HomeMy WebLinkAbout2011-12-06; City Council; Resolution 2011-2771
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
follows:
RESOLUTION NO. 2011-277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING HILLSIDE
DEVELOPMENT PERMIT HDP 10-05 AND HABITAT
MANAGEMENT PLAN PERMIT HMP 10-03 FOR THE
CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND
ASSOCIATED PIPING ON THE ENCINA POWER STATION
(EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED
NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND
WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD
COASTAL REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONES 3 AND 22.
CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
FORCE MAIN, AND GRAVITY SEWER
REPLACEMENT PROJECT
CASE NO.: HDP 10-05/HMP 10-03
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law
to consider Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP
10-03, and adopted Planning Commission Resolutions No. 6758 and 6760, recommending
approval of Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP
10-03, respectively; and
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
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.
Ronald W. Rouse, special counsel to NRG Energy, Inc.; and
WHEREAS, after staff's presentation and public testimony, the City Council and
Housing and Redevelopment Commission kept the public hearing open to allow new information
and testimony to be received since the March 8, 2011 meeting and continued the matter for
deliberations to its joint special meeting of Tuesday, April 26, 2011; and
1 WHEREAS, staff completed and mailed the response letter, dated April 12, 2011
2 to Mr. Ronald W. Rouse; and
3 WHEREAS, at the City Council and Housing and Redevelopment Commission
4 joint public hearing on April 26, 2011, the Planning Director requested additional time to
5 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and
6 Housing and Redevelopment Commission joint special meeting; and
7 WHEREAS, staff has completed further environmental analysis and included
8 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions,
9 3) Noise, and 4) Mandatory Findings of Significance; and
WHEREAS, additional mitigation measures were added and the MND/MMRP
11 document was re-circulated for a 30-day public review period; and
WHEREAS, the Planning Director rescheduled the application for the October 5,
2011 Planning Commission meeting for a new hearing for a recommendation to the City Council 13
^4 and Housing and Redevelopment Commission; and
WHEREAS, two speakers provided public testimony: 1) Ivan Mendelson, general
16 "
17
18
19
20
21
22
23
24
25
26
27
28
manager of Toyota Carlsbad had a concern regarding any proposed road closure on Avenida
Encinas during construction, and 2) George Piantka, Environmental Business Director for NRG,
speaking on behalf of Cabrillo Power, LLC, expressed five concerns about the project; and
WHEREAS, staff's responses to both speakers are provided in the draft minutes
to the October 5, 2011 Planning Commission meeting; and
WHEREAS, the Planning Commission did adopt Planning Commission
Resolutions No. 6821 and 6823, recommending approval of the Hillside Development Permit
HDP 10-15 and Habitat Management Plan Permit HMP 10-03; and
WHEREAS, Planning Commission Resolutions No. 6758 and 6760 are
superseded by Planning Commission Resolutions No. 6821 and 6823; and
1 WHEREAS, the City Council of the City of Carlsbad, on the 6th day of
2 December . 2011, held a duly noticed public hearing to consider the recommendation and
3 heard all persons interested in or opposed to the project.
4 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
5 Carlsbad, California, as follows:
6 1. That the above recitations are true and correct.
7
2. That the recommendation of the Planning Commission for the approval of
„ Hillside Development Permit HDP 10-15 and Habitat Management Plan
Permit HMP 10-03 are approved and that the findings and conditions of
g the Planning Commission contained in Planning Commission Resolution
Nos. 6821 and 6823, on file with the City Clerk and incorporated herein
^ Q by reference, are the findings of the City Council.
11 "NOTICE TO INTERESTED PARTIES"
j2 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
13 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
14 the ninetieth day following the date on which this decision becomes final;
however, if within ten days after the decision becomes final a request for the
2 5 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
15 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
Ij 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
18 Village Drive, Carlsbad, CA. 92008.
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ..
1 PASSED, APPROVED AND ADOPTED at a joint special meeting of the CAv
2 Council and Housing and Redevelopment Commission of the City of Carlsbad on the 6th
3 day of December 2011, by the following vote, to wit:
4 AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
5 NOES: None,
6 ABSENT: None.
7
10
8 MATTf^LL, Mayor
9 II
ATTEST:
11 LORRAINE M. WOOD, CWy/Oerk /
(SEAL)
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28