The URL can be used to link to this page

Home My WebLink About2023-09-20; Planning Commission; Resolution 7493PLANNING COMMISSION RESOLUTION NO.7493 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE THIRD ADDENDUM TO THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT EIR12-01 FOR THE CARLSBAD SEWER MASTER PLAN, CARLSBAD MUNICIPAL WATER DISTRICT WATER MASTER PLAN, AND RECYCLED WATER MASTER PLAN TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF TWO EXISTING WATER MAIN PIPELINES WITH A SINGULAR 12- INCH DIAMETER PIPELINE AND CONDUCT MAINTENANCE OF EXISTING SEWER MAINS AND MAINTENANCE HOLES iN THE FOLLOWING TWO AREAS: 1) CARLSBAD BOULEVARD BETWEEN TIERRA DEL ORO AND MANZANO DRIVE; 2) CANNON ROAD BETWEEN AVENIDA ENCINAS AND CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: TERRAMAR AREA SEWER AND WATER MAIN IMPROVEMENTS CASE NO.: CDP2022-0056 (CIP 5048 & 5503) WHEREAS, City of Carlsbad, has filed a verified application regarding property owned by the City of Carlsbad, described as right-of-way along Carlsbad Boulevard between Tierra Del Oro and Manzano Drive and Cannon Road between Avenida Encinas and Carlsbad Boulevard ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" -"W" dated Sept. 20, 2023, on file in the Carlsbad Planning Division, CDP2022-0056 -TERRAMAR AREA SEWER AND WATER MAIN IMPROVEMENTS, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Co'de 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, a Program Environmental Impact Report (PEIR), State Clearinghouse No.2012021006, City Planning Case No.EIR12-01 was prepared, and the City Council certified it as complete on Nov. 13, 2012, for the Carlsbad Sewer Master Plan, Carlsbad Municipal Water District Water Master Plan, and Recycled Water Master; and WHEREAS, on Sept. 17, 2019, the City Council approved Resolution No. 2019-183, approving the first addendum to EIR12-01; and WHEREAS, on Nov. 14, 2022, the City Planner approved HMP 2022-0007, approving the second addendum to EIR12-01; and WHEREAS, an Initial Study Checklist was prepared in accordance with CEQA Guidelines section 15063 to evaluate the request for the Terramar Area Sewer and Water Main Improvements Project and to determine whether the environmental effects of the later activity are within the scope of the previously prepared PEIR; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which a PEIR has been certified, the Lead Agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 through 15164 require additional environmental review; and WHEREAS, City staff evaluated the environmental impact of the proposed modifications to the project in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162 through 15164; and WHEREAS, based on this evaluation, staff concluded that the PEIR had fully analyzed and mitigated, where feasible, in compliance with CEQA, all potentially significant environmental ( ( impacts, if any, that would result from the project modifications, that the impacts to the environment as a result ofthe modifications are consistent with and would not create substantial new or increased impacts beyond those that were evaluated in the PEIR, and that, therefore, no subsequent PEIR or mitigated negative declaration is now required; and WHEREAS, the city duly noticed a public hearing of the Planning Commission on Sept. 20, 2023, to consider the adoption of the project. The public notice consisted of (1) that the project is within the scope of the program approved earlier; and (2) the certified PEIR adequately describes the proposed project for the purposes of CEQA. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: a) The Planning Commission has considered the full record before it, which includes the Record of Proceedings. Furthermore, the recitals set forth above are found to be true, correct, and material to this resolution; and incorporated herein by reference. b) Compliance with CEQA. State CEQA Guidelines section 15164 requires lead agencies to prepare an Addendum to a previously certified PEIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent PEIR are present. The Planning Commission has reviewed and considered the PEIR and Addendum and finds that those documents taken together contain a complete and accurate reporting of all of the environmental impacts associated with the revised project. The Planning Commission further finds that the Addendum and ( ( administrative record have been completed in compliance with CEQA and CEQA Guidelines, and that the findings related to the PEIR and Addendum, taken together, reflect the Planning Commission's independent judgment. Based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, which is attached hereto as Attachment "1" none of the conditions described in CEQA Guidelines sections 15162 through 15164 calling for the preparation of a subsequent or supplemental PEIR or negative declaration have occurred; specifically: 1. The proposed modifications to the project do not create substantial changes that would require major revisions to the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 2. The proposed modifications to the project do not create substantial changes with respect to the circumstances under which the project is undertaken that will require major revisions of the previous PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the PEIR was certified as complete and adopted, that shows any of the following: ( ( i. The modifications will have one or more significant effects not discussed in the certified F>EIR; ii. Significant effects previously examined will be substantially more severe than shown in the certified PEIR; iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the Applicant declines to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives that are considerably different from those analyzed in the certified PEIR would substantially reduce one or more significant effects on the environment, but the Applicant declines to adopt the mitigation measure or alterative; and v. The evaluation of the proposed modifications to the project, certified PEIR, and Third Addendum reflects the Planning Commission's independent judgment and analysis based on review of the entirety of the administrative record, which record provides the information upon which this resolution is based. c) Pursuant to the above findings, the Planning Commission determines that the PEIR, together with the Addendum, satisfy all the requirements of CEQA and is ( ( adequate to serve as the required environmental documentation for the project and, therefore approves and adopts the Addendum for the project. d) The custodian of the documents and other materials which constitute the record of proceedings upon which this decision is based is the Office of the City Clerk of the City of Carlsbad, 1200 Village Dr., Carlsbad, CA 92008. BE IT FURTHER RESOLVED that the Planning Commission directs the City Planner to file the notice of determination required by Public Resources Code section 21152(a) within five days after project approval. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. ( ( PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission ofthe City of Carlsbad, California, held on Sept. 20, 2023, by the following vote, to wit: AYES: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico, Stine NAYES: ABSENT: ABSTAIN: PETER MERZ, Chair CARLSBAD PLANNING COMMISSION ATTEST: ~~ ERIC LARDY City Planner