HomeMy WebLinkAbout2004-12-01; Planning Commission; Resolution 57991
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5799
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROJECT ENVIRONMENTAL
ADOPTION OF CANDIDATE FINDINGS OF FACT AND A
MITIGATION MONITORING AND REPORTING PROGRAM
TO ALLOW THE EXPANSION OF THE PALOMAR
TRANSFER STATION LOCATED ON THE EAST SIDE OF
ORION STREET BETWEEN FARADAY AVENUE AND EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: PALOMAR TRANSFER STATION
CASE NO.: EIR 03-04
IMPACT REPORT, EIR 03-04, AND RECOMMENDING
WHEREAS, Palomar Transfer Station, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by the County of San Diego,
Department of Public Works - Airport Division, “Owner,” described as
A portion of lots A and B of Rancho Agua Hedionda according
to Map No. 823 filed on November 16,1986
(“the Property”); and
WHEREAS, a Project Environmental Impact Report (EIR 03-04) was
prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on the 1st day of December 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the Project EIR, Candidate Findings of Fact, and Mitigation
Monitoring and Reporting Program, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the EIR.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
That the Final Project Environmental Impact Report consists of the Final
Environmental Impact Report (EIR 03-04), dated September 2004,
appendices, written comments, and responses to comments, as amended to
include the comments and documents of those testifying at the public hearing and
responses thereto hereby found to be in good faith and reason by incorporating a
copy of the minutes of said public hearing into the report, all on file in the
Planning Department, incorporated by this reference, and collectively
referred to as the "Report."
That the Environmental Impact Report EIR 03-04, 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.
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS CERTIFICATION of the Project
Environmental Impact Report (EIR 03-04); and RECOMMENDS
ADOPTION of the Candidate Findings of Fact ("Findings" or "CEQA
Findings"), attached hereto as Exhibit "EIR-A" and incorporated by this
reference; and RECOMMENDS ADOPTION of the Mitigation Monitoring
and Reporting Program ("Program"), attached hereto as Exhibit "EIR-B"
and incorporated by this reference; based on the following findings and subject to
the following conditions:
1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered Final EIR 03-04 and the environmental impacts therein identified for this
project; the Candidate Findings of Fact ("Findings" or "CEQA Findings"), attached
hereto as Exhibit "EIR-A," and the Mitigation Monitoring and Reporting Program
("Program"), attached hereto as Exhibit "EIR-B," prior to RECOMMENDING
APPROVAL of the project.
2. The Planning Commission of the City of Carlsbad does hereby find that Final EIR 03-
04, the Candidate Findings of Fact, and the Mitigation Monitoring and Reporting
Program 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.
3. The Planning Commission finds that Final EIR 03-04 reflects the independent
judgment of the City of Carlsbad Planning Commission.
4. The Planning Commission does accept as its own, incorporate as if set forth in hll
herein, and make each and every one of the findings contained in the CEQA Findings,
including feasibility of mitigation measures pursuant to Public Resources Code 2 108 1
and CEQA Guidelines 15091 , and infeasibility of project alternatives.
PC RES0 NO. 5799 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. The Planning Commission hereby finds that the Program 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 Program.
6. The Record of Proceedings for this project consists of the Report, CEQA Findings, 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 decision
makers as determined by the City Clerk; all documents submitted by members of
the public and public agencies in connection with the EIR on the project; minutes of
all public meetings and public hearings; 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
which 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 Director of Planning.
Conditions:
1. The Developer shall implement the mitigation measures described in Exhibit "EIR-
B," the Mitigation Monitoring and Reporting Program, for the mitigation measures
and monitoring programs applicable to the development of the Palomar Transfer
Station project.
...
...
...
...
...
...
...
...
PC RES0 NO. 5799 -3 -
1
2
3
4
5
6
7
8
9
10
11
12
134
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
f the City of Carlsbad, California, held on the 1st day of December 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5799 -4-