HomeMy WebLinkAbout1972-11-02; City Council; 1150; Environmental Protection Ordinance of 19721
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ORDINANCE NO. 1150
AN EMERGENCY ORDINANCE as an Urgency Measure of the City
Council of the City of Carlsbad, California to provide for proce-
dures to implement the Environmental Quality Control Act of 1970.
WHEREAS, this ordinance is adopted pursuant to the authority
vested in the City of Carlsbad by the terms of California Government
Code Sections 36934 and 36937; and
WHEREAS, the California Legislature has enacted the Environ-
mental Quality Control Act of 1970; and
of Mono County et al, interpreted said Act as being applicable to
private projects for which a City permit or other entitlement is
necessary; and
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WHEREAS, the California Supreme Court on September 21, 1972
in the case of Friends of Mammoth, et al, vs. Board of Supervisors
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WHEREAS, the City of Carlsbad currently does not have any
procedures providing for the implementation of said Act to said proj-
ects; and
WHEREAS, the City Council of the City of Carlsbad has deter-
mined that the immediate preservation of the public peace, health,
safety, and welfare urgently requires the adoption of an ordinance
to be effective immediately to provide procedures for complying with
the requirements of said Act;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Carlsbad, California, as follows:
SECTION 1. Applicant. This ordinance shall be known as the
"City of Carlsbad Environmental Protection Ordinance of 1972" and
shall apply to all permits, licenses, approvals, or other entitle-
ments for any of the following activities:
A. Zone Change 29 /I
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5. Variance
C. Special Use Permit
D. Grading , Excavation, Fi 11 and Dredging Permi ts
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E. Street Improvement Permit
F. Building Permit
G. Approval of Specific Plans or Precise Plans
H. Approval of Planned Developments and Planned Unit
Developments.
I. Tree Removal Permits (in the public right-of-way)
3. Approval or Execution by the City of Carlsbad of any
Encroachment or License Permit
K. Conditional Use Permits
L. Community Redevelopment Projects
M. Parcel Maps
N. Supplemental Use Districts
0. Drill Sites Within Any Oil or Water Drilling District
P. Sewer and Water Connections.
Q. Advertising Signs & Structures
R. Tentative Subdivision Maps
S. Any other private activity which requires a City
entitlement which could have an effect on the environ-
ment
SECTION 2. Prohibition. No permit, license, approval or
other entitlement shall be given for any of the items listed in
Section 1 until the requirements of this ordinance have been ful-
filled.
SECTION 3. Referral of Au.lication - Director's Eqdorsement.
The City Planning Director is responsible for the enforcement of this
ordinance. No permit, license or other entitlement shall issue for
any of the activities listed in Section 1 until the activity receives
an endorsement from the Planning Director that the requirements of
this ordinance have been satisfied.
All City departments responsible for the issurance of a per-
mit, license, or other entitlement for any of the activities listed
in Section 1 shall refer any applications therefor to the Planning
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1 Director for his review and determination of whether or not the pro-
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Additions and alterations to existing residences.
Utility connections not involving extension of existing
mains.
9. Parcel Splitsin R-1 zones in developed areas.
(a) The Planning Director shall determine whether or not a parti-
cular activity is within one of the above exceptions.
determines he shall execute a declaration of negative environ-
mental effect. Such declaration shall be posted for five (5)
business days on a bulletin board located in the public portion
of the Planning Department. Such declaration shall contain the
name of the applicant, the address or location of the proposed
If he so
posed activity is subject to the provisions of this ordinance.
SECTION 4. Exceptions. The following activities are deter-
mined to be in most cases of trivial and insignificant effect on the
environment and are exempted from the provisions of this ordinance:
1. Accessory structure to any existing structure or mobile
home, such as residential swimming pools, fences, patios,
carports, etc.
2. Interior improvements or a1 terations within any existing
structure.
3. Conventional single family dwellings in established,
devel oped areas on normal bui 1 ding sites.
Construction pursuant to a subsidiary permit (e.g. mechan-
ical, plumbing, electrical) where the principal permit has
heretofore been issued.
4.
5. Building permits in a developed industrial or commercial
zone where the proposed use meets all of the environmental
standards established by code for such zone and no new
streets, utilities, or other improvements are required.
6. Lot line adjustments.
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determination. The decisions of the Planning Director are final'
unless appealed.
(d) The City Council may by resolution exempt other classes or cate-
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(b) The Planning Director may determine that, notwithstanding the
fact that the activity is within an exception, it may have a
significant effect on the environment for reasons such as:
scope or scale of the activity, proximity to the beach, prox-
imity to a lagoon, proximity to a flood plain or any other rea-
son which in the judgment of the Director may involve a matter
of environmental significance. If he so determines the nega-
tive declaration will not be executed and the activity will be
subject to the ordinance.
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t 11 (c) The applicant will be notified by mail of the Planning Director'
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ear the appeal may approve*
or disapprove t negative dec1ara-
determination of
iance and will
with other appl icabl E
nation of in-
Environmental
that activit
ietermination
otect life and property dur-
within 12 months.
1, not otherwisc
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e
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ient information
irector to determine whether or not the activi
?e appl icant may ve a significant e feet On the environment*
le Planning Director may require the applicant to furnish to a
easonable extent any other information he dete
ary to said determination.
roposed by
ines to be neces-
SECTION 8.
he Planning Dire
fficers as a
been filed. He shall
valuate all info
ine whether or n
cant effect on the environment.
ution adopt guidelines which shall be followed by the Director
n making said determination.
ty may have a significant impact on the enviro
iental Impact Report will beprepared and processed as provided in
;his ordinance.
Inly a trivial or insignificant impact on the environment, the
Iirector shall execute and post a declaration of Negative Environ
nental Effect as provided in Section 4.
In addition, public notice of said determination shall
The City Council shall by reso-
If it i determined that the activ
nt, an Environ-
If it is determined that the project will h
published in a newspaper of general
Carlsbad at least once during the posting period. The applicant
shall be notified in writing by ma Director' decision*
The decision is final unless appea
A negative impact determination will result, in the absence of ar
appeal, in the execution by the Director of the Endorsement of
Compliance.
the other applicable or dinances of the City of Carlsbad
in the City Of
The activity will then be processed in accord with
SECTION 9. Appeal. The determination of the Director ma:
be appealed by any interested party to the City anni ng Commi s-
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sion. Appeals shall be filed with the Director accompanied by a
fee of $50.00 within ten (10) days of the mailing of the Direc-
tor's decision or expiration of the period for posting of the
negative declaration whichever is later. The Director shall mail
a notice of hearing to the applicant, post a notice on the Counci'
Chamber door, and publish it in a paper o general circulation in
the City at least ten (10) days prior to the date of the hearing.
The Planning Commission may approve, conditionally approve, modi-
fy, or disapprove the negative declaration or th irector's de-
cision.
The decision of the Commission shall be mailed to the
applicant within ten (10) days of the hea g. The decision may
be appealed t the City Council within ten (10) days thereafter
and is final unless so appealed. Appeal to the City Council shal-
be processed in accord with Se
final decision for the negative declaration will consti-
ndorsement of Compliance. A final decision finding a
potential significant environmental effect will require prepara-
tion of an Environmental Impact Report.
SECTION 10. Preparation of .Envi,-ronmental Impact Report.
Environmental Impact Reports shall be prepared by the Planning
Director. The applicant shall prepare and submit a draft Environ-
mental Impac Report to the Director which shall be used, together
with the Environmental Impact Assessment form and other relevant
information in the preparation of a preliminary report. The City
Council shall by resolution adopt policies, guidelines and regula-
tions relating to the preparation of draft Environmental Impact
Reports. Applicants shall comply with said resolution. The Planr
ing Director may require th plicant to submit to a reasonable
extent additional he completion the
report. He may call for assi m other departments, other
governmental entities and th determines necessary
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to a full and complete report. The Planning Director, when all
information is on file, shall prep nary Environmental
Impact Report.
SECTION 11. . The preliminary report
shall be mailed to the applicant and a copy shall be available to
the public. Notice of completion of the report shall be posted on
the Council Chamber door and notice thereof shall be published at
in a newspaper of general irculation in the City of
Carlsbad. The public copy of the re t shall be available for
ten (10) days after the giving of said notice.
The Director will accept written comments on or objections
to the report during e period of public availability. After the
expiration of the ten (10) day peri , the Director shall prepare
the Environmen t. The Council may by resolution
prescribe guid report. The report 11 include and
take into consideration all the ed and any public in-
put received.
the P1
SECTION 12. Planning Commission Hearing. The final En-
vironmental Impact Report shall be forwar o the Secretary of
anning Commission. The Sec set the matter for
hearing on the Commission agenda. Notice of the date of the hear-
be mailed to the a icant, posted on the Council Cham-
ber door and published onc a newspaper of general circulation
ten (10) days prior to the date of the hearing,
The Commission shall make a report and recommendation on
the activity to the City Council.
SECTION 13. Consolida-tion. The, Planning Commission may
consolidate a hearing on an Environmental Impact Report with any
other hearing held by the Commission on the same activity. In
such case the Commission shall fully consider the report before
taking acti on the other aspects of the activity before them.
SECTION 14. Notice of Council Hearing The City Clerk
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n a newspaper
15. Council Hearing. The
he Environmental Imp
ated with any other Coun
Itherwise act
;o the ordinance, and for the processi eport or app
;hereunder.
;ices of appeal, notices of hearings, and other notices resulting
‘rom this ordinance to any individual r group who files a writter
*equest th Such requests shall be made annually.
If $60.00 shall accompany each such
SECTION 18.
‘he Planning Directo
;ions on a tinuing basis to any individual or gr
ng in writing. Such requests shall be made nually and shall
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aside, void or
r proceeding is
y or unreasonableness of such de-
of this ordinance.
. The term
her action in respect to the
the Environmental