HomeMy WebLinkAbout2005-11-08; City Council; Resolution 2005-3331
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CITY COUNCIL RESOLUTION NO. 2005333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA CERTIFYING THAT THE CITY HAS REVIEWED AND CONSIDERED
THE HOUSING AND REDEVELOPMENT COMMISSION’S REPORT TO COUNCIL
ON THE 2005 AMENDMENT TO, AND THE INFORMATION IN THE FINAL
ENVIROMENTAL IMPACT REPORT FOR, THE SOUTH CARLSBAD COASTAL
REDEVELOPMENT PLAN, AND ADOPTING A FINDING THAT NO ADDITIONAL
ENVIRONMENTAL REVIEW IS NECESSARY.
WHEREAS, the City Council and Housing and Redevelopment Commission of the City of
Carlsbad, California adopted the South Carlsbad Coastal Redevelopment Area Plan on July 18,
2000; and,
WHEREAS, the City Council (“City”) and Housing and Redevelopment Commission
(“Commission”) desire to amend the previously adopted South Carlsbad Coastal Redevelopment
Area Plan to, among other things, require issuance by the Commission of redevelopment permits
for all public and private projects within the subject project area and to make findings of
extraordinary public purpose in order to approve certain land uses in the area identified within the
Plan; and,
WHEREAS, in accordance with California Community Redevelopment Law (Health and
Safety Code Section 333000 et seq.), the Commission has prepare and transmitted to the City a
Report to Council in connection with the 2005 Amendment; and
WHEREAS, the City and Commission prepared and certified the original Final Program
Environmental Impact Report (“1999 Final EIR”)(EIR 99-0 1) for the subject Redevelopment
Project in July, 2000 prior to adopting the subject Redevelopment Plan; and
WHEREAS, the 1999 Final EIR for the Redevelopment Project was prepared pursuant
to the California Environmental Quality Act (CEQA) public Resources Code Section 2 1000
etlseq.) and State and City Guidelines implementing CEQA, which includes the Draft EIR, the
comments made on the Draft EIR and the Commission’s written response to the comments; and
WHEREAS, the City at its regularly scheduled meeting on July 11,2000, adopted a
Resolution certifying that the 1999 Final EIR was completed in compliance with CEQA and State
and City guidelines adopted pursuant thereto; and
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WHEREAS, the proposed 2005 Amendment to the Redevelopment Plan would continue
the revitalization and redevelopment programs, which are presently ongoing under the existing
Redevelopment Plan; and
WHEREAS, the proposed 2005 Amendment would not change the expectations of the
land uses, amount of development and character of the development that would occur as a result of
implementing the Amendment to the Redevelopment Plan from that used in the certified 1999
Final EIR for the assessment of potential environmental impacts; and
WHEREAS, the 2005 Amendment would not alter any existing plans and /or programs
are required in order to achieve the goals and objectives for the subject Project Area; and
WHEREAS, the City has reviewed and considered the proposed 2005 Amendment to the
subject Redevelopment Plan and reviewed and considered the information contained in the 1999
Final EIR for the Redevelopment Project; and
WHEREAS, no substantial changes have occurred and there is no new information of
substantial importance with respect to the circumstances under which the Redevelopment Project
is undertaken which will require revisions of the 1999 Final EIR; and
WHEREAS, in accordance with CEQA Guidelines Sections 15 180 and 15 162, no
subsequent EIR or supplement to the 1999 Final EIR need be prepared for the 2005 Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby accepts the Report to Council on the proposed 2005 Amendment
to the South Carlsbad Coastal Redevelopment Plan, and has considered it in the City
Council’s consideration of said Amendment.
3. That the City Council hereby certifies that the proposed 2005 Amendment to the South
Carlsbad Coastal Redevelopment Plan and the information contained in the 1999 Final EIR
for the South Carlsbad Coastal Redevelopment Project Area, certified on July 1 1 , 2000, has
been reviewed and considered by the City.
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4. That the City Council hereby certifies that the City Council has reviewed, analyzed and
considered the 1999 Final EIR for the South Carlsbad Coastal Redevelopment Project Area,
certified on July 1 1,2000 and, in accordance with CEQA Guidelines Sections 15 180 and
15 162, finds that no subsequent EIR or supplement to the 1999 Final EIR need be prepared for
the 2005 Amendment and no additional environmental review is required based on the
following determinations:
a.
b.
C.
The City Council determines that based on the record as a whole no substantial changes
are proposed in the Redevelopment Project which will require major revisions to the 1999
Final EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and
The City Council determines that based on the record as a whole no substantial changes
have occured with respect to the circumstances under which the Redevelopment Project is
undertaken which will require major revisions of the 1999 Final EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; and
The City Council determines that based on the record as a whole 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 1999 Final EIR was
certified as complete which shows any of the following:
1) The Redevelopment Project will have one or more significant effects not
discussed in the 1999 Final EIR; and
2) Significant effects previously examined will be substantially more severe than
shown in the 1999 Final EIR; and
3) 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 Redevelopment Project, but the Redevelopment Project proponents decline to
adopt the mitigation measure or alternative; and
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4) Mitigation measures or alternatives which are considerably different from those
analyzed in the 1999 Final EIR would substantially reduce one or more significant
effects on the environment, but the Redevelopment Project proponents decline to
adopt the mitigation measure or alternative; and
d. The finding that no additional environmental review is required reflects the independent
judgment of the City Council of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad held on the 8th day of November, 2005, by the following vote to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSTAIN: None
ABSENT: None
&’&
uO@,’City Clerk
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