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HomeMy WebLinkAbout2025-02-04; City Council; CS-485; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE REQUIRING EXEMPTIONS TO THE CALIFORNIA ENVIRON... Exhibit 1 ORDINANCE NO. CS-485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE REQUIRING EXEMPTIONS TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BE CONSIDERED AND APPROVED BY THE DECISION-MAKING AUTHORITY RESPONSIBLE FOR DECIDING ON THE PROJECT WHEREAS, the California Environmental Quality Act, CEQA, is a California state law initially adopted in 1970 for the intended purpose of informing government decision makers and the public about the potential environmental effects of proposed activities and to avoid or reduce significant environmental impacts when it is feasible to do so; and WHEREAS, the laws and rules governing the CEQA process are contained in state CEQA statute (Public Resources Code, §§ 21000 et al.), CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et al.), published court decisions interpreting CEQA, and locally adopted CEQA procedures (Chapter 19.04 of the Carlsbad Municipal Code); and WHEREAS, a public agency must comply with CEQA when it undertakes an activity defined by CEQA as a “project.” A “project” is an activity that may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and is undertaken by a public agency, or a private activity that must receive discretionary approval from a public agency; and WHEREAS, every project that requires a discretionary governmental approval will require some level of environmental review pursuant to CEQA, unless an exemption applies; and WHEREAS, if a project fits within one of the specified exemptions, or has been determined not to have a significant effect on the environment, the project is exempt from further environmental review under CEQA; and WHEREAS, Carlsbad Municipal Code Section 19.04.060 currently requires the City Planner to determine whether a private or public project is exempted from the requirements of CEQA, and the City Planner’s decision is made before the decision-making body takes final action on the project; and WHEREAS on Sept. 24, 2024, the City Council directed the City Manager to return within 120 days with amendments to Chapter 19.04 to change the CEQA review process so that the determination of whether a project is exempt from CEQA will be made by the decision-making authority responsible for deciding on the project, instead of the current process which requires the City Planner to determine whether a CEQA exemption applies. Feb. 4, 2025 Item #7 Page 3 of 11 NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1.The above recitations are true and correct. 2.Title 19, Chapter 19.04, Section 19.04.030 of the Carlsbad Municipal Code is amended to read as follows: §19.04.030 City planner responsibilities. A.Unless otherwise specified in this code, the City Planner, or designee, is responsible for the general administration and implementation of this chapter. Whenever any notices, reports or documents are required or permitted to be filed, the City Planner shall be responsible for such filing unless otherwise provided in this title. Whenever this chapter or CEQA requires the city to make a determination or perform an act, and the person or body to make the determination or perform the act is not specified, then the City Planner shall have that responsibility, subject to appeal to the Planning Commission and City Council. The City Planner shall be responsible for the preparation of any environmental impact report ("EIR"), negative declaration, mitigated negative declaration or other related environmental documents required by this chapter. B.The City Planner may require an applicant for a city entitlement for any private project to submit data and information which may be necessary to determine whether the proposed project may have a significant effect on the environment. C.The City Planner, with the approval of the City Manager, may enter into a contract with a private consultant(s) to prepare or review all studies, reports, and other documents required or permitted by CEQA, the CEQA Guidelines, or other applicable laws or regulations, including those studies, reports, or other documents submitted by the project proponent or any other party. In all cases, the consultant shall enter into a contract with and shall be responsible directly to the city. All services shall be performed to the satisfaction of the City Manager, or designee. The cost for such consultant(s) shall be paid in advance of work performed, by the applicant. The applicant shall have no direct contact with the consultant unless approved by the City Planner or designee upon advice from the City Attorney. The consultant shall not be an employee or affiliate of the applicant. D.The City Planner may request assistance from any city department or unit, however titled, other governmental entities or the public as determined to be necessary to carry out these responsibilities. Such requests for assistance shall be promptly responded to. E.Prior to completing a negative declaration, mitigated negative declaration or draft EIR, the City Planner may consult directly with any person or organization the City Planner believes will be concerned with the environmental effects of the project. F.If the City Planner determines that a project is to be carried out or approved by one or more public agencies in addition to the city, the City Planner shall first determine which entity will be the lead agency. Feb. 4, 2025 Item #7 Page 4 of 11 G. Whenever the city is a responsible agency, the City Planner shall provide the information and responses to the lead agency which the City Planner deems necessary in order to comply with the statutory responsibilities of a responsible agency. 3. That Title 19, Chapter 19.04, Section 19.04.040 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.040 Board and commission responsibilities. A. When a city board or commission is the final decision-making body for a project, except for the possibility of appeal, it is the responsibility of the board or commission to make an environmental decision prior to approving, conditionally approving, or denying the project as described in the CEQA decision for the project. The environmental decision of the board or commission shall be final unless appealed to the city council in accordance with this Chapter. B. When the City Council is the final decision-making body for a project, but a city board or commission review of the project is required, it is the responsibility of the city board or commission to make a recommendation to the city council regarding the environmental decision, in accordance with CEQA, and make a recommendation regarding whether the project should be approved, conditionally approved, or denied. 4. That Title 19, Chapter 19.04, Section 19.04.050 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.050 City Council responsibilities. Unless a city official, city board or commission is the final decision-making body for a project, it is the responsibility of the City Council to hold a hearing on and make an environmental decision in accordance with CEQA prior to approving, conditionally approving, or denying the project. 5. That Title 19, Chapter 19.04, Section 19.04.060 of the Carlsbad Municipal Code is deleted. § 19.04.060 Reserved. 6. That Title 19, Chapter 19.04, Section 19.04.070 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.070 Exemption procedures. A. The following sections implement Section 15300.4 of the CEQA guidelines which requires the city to list those specific activities which fall within each of the following exempt classes: Feb. 4, 2025 Item #7 Page 5 of 11 1. Statutory Exemptions. Pursuant to Section 15260, statutory exemptions are those projects that the legislature has determined should be exempted from CEQA and which are found in various state statutes. These include ministerial projects, categorical exemptions and general rule exemptions. a. Ministerial Projects. Pursuant to Section 15369 of the CEQA guidelines, ministerial projects are those that involve little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. They involve the use of fixed standards or objective measurements. Projects in the city specifically deemed to be ministerial include all post-approval submittals in substantial conformance with the approval. Post-approval submittals include certified tentative subdivision maps, final maps, grading, landscape and improvement plans, CC&Rs and building plans. Other ministerial projects include final inspections, issuance of licenses, utility service connections and disconnections, city ordered brush clearance of nonsensitive areas in accordance with City of Carlsbad procedures and other similar actions for which no discretion exists that could create or avoid environmental impacts. b. Categorical Exemptions. Pursuant to Section 15300 of the CEQA guidelines, categorical exemptions are classes of projects determined not to have a significant effect on the environment which are therefore exempt. No clarifications or additions are necessary to Sections 15260 to 15285 and Sections 15300 to 15332 other than to specify that preliminary design work for capital improvement projects in the city and lot line adjustments (that do not increase density or intensity of use), within prescribed parameters, fall within Class 5, Section 15305 of the guidelines. c. General Rule Exemptions. In addition to all other statutory exemptions provided for in the Public Resources Code and state CEQA guidelines including ministerial projects and categorically exempt projects pursuant to Section 15061(b)(3) of the CEQA guidelines, general rule exemptions are defined as projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The following are specific actions considered not to have a significant effect pursuant to this provision: i. Minor zone or municipal code amendments that do not involve physical modifications, lead to physical improvements beyond those typically exempt, or which refine or clarify existing land use standards; and ii. Projects that are not specifically listed as categorical or statutory exemptions but exhibit characteristics similar to one or more specific exemptions. Feb. 4, 2025 Item #7 Page 6 of 11 B. Determination procedures. Preliminary determinations as to whether a statutory, categorical or general rule exemption is warranted are made by the City Manager, or designee, prior to or concurrent with notice of a complete application. Prior to project approval, the City Manager, or designee, shall prepare a notice of exemption, which shall be placed in the project file and be available for public review. Prior to final action by the decision-making body on the project, the notice of exemption shall be reviewed and certified by the appropriate decision-makers as part of the approval action. Written findings supporting the determination on the environmental status and shall be considered prior to approval of the project and be included on the notice of exemption. C. Exceptions. Even though a project may otherwise be eligible for an exemption, no exemption shall apply in the following circumstances: 1. Grading and clearing activities affecting sensitive plant or animal habitats, which disturb, fragment or remove such areas as defined by either the California Endangered Species Act (Fish and Game Code Sections 2050 et seq.), or the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.); sensitive, rare, candidate species of special concern; endangered or threatened biological species or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or archaeological or cultural resources from either historic or prehistoric periods; or 2. Parcel maps, plot plans and all discretionary development projects otherwise exempt but which affect sensitive, threatened or endangered biological species or their habitat (as defined above), archaeological or cultural resources from either historic or prehistoric periods, wetlands, stream courses designated on U.S. Geological Survey maps, hazardous materials, unstable soils or other factors requiring special review, on all or a portion of the site. 7. That Title 19, Chapter 19.04, Section 19.04.080 of the Carlsbad Municipal Code is deleted. § 19.04.080 Reserved. 8. That Title 19, Chapter 19.04, Section 19.04.090 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.090 Initial study. A. The responsible city department or a private applicant for a city entitlement shall submit to the City Planner a completed environmental impact assessment form and supporting environmental studies as an aid in evaluating environmental impacts. B. The City Planner, with assistance from city departments or unit, however titled, shall review each project for which an initial study form has been filed. Such requests for assistance shall be promptly responded to. If the City Planner makes a preliminary determination that the project is not Feb. 4, 2025 Item #7 Page 7 of 11 exempt from CEQA, the City Planner shall conduct an initial study to determine if the project may have a significant effect on the environment and determine the appropriate level of environmental review necessary. C. If it is determined that the project will have no significant impact on the environment, the City Planner shall prepare a negative declaration. D. If identified significant effects on the environment can be mitigated so that the project will have no significant effect on the environment, the City Planner may, with the applicant's agreement, by imposition of appropriate project conditions, agreements or other measures, including, but not limited to, revision or redesign of the project, require the mitigation of these effects. A mitigated negative declaration may then be issued for the project provided, however, that no step or element of the project which may have a significant effect on the environment may be satisfied or carried out unless the conditions intended to mitigate that effect have been implemented or assurances have been provided that the condition will be carried out and enforced. E. Except as otherwise provided in subsection D of this section, if it is determined that a project may have a significant impact on the environment, the City Planner shall prepare or cause to be prepared an EIR according to the requirements of CEQA. 9. That Title 19, Chapter 19.04, Section 19.04.100 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.100 Noticing of negative declarations and mitigated negative declarations. The City Planner shall prepare a notice of intent to adopt a negative declaration or a mitigated negative declaration when he or she finds, after the required initial study, that the project qualifies for a negative declaration or a mitigated negative declaration under the provisions of CEQA. The notice shall include a statement stipulating that comments on the environmental document from the public are encouraged. Notice of intent to adopt a negative declaration or a mitigated negative declaration shall be given in accordance with Sections 15072, 15205, and 15206 of the CEQA guidelines. Early tribal consultation is also required pursuant to Public Resources Code Sections 21080.3.1 and 21080.3.2. 10. That Title 19, Chapter 19.04, Section 19.04.110 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.110 Reserved. 11. That Title 19, Chapter 19.04, Section 19.04.120 of the Carlsbad Municipal Code is amended to read as follows: Feb. 4, 2025 Item #7 Page 8 of 11 § 19.04.120 Preparation of environmental impact report. A. If the City Planner determines that an environmental impact report is required for a project, the City Planner shall immediately send a notice of preparation (NOP) to all parties as provided in Public Resources Code Section 21080.4 or any successor statute and Sections 15082, 15083, 15086 and 15375 of the CEQA guidelines. Early tribal consultation is also required pursuant to Public Resources Code Sections 21080.3.1 and 21080.3.2. The City Planner shall cause the NOP to be sent to all property owners within 600 feet of the perimeter of the subject site. Additionally, the City Planner may send the NOP to all persons or organizations that he or she believes may have an interest in the proposed project or related issues. Notices for projects with potential impacts of regional significance shall be sent to adjacent cities. Notice of preparation shall also be given by publishing once in a newspaper of general circulation in the area where the project is located and mailing to all persons who have previously requested such notice. All notices of preparation shall be posted in conspicuous places accessible to the public as determined by the City Planner, shall be sent to the City Clerk and county clerk to be posted for a period of at least 30 days and shall be sent to the State Clearinghouse when appropriate. B. The City Planner shall provide public notice of availability of a draft EIR in accordance with CEQA guidelines Section 15087 and Public Resources Code Section 21092 concurrent with the notice of completion is filed. Copies of the draft EIR may be submitted for comment to any agencies and persons that the City Planner determines to be necessary. The draft report shall be mailed to the applicant and a copy shall be available to the public in the planning division. A copy shall also be furnished and made available to both public libraries until filing of the notice of determination by the city. C. At the same time, a notice of availability shall be posted in conspicuous places accessible to the public as determined by the City Planner and City Clerk. D. In addition to the notice required by state law, the City Planner may require any additional notice deemed necessary for the project and shall assess the cost to the applicant. 12. That Title 19, Chapter 19.04, Section 19.04.140 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.140 Public Hearing. Any time a public hearing is held on the decision to carry out or approve a project, the decision- making body shall also consider the CEQA issues. Notice of the hearing shall be given as provided in Section 21.54.060(A) of this code. At the hearing, the city board or commission or City Council shall hear staff comments on the notice of exemption or environmental document and may refer it back to staff for further investigation, information and analysis and/or for the inclusion of additional material if the decision-making body determines such to be necessary for a full and complete determination to Feb. 4, 2025 Item #7 Page 9 of 11 be made. The City Planner shall supplement the notice of exemption or environmental document if any significant points are raised at the hearing which have not previously been addressed. Copies of all environmental documents shall be made available for public review at the planning division. 13. That Title 19, Chapter 19.04, Section 19.04.140 of the Carlsbad Municipal Code is amended to read as follows: § 19.04.170 Appeals. A. Any challenge to the adequacy of a decision by the Planning Commission on an environmental decision under this chapter may be appealed to the City Council in accordance with the procedures set forth in Title 21, Chapter 21.54, Section 21.54.150. B. Notice of the hearing on appeal before the City Council shall be sent by first class mail to the applicant and to the appellant. C. Pending resolution of a timely appeal, decision on the project shall be stayed and no approval, lease, permit, license, certificate, or entitlement may be issued and no work may proceed. Required time limits to hear or act on any appeal of the CEQA clearance or the approval or appeal of any related project approvals shall automatically be extended as necessary to comply with this chapter. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Feb. 4, 2025 Item #7 Page 10 of 11 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 28th day of January, 2025, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of February 2025, by the following vote, to wit: AYES : Blackburn, Bhat-Patel, Acosta, Burkholder, Shin . NAYS: None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor 0i ' WillaA.tA Rnk m -1,0<_/ k/t-5HERRY FREISINGER, City Clerk IJ (SEAL)