HomeMy WebLinkAbout2015-09-22; City Council; Resolution 2015-2425
EXHIBIT 1
1 RESOLUTION NO. 2015-242
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR 13-02) AND ADOPTING FINDINGS OF FACT, A
4 STATEMENT OF OVERRIDING CONSIDERATIONS, AND A
MITIGATION MONITORING AND REPORTING PROGRAM FOR A
COMPREHENSIVE GENERAL PLAN UPDATE (INCLUDING A HOUSING
g ELEMENT UPDATE), A CLIMATE ACTION PLAN, AND ASSOCIATED
AMENDMENTS TO THE ZONING ORDINANCE, ZONING MAP, LOCAL
7 COASTAL PROGRAM, AND CITYWIDE FACILITIES AND
IMPROVEMENTS PLAN.
8 CASE NAME: GENERAL PLAN UPDATE
CASE NO.: EIR 13-02
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The City Council of tiie City of Carlsbad, California, does iiereby resolve as follows:
11 WHEREAS, pursuant to the California Environmental Quality Act ("CECJA"), Public
12 Resources Code Section 21000, et seq., and its implementing regulations ("CEQA Guidelines"),
14 California Code of Regulations Section 15000, et seq., tlie City of Carlsbad prepared a Draft
Environmental Impact Report (SCH # 2011011004) ("Draft EIR") forthe project which was made
available for public review and comment as required by law beginning on April 4,2014 and ending
on June 20, 2014; and
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WHEREAS, in response to comments on the Draft EIR, the City of Carlsbad
19 prepared a Recirculated Portions of Draft Environmental Impact Report ("Recirculated Draft EIR")
20 for the project which was made available for public review and comment as required by law
beginning on March 20, 2015 and ending on May 4, 2015; and
WHEREAS, the City of Carlsbad received comments concerning the Draft EIR and
Recirculated Draft EIR from public agencies, organizations and individuals, and pursuant to CEQA
Guidelines section 15088, the City of Carlsbad prepared responses to all written comments
received on the Draft EIR and Recirculated Draft EIR which raised environmental issues; and
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27 WHEREAS, the City of Carlsbad has determined that the comments received on
28 the Draft EIR and Recirculated Draft EIR did not contain any significant new information within
the meaning of CEQA Guidelines section 15088.5 and, therefore, recirculation of the Draft EIR
and Recirculated Draft EIR is not required; and
WHEREAS, the City of Carlsbad has prepared a Final Environmental Impact Report
("Final EIR 13-02") which contains the information required by CEQA Guidelines section 15132,
6 including the Draft EIR and Recirculated Draft EIR and the revisions and additions thereto, the
^ technical appendices and referenced documents, and the public comments and the city's
responses thereto, and which has been filed with the Clerk of the City of Carlsbad; and
WHEREAS, pursuant to CEQA Guidelines sections 15091, 15093 and 15097, the
City of Carlsbad has prepared Findings of Fact, a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program, which have been filed with the Clerk ofthe City
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13 of Carlsbad; and
14 WHEREAS, all materials with regard to the project were made available to the
15 Planning Commission and City Council ofthe CityofCarlsbad for review and consideration ofthe
project including, but not limited to: the Final EIR 13-02, Findings of Fact, Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program; all reports, applications,
memoranda, maps, letters and other planning documents prepared by the planning consultant,
the environmental consultants, and the City of Carlsbad that are before the city decision makers;
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21 all documents submitted by members ofthe public and public agencies in connection with the
22 EIR 13-02; minutes of all public meetings and public hearings; and matters of common knowledge
23 to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General
Plan, Carlsbad Zoning Ordinance, Carlsbad Local Coastal Program, Carlsbad Growth Management
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Plan, Carlsbad Citywide Facilities and Improvements Plan, and Carlsbad Climate Action Plan; and
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WHEREAS, the City Council did on July 18, 2015 hold a duly noticed joint public
hearing with the Planning Commission, as prescribed by law to receive a staff presentation and
public testimony regarding the Final EIR 13-02 and said project; and
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5 WHEREAS, the City Council adjourned their public hearing on July 18, 2015 and
6 the Planning Commission continued their public hearing on July 22, 23 and 24, 2015, as
prescribed by law to consider the Final EIR 13-02 and said project; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 7111 recommending that the City Council certify Final EIR 13-02, and adopted Planning
Commission Resolutions No. 7112, 7113 and 7114 recommending approval ofsaid project; and
WHEREAS, the City Council did on September 22, 2015 hold a duly noticed public
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23 hearing as prescribed by law to consider the Planning Commission's recommendation to certify
14 Final EIR 13-02 and approve said project; and
15 WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments and examining the Final EIR 13-02 (Exhibit lA of Planning Commission Resolution No.
7111, on file with the City Clerk and incorporated by this reference), Findings of Fact and
Statement of Overriding Considerations (Exhibit IB of Planning Commission Resolution No. 7111,
on file with the City Clerk and incorporated by this reference), and a Mitigation Monitoring and
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21 Reporting Program (Exhibit IC of Planning Commission Resolution No. 7111, on file with the City
22 Clerk and incorporated by this reference), analyzing the information submitted by staff and
23 considering any written and oral comments received, the City Council considered all factors
relating to the Final EIR 13-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, as follows:
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1. The foregoing recitations are true and correct.
2. Final EIR 13-02 consists ofthe EIR, technical appendices, written comments
and responses to comments, revisions to the Draft EIR and Recirculated Portions ofthe Draft EIR,
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5 revisions to the draft General Plan, and revisions to the draft Climate Action Plan, as amended to
6 include the comments and documents of those testifying at the public hearing and responses
^ thereto, and is hereby found to be in good faith and reason by incorporating a copy of the
minutes of said public hearing into the Final EIR 13-02, all on file with the City Clerk and
incorporated by this reference.
3. Chapters 4 and 5 of Final EIR 13-02 are amended to incorporate the
recommendations ofthe Planning Commission, as identified in Planning Commission Resolution
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13 No. 7111, on file with the City Clerk and incorporated herein by reference.
14 4. Final EIR 13-02 is adequate and provides reasonable information on the
project and all reasonable and feasible alternatives thereto, including no project.
5. The findings of the Planning Commission contained in Planning
Commission Resolution No. 7111, on file with the City Clerk and incorporated herein by
reference, are the findings ofthe City Council.
6. Final EIR 13-02 (Exhibit lA of Planning Commission Resolution No. 7111,
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21 on file with the City Clerk and incorporated by this reference), amended and evaluated as stated
22 above, is certified; and the Findings of Fact and Statement of Overriding Considerations, and
23 Mitigation Monitoring and Reporting Program (Exhibits IB and IC, respectively, of Planning
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Commission Resolution No. 7111, on file with the City Clerk and incorporated by this reference),
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are adopted.
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7. This action is final on the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
"NOTICE"
6 The time within which judicial review ofthis 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
9 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
10 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
11 the preparation ofthe record ofthe 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 Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 22"'' day of September 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
ATT HALL, Mayor MA
ATTEST:
BARBARA ENGLESOltcity Clerk
(SEAL)