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HomeMy WebLinkAbout2013-06-11; City Council; Resolution 2013-13622 23 24 25 26 27 28 The City Council of the City of Carlsbad, California, does hereby resolve as EXHIBIT 1 1 RESOLUTION NO. 2013-136 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING A SUPPLEMENTAL 3 PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE BUENA VISTA CREEK CHANNEL MAINTENANCE PROJECT 4 AND ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM. 5 CASE NAME: BUENA VISTA CREEK MAINTENANCE CASE NO.: EIR 02-03(A) 6 7 follows: 8 WHEREAS, on August 5, 2003 the City Council of the City of Carlsbad certified a 9 Program Environmental Impact Report and adopted candidate Findings of Fact and a Mitigation 10 Monitoring and Reporting Program for the Buena Vista Creek Maintenance Project (EIR 02-03) 11 to implement an on-going maintenance program to reduce flooding of the Buena Vista Channel 12 Benefit Assessment District (District") properties; and 13 WHEREAS, the Streambed Alteration Agreement (SAA) (#1600-2004-0006-R5) 14 issued by California Department of Fish and Wildlife (CDFW) on February 11, 2004, which 15 permits the City of Carlsbad to implement the maintenance program, is scheduled to terminate 1^ on December 31, 2013; and 1^ WHEREAS, the need, frequency, and methods to maintain Buena Vista Creek channel within the District have been reevaluated; and 1^ WHEREAS, in compliance with the California Environmental Quality Act (CEQA) a Draft Supplemental Program Environmental Impact Report was prepared and submitted to the 91 State Clearinghouse and a Notice of Completion was filed, published, and mailed to responsible agencies and interested parties providing a 45-day review period, and all comments received from that review period are contained in the Final Supplemental Program EIR 02-03(A) as well as the responses to comments; and WHEREAS, the City Council did on the llth day of June , 2013 hold a duly noticed hearing as prescribed by law to consider the Final Supplemental Program EIR 02-03(A) for the Buena Vista Creek Channel Maintenance Project; and 3 1 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 3 relating to Final Supplemental Program EIR 02-03(A), the Candidate Findings of Fact, and the 4 Mitigation Monitoring and Reporting Program. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 6 of Carlsbad, as follows: 7 1. That the foregoing recitations are true and correct. ^ 2. That the Supplemental Program EIR 02-03(A) dated May 2013, prepared for the above-referenced project, on file with the City Clerk, and incorporated herein by reference, is CERTIFIED and that the Candidate Findings of Fact ("CEQA Findings" or "Findings") attached hereto marked as Exhibit "EIR-A" and the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto marked as Exhibit "EIR-B" and incorporated J J herein by reference are ADOPTED based on the following findings and subject to the following condition: 10 Findings: 12 13 1. The City Council of the City of Carlsbad does hereby find that the Final 14 Supplemental Program EIR 02-03(A), the CEQA Findings, and the MMRP have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR 15 Guidelines and the Environmental Review Procedures of the City of Carlsbad. 16 2. The City Council does hereby find that it has reviewed, analyzed and considered the Final Supplemental Program EIR 02-03(A), the environmental impacts therein 17 identified for this project, the CEQA Findings, and the MMRP prior to approving the project. 18 3. The City Council does hereby find that the Final Supplemental Program EIR 02-03(A) reflects the independent judgment of the City Council. 19 4. The City Council does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings (Exhibit "EIR-A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 22 5. The City Council does hereby find that the Mitigation Monitoring and 23 Reporting Program (Exhibit "EIR-B") is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply 24 with the feasible mitigation measures identified in the CEQA Findings and the MMRP. 25 6. The Record of Proceedings for this project consists of the Final Supplemental Program EIR (EIR 02-03(A)), CEQA Findings, and MMRP; all reports, 26 applications, memoranda, maps, letters and other documents prepared by the environmental consultant and the City of Carlsbad which are before the decision-makers; all documents 27 submitted by members of the public and public agencies in connection with the Final 28 -2- ^ 1 Supplemental Program EIR; minutes of all public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad 2 General Plan, Carlsbad Zoning Regulations, Habitat Management Plan, and Local Facilities Management Plans. The full administrative record may be found at 1200 Carlsbad Village Drive 3 in the custody of the City Clerk and at 1635 Faraday Avenue in the custody of the City Planner. 4 Condition: 5 1. The City of Carlsbad shall implement, or cause the implementation of the mitigation measures described in Exhibit "EIR-B", the Mitigation, Monitoring, and Reporting 6 Program for the Buena Vista Creek Channel Maintenance Project Final Supplemental Program EIR 02-03(A). 7 8 II 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 10 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 a request 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. 11 12 13 14 15 18 19 20 21 22 25 26 27 28 "NOTICE TO APPLICANT" // 16 // 17 // // // // // 23 // 24 // // // 5 1 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11^^ day of June , 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: KA^EiyR. KU( (SEAL)