD,
INCLUDING THE ENCINA POWER GENERATING PLANT,
SAN DIEGO GAS AND ELECTRIC RIGHT-OF-WAY, OTHER
PUBLIC RIGHTS-OF-WAY, AND VARIOUS INDUSTRIAL,
SERVICE AND RESIDENTIAL PROPERTIES IN THE PONTO
DRIVE AREA IN LOCAL FACILITIES MANAGEMENT
ZONES 3,9,13 AND 22.
CASE NAME: SOUTH CARLSBAD COASTAL REDEVEL-
OPMENT PROJECT
CASE NO: EIR 99-01
WHEREAS, the Housing and Redevelopment Commission (“Commission”)
and the City Council of the City of Carlsbad (“City Council”) are preparing and considering
the adoption of a Redevelopment Plan for the South Carlsbad Redevelopment Project
(“Plan”); and
WHEREAS, the Planning Commission did adopt Resolution No. 4656 on
October 6, 1999, approving a Preliminary Plan for the South Carlsbad Coastal
Redevelopment Project; and
WHEREAS, the adoption of the Redevelopment Plan constitutes a project
requiring environmental review under the California Environmental Quality Act (CEQA); and
WHEREAS, CEQA requires that an Environmental Impact Report (EIR) be
prepared when a project has the potential to create significant environmental impacts; and
WHEREAS, the Redevelopment Plan does not propose any specific projects at
this time nor does it propose to change any of the existing land use policies, standards and
regulations, it was determined to prepare a Program EIR to discuss indirect environmental
impacts associated with adoption of the Plan; and
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WHEREAS, the Planning Commission did, on the 7th day of June, 2000, hold a
duly noticed public hearing as prescribed by law to consider said Plan and associated EIR, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Plan and the EIR, and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That the Final Program Environmental Impact Report consists of the Draft
Environmental Impact Report, EIR 99-01, dated February, 2000,
appendices, all written comments and all responses to comments contained in
the Response to Comments dated May, 2000, as amended to include the
comments and documents of those testifying at the public hearings and responses
thereto hereby found to be in good faith and reason by incorporating a copy of the
minutes of said public hearings into the report, all on file in the Planning
Department incorporated by this reference, and collectively referred to as the
“Report”.
C. That the Program Environmental Impact Report EIR 99-01, as so amended and
evaluated, is recommended for acceptance and certification as the Final
Environmental Impact Report and that the Final Environmental Impact Report as
recommended is adequate and provides reasonable information on the project and
all reasonable and feasible alternatives thereto, including no project.
D. That based on the evidence presented at the public hearing, the Commission
RECOMMENDS CERTIFICATION of Program Environmental Impact
Report, SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT,
EIR 99-01; RECOMMENDS APPROVAL of the Candidate Findings of Fact
(“CEQA Findings”), attached hereto marked Exhibit “B” and incorporated
by this reference; RECOMMENDS APPROVAL of the Statement of
Overriding Considerations (“Statement”), attached hereto marked Exhibit
“B” and incorporated by this reference; and RECOMMENDS APPROVAL
of the Mitigation Monitoring and Reporting Program as amended
(“Program”), attached hereto marked Exhibit “C” and incorporated by this
reference; based on the following findings and subject to the following
conditions.
Findinps:
1. The Planning Commission does hereby find that the Final Program EIR 99-01, the
Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the
PC RESO NO. 4786 -2-
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2.
3.
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9.
10.
Statement of Overriding Considerations 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.
The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered Final EIR 99-01, the environmental impacts therein identified for this project;
the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the Statement of
Overriding Considerations attached hereto as Exhibit “B”, the Mitigation Monitoring and
Reporting Program (“Program”) attached hereto as Exhibit “C” prior to
RECOMMENDING APPROVAL of this project.
The Planning Commission finds that Final EIR 99-01 reflects the independent judgment
of the City of Carlsbad Planning Commission.
The Planning Commission does hereby RECOMMEND APPROVAL, accept as its
own, incorporate as if set forth in full herein, and make each and every one of the findings
contained in the “Candidate Findings of Fact” (Exhibit “B”).
As is more fully identified and set forth in Final EIR 99-01 and in the Candidate Findings
of Fact, the Planning Commission hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures
described as feasible in the above referenced documents, are feasible, and will become
binding upon the entity assigned thereby to implement same.
As is also noted in the above referenced environmental documents described in the above
finding number 4, each of the alternatives to the project which were identified as
potentially feasible in Final EIR 99-01 are found not to be feasible since they could not
meet both the objectives of the project and avoid the identified significant environmental
effects through implementation of feasible mitigation measures, for the reasons set forth
in said Candidate Findings of Fact.
The Planning Commission hereby finds that the Redevelopment Plan is designed to
ensure that during project implementation the City and any other responsible parties
implement the project components and comply with the feasible mitigation measures
identified in the Candidate Findings of Fact and the Program.
Changes or alterations have been required in or incorporated into the project which
mitigate or avoid most significant effects identified in the EIR.
Even after the adoption of all feasible mitigation measures and any feasible alternatives,
certain significant or potentially significant environmental effects caused by the project
will remain. Therefore, the Planning Commission hereby recommends that the City
Council of the City of Carlsbad issue, pursuant to Section 15093 of the CEQA
Guidelines, a Statement of Overriding Considerations set forth in Exhibit “B”,
which identifies the specific economic, social, and other considerations that render the
unavoidable significant adverse environmental effects acceptable.
The Record of Proceedings for this project consists of the following:
PC RESO NO. 4786 -3.
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A.
B.
C.
D.
E.
Condition:
The Report, CEQA Findings, Statement and Program;
All reports, applications, memoranda, maps, letters and other planning documents
prepared by the planning consultant, the project applicant, the environmental
consultant, and the City of Carlsbad that are before the decisionmakers as
determined by the City Clerk;
All documents submitted by members of the public and public agencies in
connection with the EIR thereto on the project;
Minutes of all public meetings and public hearings regarding the EIR, and
Matters of common knowledge to the City of Carlsbad which they consider,
including but not limited to, the Carlsbad General Plan, Carlsbad Zoning
Ordinance, and Local Facilities Management Plan(s), which may be found at
the office of the City Clerk located at 1200 Carlsbad Village Drive and the
Planning Department, located at 1635 Faraday Avenue in the custody of the
City Clerk and the Planning Director.
1. The City and all other responsible parties shall implement the mitigation measures
described in Exhibit C, Mitigation Monitoring and Reporting Program for the South
Carlsbad Coastal Redevelopment Project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of June, 2000 by the
following vote, to wit:
AYES: L’Heureux, Nielsen, Chairperson Compaq Commissioners Baker,
Segall, and Trigas
NOES:
ABSENT: Commissioners Heineman
ABSTAIN
CARLSBAD PLANNING COMMISSION
ATTEST:
A MICHAEL J. HOMMILYER
Planning Director
PC RESO NO. 4786