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HomeMy WebLinkAbout2011-12-06; Housing & Redevelopment Commission; Resolution 5181 RESOLUTION NO. 518 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 3 APPROVING REDEVELOPMENT PERMIT RP 10-26 FOR THE CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND 4 ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED 5 NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD 6 COASTAL REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONES 3 AND 22. 7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER 8 REPLACEMENT PROJECT CASE NO.: RP 10-26 9 The Housing and Redevelopment Commission of the City of Carlsbad, California, does hereby resolve as follows:11 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 Redevelopment Permit RP 10-26, and adopted Planning Commission Resolution No. 6756, recommending approval of Redevelopment Permit RP 10-26; and WHEREAS, the City Council and Housing and Redevelopment Commission held16 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 givelo 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 2", and testimony to be received since the March 8, 2011 meeting and continued the matter for 24 deliberations to its joint special meeting of Tuesday, April 26, 2011; and 25 WHEREAS, staff completed and mailed the response letter, dated April 12, 2011, 26 to Mr. Ronald W. Rouse; and 27 WHEREAS, at the City Council and Housing and Redevelopment Commission 2g joint public hearing on April 26, 2011, the Planning Director requested additional time to 1 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and 2 Housing and Redevelopment Commission joint special meeting; and 3 WHEREAS, staff has completed further environmental analysis and included 4 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions, 5 3) Noise, and 4) Mandatory Findings of Significance; and 6 WHEREAS, additional mitigation measures were added and the MND/MMRP 7 document was re-circulated for a 30-day public review period; and 8 WHEREAS, the Planning Director rescheduled the application for the October 5, 9 2011 Planning Commission meeting for a new hearing for a recommendation to the City Council 10 and Housing and Redevelopment Commission; and 11 WHEREAS, two speakers provided public testimony: 1) Ivan Mendelson, general 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 1 n1' WHEREAS, the Planning Commission did adopt Planning Commission 18 Resolution No. 6819, recommending approval of the Redevelopment Permit RP 10-26; and 1Q WHEREAS, Planning Commission Resolution No. 6756 is superseded by 20 Planning Commission Resolution No. 6819; and 21 WHEREAS, the Housing and Redevelopment Commission of the City of 22 Carlsbad, on the 6th day of December , 2011, held a duly noticed public hearing to 23 consider the recommendation and heard all persons interested in or opposed to the project. 24 NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 25 Commission of the City of Carlsbad, California, as follows: 26 1. That the above recitations are true and correct. 27 28 -2- 1 2. That the recommendation of the Planning Commission for the approval of Redevelopment Permit RP 10-26 is approved and that the findings and 2 conditions of the Planning Commission contained in Planning Commission Resolution No. 6819, on file with the City Clerk and 3 incorporated herein by reference, are the findings of the Housing and Redevelopment Commission.4 "NOTICE TO INTERESTED PARTIES" 5 The time within which judicial review of this decision must be sought is governed 6 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 7 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 " 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 10 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 11 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 13 PASSED, APPROVED AND ADOPTED at a joint special meeting of the 14 Redevelopment Commission and City Council of the City of Carlsbad on the 6th day of December 2011, by the following vote, to wit: AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packard 17 NOES: None. 1 O ABSENT: None. 19 20 21 22 ATTEST: MATT H^LL, Chairman 23 r^?)Vv^ rTV-b?^ ^-^ c J" ••"'ESTABLISHED \V LISA HILDABRAND, Secretary (SEAL) ||! ^n If 24" 25 26 27 28 -3-