HomeMy WebLinkAbout2011-04-26; City Council; Resolution 2011-0801 RESOLUTION NO. 2011-080
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO: 1) REMAND THE APPLICATION
3 TO THE PLANNING DIRECTOR TO COMPLETE FURTHER
ANALYSES OF THE MITIGATED NEGATIVE DECLARATION
4 (MND) AND MITIGATION MONITORING AND REPORTING
PROGRAM (MMRP), AND IF WARRANTED PER CEQA
5 SECTION 15073.5(a), THE PLANNING DIRECTOR WOULD
RECIRCULATE THE MND FOR PUBLIC COMMENT; AND 2)
6 SCHEDULE THE APPLICATION AND REVISED MND/MMRP
FOR A NEW HEARING BY THE PLANNING COMMISSION FOR
7 A RECOMMENDATION TO THE CITY COUNCIL.
CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
8 FORCE MAIN, AND GRAVITY SEWER
REPLACEMENT
CASE NO.: POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-057
HMP 10-03
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The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
12 WHEREAS, the City Council and Housing and Redevelopment Commission held
a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of
14 the MND and MMRP; and
WHEREAS, the Planning Director requested a continuance of the project to give
staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr.
1' Ronald W. Rouse, special counsel to NRG Energy, Inc.; and
1 R WHEREAS, after staff's presentation and public testimony, the City Council and
19 Housing and Redevelopment Commission kept the public hearing open to allow new information
20 and testimony to be received since the March 8, 2011 meeting and continued the matter for
21 deliberations to its joint special meeting of Tuesday, April 26, 2011; and
22 WHEREAS, staff has completed and mailed the response letter, dated April 12,
23 2011, to Mr. Ronald W. Rouse; and
24 WHEREAS, due to public testimony at the March 8, 2011 City Council and Housing and
25 Redevelopment Commission joint special meeting, staff is requesting additional time for the
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Planning Director to complete further CEQA analyses.
27 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
28 Carlsbad, California, as follows: -^2
1. That the above recitations are true and correct.
2. The application is: 1) remanded to the Planning Director to complete further analyses of
the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting
Program (MMRP), and if warranted per CEQA Section 15073.5(a), the Planning Director
would recirculate the MND for public comment; and 2) schedule the application and
revised MND/MMRP for a new hearing by the Planning Commission for a
recommendation to the City Council.
"NOTICE TO APPLICANT"6
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„ Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a9request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
,, personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City
Council and Housing and Redevelopment Commission of the City of Carlsbad on the
26th day of April, 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
MATTlHALL, Mayor
ATTEST:
iRRAINE M. WGOD.'City Clerk
(SEAL)
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