HomeMy WebLinkAbout2000-07-11; City Council; Resolution 2000-2261
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RESOLUTION NO. 2000-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING A FINAL ENVIONMENTAL
IMPACT REPORT, EIR 99-01 FOR THE SOUTH CARLSBAD
COASTAL REDEVELOPMENT PROJECT FOR PROPERTY
GENERALLY LOCATED ALONG PORTIONS OF CARLSBAD
BOULEVARD, PONTO DRIVE, AND CANNON ROAD, INCLUDING
THE ENCINA POWER GENERATING PLANT, SAN DIEGO GAS AND
ELECTRIC RIGHT-OF-WAY, OTHER PUBLIC RIGHTS-OF-WAY, AND
VARIOUS INDUSTRIAL, SERVICE AND RESIDENTIAL PROPERTIES
IN THE PONTO DRIVE AREA IN LOCAL FACILITIES MANAGEMENT
ZONES 3, 9, 13, AND 22.
CASE NAME: SOUTH CARLSBAD COASTAL REDEVELOPMENT
PROJECT CASE NO. EIR 99-01
WHEREAS, the Housing and Redevelopment Commission (“Commission”) and
the City Council of the City of Carlsbad (“City Council”) have prepared and are considering the
adoption of a Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project
(“Plan”); and
WHEREAS, the adoption of the Redevelopment Plan constitutes a project
requiring environmental review under the California Environmental Quality Act (CEQA); and
WHEREAS, CEQA requires that an Environmental Impact Report (EIR) be
prepared when a project has the potential to create significant environmental impacts; and
WHEREAS, the Redevelopment Plan does not propose any specific projects at
this time nor does it propose to change any of the existing land use policies, standards and
regulations, and it was determined to prepare a Program EIR to discuss indirect environmental
impacts associated with adoption of the Plan; and
WHEREAS, the City of Carlsbad Planning Commission held a duly noticed public
hearing on June 7, 2000, as prescribed by law to consider said Plan and associated EIR, and
adopted Planning Commission Resolution No. 4786 recommending certification of EIR 99-01 for
the South Carlsbad Coastal Redevelopment Project; and
WHEREAS, the City Council did, on the 27’h day of June, 2000, hold a duly
noticed public hearing as prescribed in law to consider said Plan and associated EIR; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said City Council considered all
factors relating to the Plan and the EIR; and
NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That the Final Program Environmental Impact Report consists of the Draft
Environmental Impact Report, EIR 99-01, dated February 2000, appendices, all written
comments and all responses to comments contained in the Response to Comments dated May,
2000, as amended to include the comments and documents of those testifying at the public
hearings and responses thereto hereby found to be in good faith and reason by incorporating a
copy of the minutes of said public hearings into the report, all on file in the Planning Department
incorporated by this reference, and collectively referred to as the “Report”.
C. That the Program Environmental Impact Report EIR 99-01, 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 alternative
thereto, including no project.
D. That based on the evidence presented at the public hearing, the City Council
certifies the Program Environmental Impact Report, SOUTH CARLSBAD COASTAL
REDEVELOPMENT PROJECT, EIR 99-01; approves the Candidate Findings of Fact (“CEQA Findings”), approves the Statement of Overriding Considerations (“Statement”), and approves
the Mitigation Monitoring and Reporting Program (“Program”), all on file in the office of the City
Clerk and the Planning Department and all incorporated by this reference; based on the
following findings and subject to the following conditions.
Findinqs:
1. The City Council does hereby find that the Final Program EIR 99-01, the Candidate
Findings of Fact, the Mitigation Monitoring and 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.
2. The City Council of the City of Carlsbad has reviewed, analyzed and considered Final
EIR 99-01, the environmental impacts therein identified for this project, the Candidate Findings of Fact (“Findings” of “CEQA Findings”) and the Statement of Overriding
Considerations, the Mitigation Monitoring and Reporting Program (“Program”) prior to
approval of this project.
3. The City Council finds that Final EIR 99-01 reflects the independent judgement of the
City of Carlsbad City Council.
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4. The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the “Candidate
Findings of Fact” on file in the Office of the City Clerk.
5. As is more fully identified and set forth in Final EIR 99-01 and in the Candidate Findings
of Fact, the City Council hereby finds pursuant to Public Resources Code Section 21081
and CEQA Guidelines Section 15091 that the mitigation measures described as feasible
in the above referenced documents, are feasible, and will become binding upon the
entity assigned thereby to implement same.
6. As is also noted in the above referenced environmental documents described in the
above finding number 4, each of the alternatives to the project which were identified as
potentially feasible in Final EIR 99-01 are found not be feasible since they could not meet both the objectives of the project and avoid the identified significant environmental
effects through implementation of feasible mitigation measures, for the reasons set forth
in said Candidate Findings of Fact.
7. The City Council hereby finds that the Redevelopment Plan is designed to ensure that
during project implementation the City and any other responsible parties implement the
project components and comply with the feasible mitigation measures identified in the
Candidate Findings of Fact and the Program.
8. Changes or alterations have been required in or incorporated into the project, which
mitigate or avoid most significant effects identified in the EIR.
9. Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project
will remain. Therefore, the City Council of the City of Carlsbad hereby issues pursuant
to Section 15093 of the CEQA Guidelines, a Statement of Overriding Considerations on
file in the Office of the City Clerk, which identifies the specific economics, social, and
other considerations that render the unavoidable significant adverse environmental
effects acceptable.
IO. The Record of Proceedings for this project consists of the following:
A. The Report, CEQA Findings, Statement and Program;
B. 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;
C. All documents submitted by members of the public and public agencies in
connection with the EIR thereto on the project;
D. Minutes of all public meetings and public hearings regarding the EIR; and
E. 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(s),
which may be found at the office of the City Clerk located at 1200
Carlsbad Village Drive and the Planning Department, located at 1635
Faraday Avenue in the custody of the City Clerk and the Planning
Director.
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Conditions:
1. The City and all other responsible parties shall implement the mitigation measures
contained in the Mitigation Monitoring and Reporting Program for the South Carlsbad
Coastal Redevelopment Project on file in the Office of the City Clerk and the Planning
Department of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at the regular meeting of the City
Council of the City of Carlsbad, California, held on the 1 lth day of July, 2000, by the following
vote, to wit:
AYES: Council Members Lewis, Finnila and Kulchin
NOES: None
ABSENT: Council Membz Nygaard
Hall
ATTEST:
ant City Clerk
(SEAL)
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