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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-