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HomeMy WebLinkAbout1972-11-02; City Council; 1150; Environmental Protection Ordinance of 19721 2 3 4 5 6' 7 8 9 12 13 14 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 11 lo i I WHEREAS, the California Supreme Court on September 21, 1972 in the case of Friends of Mammoth, et al, vs. Board of Supervisors 24 25 26 27 15 16 17 18 19 28 21 22 23 28 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 30 31 32 5. Variance C. Special Use Permit D. Grading , Excavation, Fi 11 and Dredging Permi ts i e 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 -2- li 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 0 21 22 23 24 25 26 27 28 29 38 31 1 Director for his review and determination of whether or not the pro- 7. 8. 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. 1 2 determination. The decisions of the Planning Director are final' unless appealed. (d) The City Council may by resolution exempt other classes or cate- 3 31 32 I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (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. I ! t 11 (c) The applicant will be notified by mail of the Planning Director' 1 2 3 4 5 6 7 8 9 12 14 1E 1C 1: 21 2 2 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 1 2 3 4 5 6 7 8 9 10 11 12 12 14 1E 1C 1: 18 l! 2( 2: 21 2: 21 21 3 e 0 0 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- -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -7- ,. 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 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 -8- I 1: 1: 1: 14 1E 1C 17 1E 1s 2c 21 22 23 24 25 26 27 28 29 30 31 32 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 -9- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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