HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 6631PLANNING COMMISSION RESOLUTION NO. 6631
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF THE ADDENDUM TO ENVIRONMENTAL
4 IMPACT REPORT 03-05 FOR THE PRECISE DEVELOPMENT
PLAN AND DESALINATION PLANT PROJECT (STATE
5 CLEARINGHOUSE NO. 2004041081), WHICH AFFECTS
PROPERTIES AND STREETS IN THE CITIES OF CARLSBAD,
6 OCEANSIDE, VISTA AND SAN MARCOS.
CASE NAME: DESALINATION PROJECT CHANGES
7 CASE NO.: EIR03-05(A)
WHEREAS, Poseidon Resources, "Developer," has filed a verified application
9 with the City of Carlsbad regarding property owned by various owners, "Owners", described as
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The Encina Power Station, located north of Cannon Road and
11 west of Interstate 5 in the City of Carlsbad at 4600 Carlsbad
Boulevard. The desalination plant and some appurtenant
facilities are proposed on the grounds of the Power Station; and
13 Streets and properties within the boundaries of the Encina
Specific Plan, which encompasses approximately 680 acres around
Agua Hedionda Lagoon, including the Encina Power Station,
15 proposed desalination plant and some appurtenant facilities, all in
the City of Carlsbad; and
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Various streets (including street rights of way) and properties
adjacent to them in Carlsbad and surrounding cities, including:
(1) in the City of Carlsbad, Avenida Encinas, Cannon Road,
Faraday Avenue, Melrose Drive, Lionshead Avenue, Palomar
Airport Road, and Alga Road; (2) in the City of Oceanside,
Melrose Drive, Cannon Road, and Shadowridge Drive; (3) in the
20 City of San Marcos, Poinsettia Avenue, Linda Vista Drive, Las
Flores Drive, 9th Street, South Rancho Santa Fe Road, Creek
21 Street (extended), and Pawnee Street, and; (4) in the City of Vista,
Faraday Avenue, Melrose Drive, Business Park Drive, and
22 Poinsettia Drive, all of which are locations in which desalination
water conveyance pipelines are proposed.
WHEREAS, on June 13, 2006, the City Council of the City of Carlsbad certified
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Environmental Impact Report (EIR) 03-05, as modified by the additional responses to comments,
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adopted the Candidate Findings of Fact, as modified by the addition of Section 5.5, Statement of
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Overriding Considerations, and the Mitigation Monitoring and Reporting Program for the Precise
27 Development Plan and Desalination Plant ("Project"); and
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1 WHEREAS, minor and immaterial design modifications have been made to the
2 site plan and appurtenant facilities, including new pipelines in Carlsbad and surrounding cities,
3 of the Project in order to reflect final Project design plans; and
4 WHEREAS, in compliance with the California Environmental Quality Act
5 ("CEQA"), an Addendum to EIR 03-05 - EIR 03-05(A) ("Addendum") was prepared to
6 determine if the preparation of a subsequent or supplemental EIR was required for the
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Desalination Project Changes project; and
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WHEREAS, the Planning Commission did on August 19, 2009, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
,, WHEREAS, the Addendum was presented to the Planning Commission and the
12 Planning Commission reviewed and considered the information contained in EIR 03-05, as
13 modified, including the Findings of Fact, as modified, Statement of Overriding Conditions, and
14 Mitigation Monitoring and Reporting Program prior to approving the Project; and
^ WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the Addendum, analyzing the information submitted by City staff,
17 and considering any written and oral comments received, the Planning Commission considered
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all factors relating to the Addendum.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
71 Commission as follows:
22 A) That the foregoing recitals are true and correct;
23 B) That the Planning Commission hereby RECOMMENDS APPROVAL of the
Addendum to EIR 03-05; based on the following findings that are supported by
24 substantial evidence in the Record.
25 Findings:
O A0 1. The Planning Commission of the City of Carlsbad does hereby find that the Addendum
,„ has been prepared in accordance with requirements of the California Environmental
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PCRESONO. 6631 -2-
1 Quality Act, the CEQA Guidelines, and the Environmental Review Procedures of the
City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and
3 considered the Addendum with EIR 03-05 prior to RECOMMENDING APPROVAL
of the Project, and it reflects the independent judgment of the City of Carlsbad Planning
Commission.
3. The Planning Commission of the City of Carlsbad does hereby find that adopting of
6 an Addendum to EIR 03-05 is appropriate and in conformance with CEQA in this
case because some changes or additions to EIR 03-05 are necessary, but none of the
7 conditions described in Section 15162 of the CEQA Guidelines calling for
preparation of a subsequent EIR have occurred, in that:
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a. There are no significant new environmental effects and no substantial
" increase in the severity of a previously identified significant effect. The
analysis and mitigation contained in EIR 03-05 remain adequate to address
all modifications proposed, whether to the desalination plant and
appurtenant on-site facilities or the off-site pipeline alignments. The
modifications, for example, do not amplify impacts to marine life as no
12 increase in plant seawater intake or discharge or change to the desalination
process is proposed. Additionally, the plant revisions proposed consist
13 primarily of physical changes to plant components, whether in size or
location, not operational modifications. Furthermore, although new pipeline
alignments are proposed that were not considered in the EIR, they do not
present new impacts not already considered or addressed as necessary by
existing mitigation measures.
b. There has been no substantial change with respect to the circumstances
under which the Project is being undertaken which would require major
revisions to EIR 03-05.
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c. There is no new information of substantial importance that was not known
19 and could not have been known with the exercise of reasonable diligence at
the time EIR 03-05 was certified.
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d. The Project will not have any significant effects not discussed in the EIR 03-
21 05.
22 e. There are no new or additional mitigation measures that need to be added
and there are no mitigation measures previously found not to be feasible
that are now found to be feasible that would substantially reduce one or
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more significant effects of the Project.
25 4. The Addendum is incorporated by reference herein, and the findings and
substantial evidence presented in the Addendum are adopted as findings to
26 these proceedings.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 19, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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