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HomeMy WebLinkAbout2022-06-01; Planning Commission; Resolution 7450PLANNING COMMISSION RESOLUTION NO. 7450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PRGRAM FOR A COASTAL DEVELOPMENT PERMIT, SPECIAL USE PERMIT AND HABITAT MANAGEMENT PLAN PERMIT TO CONSTRUCT ROADWAY IMPROVEMENTS INCLUDING WIDENING OF THE NORTHBOUND SEGMENT OF EL CAMINO REAL FOR APPROXIMATELY 1500 FEET FROM CINNABAR WAY TO CAMINO VIDA ROBLE AND RESTRIPING EL CAMINO REAL FROM POINSETTIA LANE TO CAMINO VIDA ROBLE. CASE NAME: EL CAMINO REAL WIDENING (CIP 6072) CASE NO.: CDP 2020-0032/SUP 2020-0003/HMP 2020-0007 (PUB 2020~0009) WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad described as right-of-way and a portion of property identified by Assessor's Parcel Number 213-050-16- 00 and on file in the Planning Division ("the Property"); and WHEREAS, pursuant to the CEQA and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, pursuant to Public Resources Code section 21080.1 and CEQA Guidelines section 15063, a Mitigated NegativeDeclaration (MND) shall be prepared when an Initial Study (IS) identifies potentially significant project related impacts, but can be classified as less than significant after incorporating mitigation actions that can be taken to avoid or mitigate impacts to a point where clearly no significant impacts on the environment will occur; and WHEREAS, the city prepared a Draft IS/MND, dated August 12, 2021, to consider, identify, and analyze all potential environmental impacts of the proposed project (State Clearinghouse No. 2021040447, City Planning Case No. DEV 2018-0177); and WHEREAS, the Draft IS/MND was issued for a 30-day public review period, which began on August 12, 2021, in conformance with Public Resources Code section 21091(b) and CEQA Guidelines sections 15072 and 15105(b). The city received three comment letters during the 30-day public comment period. A Response to Comments (RTC) document was prepared and responds to all of the comment letters received on the Draft IS/MND; and WHEREAS, the Planning Commission did, on June 1, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. 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 based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Final Mitigated Negative Declaration, Initial Study and Mitigation Monitoring and Reporting Program, included in Exhibit "MND," and according to Exhibit "Notice of Intent (NOi)," attached hereto and made a part hereof, based on the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT: California Environmental Quality Act (CEQA) 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program CDP 2020-0032/SUP2020-0003/HMP 2020-0007, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad; and PC RESO NO. 7450 -2- c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 1, 2022, by the following vote, to wit: AYES : Chairperson Stine, Commissioners Lafferty, Luna, Kamenjarin, Merz, and Sabellico NOES: ABSENT: Commissioner Meenes ABSTAIN: JOSEP STINE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7450 -3-