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HomeMy WebLinkAbout2011-04-26; Housing & Redevelopment Commission; Resolution 5011 RESOLUTION NO. 501 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, TO: 3 1) REMAND THE APPLICATION TO THE PLANNING DIRECTOR TO COMPLETE FURTHER ANALYSES OF THE 4 MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM 5 (MMRP), AND IF WARRANTED PER CEQA SECTION 15073.5(a), THE PLANNING DIRECTOR WOULD 6 RECIRCULATE THE MND FOR PUBLIC COMMENT; AND 2) SCHEDULE THE APPLICATION AND REVISED MND/MMRP 7 FOR A NEW HEARING BY THE PLANNING COMMISSION FOR A RECOMMENDATION TO THE HOUSING AND 8 REDEVELOPMENT COMMISISON. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 9 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 10 CASE NO.: PDP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/ HMP 10-0311 The Housing and Redevelopment Commission of the City of Carlsbad, California, 12 does hereby resolve as follows: 13 WHEREAS, the City Council and Housing and Redevelopment Commission held 14 a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of 15 the MND and MMRP; and 1" WHEREAS, the Planning Director requested a continuance of the project to give 1' staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr. 1 80 Ronald W. Rouse, special counsel to NRG Energy, Inc.; and WHEREAS, after staff's presentation and public testimony, the City Council and 20 Housing and Redevelopment Commission kept the public hearing open to allow new information 71 and testimony to be received since the March 8, 2011 meeting and continued the matter for 22 deliberations to its joint special meeting of Tuesday, April 26, 2011; and 23 WHEREAS, staff has completed and mailed the response letter, dated April 12, 24 2011, to Mr. Ronald W. Rouse; and 25 WHEREAS, due to public testimony at the March 8, 2011 City Council and Housing and >-\ r Redevelopment Commission joint special meeting, staff is requesting additional time for the 27 Planning Director to complete further CEQA analyses. 28 /// £ 1 NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California, as follows: 3 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 5 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 Housing and Redevelopment Commission. 0 "NOTICE TO APPLICANT"o 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 a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost 12 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, 14 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 15 "' 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- MATT HALL, Chairman 1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the 2 Housing and Redevelopment Commission and the City Council of the City of Carlsbad 3 on the 26th day of April, 2011, by the following vote, to wit: 4 5 AYES: Commission Members Hall, Kulchin, Blackburn, Douglas and Packard. 6 NOES: None. 7 ABSENT: None.8 9 10 11 12 ATTEST: 13 " 14 15 LISA HILDABRAND, Secretary 16 (SEAL) 17 18 =|[ 19 20 21 22 23 24 25 26 27 28