The URL can be used to link to this page

Home My WebLink About2007-09-19; Planning Commission; Resolution 63381 PLANNING COMMISSION RESOLUTION NO. 6338 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A PROGRAM ENVIRONMENTAL 4 IMPACT REPORT, EIR 05-05, FOR THE PONTO BEACHFRONT VILLAGE VISION PLAN, AND RECOMMENDING ADOPTION OF THE CANDIDATE 6 FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING 7 AND REPORTING PROGRAM FOR THE AREA GENERALLY LOCATED BETWEEN CARLSBAD BOULEVARD AND SAN 8 DIEGO NORTHERN RAILROAD, NORTH OF BATIQUITOS o LAGOON AND SOUTH OF PONTO ROAD. CASE NAME: PONTO BEACHFRONT VILLAGE VISION 10 PLAN CASE NO.: EIR 05-05 11 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 13 with the City of Carlsbad regarding property described as 14 the areas known as the Ponto Beachfront Village Area generally located between Carlsbad Boulevard and the San l-> Diego Northern Railroad, north of Batiquitos Lagoon and ,,- south of Ponto Roadlo 17 ("the Property"); and 18 WHEREAS, a Program Environmental Impact Report (EIR 05-05) was 20 prepared in conjunction with the Ponto Beachfront Village Vision Plan; and 21 WHEREAS, the Planning Commission did again on the 5th and 19th days of 22 September, 2007, hold a duly noticed public hearing as prescribed by law to consider said 23 request after preparation of an EIR for the project; and 24 WHEREAS, after hearing the staff presentation for the Ponto Beachfront Village 25 Vision Plan and public testimony on the project, the Planning Commission did hold a duly26 27 noticed public hearing on the project; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Program EIR, Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing 2 the information submitted by staff, and considering any written comments received, the Planning 3 Commission considered all factors relating to the Program EIR. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission as follows: 7 A) That the foregoing recitations are true and correct. Q0 B) That the Final Program Environmental Impact Report consists of the Final o Program Environmental Impact Report, EIR 05-05, dated August 2007, appendices, written comments and responses to comments, as amended to 10 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. 13 C) That the Program Environmental Impact Report, EIR 05-05, as so amended and 14 evaluated is recommended for acceptance and certification as the final Program Environmental Impact Report and that the final Program Environmental Impact Report as recommended is adequate and provides reasonable information on the ,,.- project and all reasonable and feasible alternatives thereto, including no project. 17 D) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Program 18 Environmental Impact Report, EIR 05-05; RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA Findings"), and the Statement of Overriding Considerations ("Statement"), attached hereto marked as Exhibit 2Q "EIR-A" and incorporated by this reference; and of the Mitigation Monitoring and Reporting Program ("Program"), attached hereto marked 21 as Exhibit "EIR-B" and incorporated by this reference; based on the following findings and subject to the following conditions. 22 - Findings: 24 1. The Planning Commission of the City of Carlsbad does hereby find that the Final Program EIR 05-05, the Candidate Findings of Fact, the Mitigation Monitoring and 25 Reporting Program, and the 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. 27 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and 28 considered Final Program EIR 05-05, 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 "EIR-A," and the PC RESO NO. 6338 -2- Mitigation Monitoring and Reporting Program ("Program") attached hereto as Exhibit 2 "EIR-B," prior to RECOMMENDING APPROVAL of this project. 3 3. The Planning Commission finds that Final Program EIR 05-05 reflects the independent judgment of the City of Carlsbad Planning Commission.4 - 4. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings 6 (Exhibit "EIR-A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project 7 alternatives. 8 5. The Planning Commission hereby finds that the Program (Exhibit "EIR-B") is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible 10 mitigation measures identified in the CEQA Findings and the Program. 6. Although certain significant or potentially significant environmental effects caused by the project will remain, even after the adoption of all feasible mitigation measures and any feasible alternatives, there are specific economic, social and other considerations that 13 render the unavoidable significant adverse environmental effects acceptable, as set forth in the Statement. 14 7. The Record of Proceedings for this project consists of The Report, CEQA Findings, Statement and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before the decision makers as 17 determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the Program EIR; minutes of all public 18 meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, South Carlsbad Coastal Redevelopment 20 Plan, Poinsettia Shores Master Plan, Poinsettia Properties Specific Plan, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in 21 the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director of Planning. 22 _„ Conditions: 24 1. All future developers shall implement the mitigation measures described in Exhibit "EIR-B," the Mitigation Monitoring and Reporting Program, for the mitigation 25 measures and monitoring programs applicable to development of the Ponto Beachfront Village Vision Plan.26 S 2. Exhibit "A" shall be amended to include the following under the heading of (2) Biological Resources Direct Impacts and Exhibit "B" shall be amended to include 28 - Mitigation Measure B-7a: Jurisdictional Areas PC RESO NO. 6338 -3- Impact B-7: With implementation of the project, Impact B-7 would result in significant 2 secondary impacts to the native plant and animal communities of the north shore of the Batiquitos Lagoon adjacent to the project site including light overspill and predatory bird 3 perching. Mitigation Measure B-7a: The mitigation measure specified in the FEIR has been imposed . upon the project as a condition of approval, requiring that a minimum seventy-five (75) foot structural setback shall be provided from the top of the southerly bluff edge and the 6 setback shall be restricted to passive public park uses only. 7 3. Mitigation Measure N3-b under the heading of (5) Noise Onsite Vehicular Noise in Exhibit "A"; and Mitigation Measure N3-b in Exhibit "B" shall be amended to read as follows: 9 Through site plan review and to the satisfaction of the final decision makers, the location of 10 driveways, service areas and building entrances associated with hotel uses in the Tourist Commercial zone, to the greatest extent feasible, shall be located and physically buffered with a combination of setbacks, landscaping, berms, and or walls to minimize mobile and stationary noise impacts on residential uses. 4. Exhibit "A" shall be amended to include the following under the heading of (2) Biological Resources Direct Impacts and Exhibit "B" shall be amended to include 14 Mitigation Measure Bl-h: '•-' Mitigation Measure Bl-h: The mitigation measure specified in the FEIR has been •,/• imposed upon the project as a condition of approval requiring that, to the greatest extent feasible, all offsite mitigation shall be located adjacent to the Batiquitos Lagoon as a 17 primary effort and within the City limits of Carlsbad as a secondary effort. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6338 -4- 1 2 3 4 5 6 7 8 9 10 11 1 ^12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of the following vote, to wit: AYES: Chairperson Baker, Commissioners Boddy, Douglas, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: H^ H Jj>1 ^\. ' ^^v^Ciww JULIE BAKER, Chairperson CARLSBAD-PLANNING COMMISSION ATTEST: *ch?A / \&U DON NEU Planning Director PCRESONO. 6338 -5- September, 2007, by Cardosa, Dominguez,