HomeMy WebLinkAbout1973-04-18; City Council; 1158; CMC 19.04 adds - Environmental protection proceduresh
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ORDINANCE NO. 1158
Title 19 ENVIRONMENT
Chapter 19.04
ENVIRONMENTAL PROTECTION PROCEDURES
Sections :
19.04.010 Title 19 .O4.O20 Purpose 19.04.030 Pol icy 19.04.040 Definitions 19 .O4.O50 Application 19.04.060 Prohibition 19.04.070 Enforcement - Director's Endo-rsement 19.04.080 Exceptions 19.04.090 Categorical Exemptions 19.04.100 Exception and Exemption - Director 's Fi ndi ng 19.04.1 10 Environmental Impact Assessment 19.04.120 Evaluation of Environmental Impact A s s e s s me n t 19.04.7 30 Negative Declaration 19.04.140 Appeal 19.04.150 Decisibn to Prepare an Environmental
19.04.160 Preparation of Environmental Impact Report 19.04.170 Draft Environmental Impact Report 19.04.175 Notice of Completion 19.04.180 Environmental Impact Report 19.04 185 Planning Commission Hearing 14.04.190 City Counci 1 Hearing 19.04.200 Consol idation 19.04.210 Standard of Review 19.04.21 5 Notice of Determination 19.04.220 Extensionrof Time for Review 19.04.230 Request for Environmental Documents 19.04.240 Retention of Public Comments 19.04.250 Cost of Reports - Fee Schedule
Impact Report
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING ORDINANCE NUMBERS 1150, 1151, 1154 AND 1155 AND REINACTING THE SUBSTANCE OF THE PROVISIONS OF SAID ORDINANCES AS TITLE 19, CHAPTER 19.04, SECTIONS 19.04.010 THROUGH 19.04.300 INCLUSIVE, OF THE CARLSBAD MUNICIPAL CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS AS NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY CONTROL ACT OF 1970 AS AMENDED AND THE GUIDELINES FOR IMPLEMENTATION THEREOF ISSUED BY THE RESOURCES AGENCY OF CALIFORNIA.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1. Title 19, Chapter 19.04, is hereby added to
the Carlsbad Municipal Code to read as follows:
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19.04.260 Mailing of Not ce on Request - Clerk 19.04.270 Mailing of Not ce on Request - Planning
19.04.280 Limitation of ime for Bringing Legal
19.04.290 Planning Director - Representatives 19.04.300 Interpretation - State Guidelines
Director
Action
19.04.010 Title. This Chapter shall be known as "The
ity of Carlsbad Environmental Protection Ordinance of 1972."
19.04.020 Purpose. The purpose of this Chapter is to
stablish principles, objectives, criteria, definitions and
rocedures to be used in the implementation of the California
nvironmental Quality Act of 7970 as amended and the state
uidelines issued pursuant thereto by the Resources Agency in
Jrder to evaluate public and private projects in an orderly
lanner including the preparation and evaluation of environmental
impact reports when necessary.
19.04.030 Policy. The California Legislature has declared
that every citizen has a responsibility to contribute to the
)reservation and enhancement of the environment and has further
jeclared it to be their intent that the City regulate its own
ictivities and those activities of others under City jurisdiction
in such a manner as to insure that major consideration is given
to preventing environmental damage. It is the policy of the
:ity of Carlsbad to give full effect to the Legislature's
declarations and to:
a. Develop and maintain a high-quality environment now
md in the future, and take all action necessary to protect
rehabilitate, and enhance the environmental quality of the City.
b. Take all action necessary to provide the people of
this City with cleqn air and water, enjoyment of aesthetic,
natural, scenic, and historic environmental qualities, and
freedom from excessive noise.
c. Prevent the elimination of fish or wildlife species
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iue to man's activities, insure that fish and wildlife popula-
tions do not drop below self-perpetuating levels, and preserve
for future generations representations of all plant and
snimal communities and examples of the major periods of
California history.
d. Ensure that the long-term protection of the environment
shall be a guiding criterion in public decisions.
e. Create and maintain conditions under which man and
nature can exist in productive harmony to fulfill the social
and economic requirements of present and future generations.
f. Develop standards and procedures necessary to protect
environmental quality.
g. Consider qualitative factors as well as economic and
technical factors and long-term benefits and costs, in addition
to short-term benefits and costs and to consider alternatives
to proposed actions adversely affecting the environment.
19.04.040 Definitions. Whenever the following words are
used in this Chapter, unless otherwise defined, they shall have
the meaning ascribed to them in this section,
a. "ApprovalIi means the decision by the City which
commits the City to a definite course of action in regard to a
project intended to be carried out by any person. The exact
date of approval of any project is a matter determined by
the rules, regulations, and ordinances applicable thereto. In
connection with private activities, approval occurs upon the
earliest commitment to issue or the issuance by the City of a
discretionary contract, grant, subsidy, loan, or other form of
financial assistance, lease, permit, license, certificate, or
other entitlement for use of the project.
b. "Categorical Exemption" means an exception from the
requirement for the preparation of an environmental impact report
for a class of projects based on a finding by the City Council
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that the class of projects does not have a significant effect
on the environment.
C. "Discretionary Project" means an activity defined as
a project which requires the exercise of judgment, deliberation,
or decision on the part of the City in the process of approving
or disapproving a particular activity, as distinguished from
situations where the City merely has to determine whether there
has been conformity with applicable statutes, ordinances, or
regulations.
d. "Emergency" means a sudden and catastrophic calamity
caused by an occurrence or combination of occurrences of
statewide or local impact, such as fire, flood, earthquake or
other natural disaster, riot, war, accident, or sabotage.
e. "Environment" means the social, economic and physical
conditions which exist in the area which will be affected by a
proposed project including, but not limited to, land, air,
water, minerals, flora, fauna, ambient noise, objects of historic
or aesthetic significance, traffic patterns, and public or
private services.
f. "Environmental Impact Report" means a detailed
statement setting forth the environmental effects and considera-
tions pertaining to a project as specified in Section 21100 of the
Ca'lifornia Environmental Quality Act.
g* "Feasible" means capable of being accomplished in a
successful manner by reasonably available, economic, and
workable means.
h. "Lead Agency" means the public agency which has the
principal responsibility for carrying out or approving a project
which may have a significant effect on the environment where
more than one public agency is involved with the same underlying
activity.
i. "Ministerial Projects'' as a general rule, include those
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2- activities defined as projects which are undertaken or approved
7/i or regulation may require, in some degree, a construction of its
2 by City decision which is made upon a given state of facts
in a prescribed manner in obedience to the mandate of legal
authority. With these projects, the City must act upon the given
facts without regard to its own judgment or opinion concerning
k. "Notice of Completion" means a brief report filed
61 the propriety or wisdom of the act although the statute, ordinance,
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n. "Project" means the whole of an action, resulting in
language by the City.
j. "Negative Declaration'' means a statement by the City
intending to carry out or approve a project that the project,
although not categorically exempt, would not have a significant
effect on the environment and, therefore, does not require an
Environmental Impact Report.
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with the Secretary for Resources as soon as the City has
completed a draft Environmental Impact Report and is prepared
to send out copies for review.
1. "Notice of Determination" means a brief notice to be
filed by the City when it approves or determines to carry out
a project which is subject to the requirements of this Chapter.
m. "Person" includes any person, firm, association,
organization, partnership, business, trust, corporation, company,
district, county, city and county, city, town, the state,
and any of the agencies' political subdivisions of such entities.
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and related activities, clearing or grading of land,
improvements to existing public structures, enactment and
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General Plans or elements thereof.
2. An activity undertaken by a person which is
supported in whole or in part through City contractsg
grants, subsidies, loans, or other forms of assistance
"Project" does - not include:
1. Anything specifically exempted by state law.
I 2. Proposals for legislation to be enacted by
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policy and procedure making (except as they are applied
to specific instances covered above), feasibility or
the State Legislature,
3. Continuing administrative or maintenance activities
planning studies.
4. The submittal of proposals to a vote of the
people of the state or of a particular community.
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0. "Public Agency" includes any state agency, board or
commission and any local or regional agency, as defined in these
guidelines.
term does not include agencies of the federal government.
It does not include the courts of the state. This
P* "Responsible Agency" means the public agency which
proposes to undertake or approve a project and is responsible
for making a negative declaration or for the preparation of an
Environmental Impact Report.
9. "Significant Effect" means a substantial adverse
impact on the environment.
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19.04.050 Application, This Chapter shall apply to all
projects in the City of Carlsbad and to all permits, licenses,
Ipprovals, or other entitlements for any of the following:
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Zone change and zone code amendments
Variance
Approval of master plans, specific plans or precise
plans
Approval of planned developments, planned unit develop-
ments and planned community developments
Conditional or special use permits
Community redevelopment projects
Parcel maps
Supplemental use districts
Drill sites within any oil or water drilling district
Tentative subdivision maps
Grading, excavation, fill and dredging permits
Any other private activity which requires a City
entitlement which could have an effect on the
environment.
19.04.060 Prohibition. No permit,license, approval or other
entitlement shall be given for any project or for any items listed
in Section 19.04.050 nor shall any project be undertaken by the
City until the requirements of this Chapter have been fulfilled.
19.04.070 Enforcement - Director's Endorsement. The City
Manager is responsible for the enforcement of this Chapter. No
permit, license or other entitlement shall issue for any project
until the project receives an endorsement from the City
Planning Director that the requirements of this Chapter have
been satisfied. All city departments responsible for the
issuance of a permit, license or other entitlement for any
project shall refer any applications therefor to the Planning
Director for his review and determination of whether or not the
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*equirements of this Chapter have been satisfied. The City
lanager shall insure that all prajects undertaken by the City
ire first processed in accord with the requirements of this
Ihapter.
19.04.080 Exceptions,
a. Ministerial Projects. All ministerial projects are
2xcepted from the requirements of this Chapter. Included within
the definition of ministerial projects are the issuance of
iuilding permits and business licenses and the approval of
Final subdivision maps and individual utility service connections
ind disconnections.
b. Emergency Projects. The following emergency projects
ire excepted from the requirements of this Chapter.
1. Projects undertaken, carried out, or approved
by a public agency to maintain, repair, restore, demolish
or replace property or facilities damaged or destroyed as
a result of a disaster in a disaster stricken area in which
a state of emergency has been proclaimed by the Governor
pursuant to law.
2. Emergency repairs to public service facilities
necessary to maintain service.
3. Projects undertaken as immediate action
necessary to prevent or mitigate an emergency.
c. Feasibility and Planning Studies. A project involving
only feasibility or planning studies for possible future actions
which the agency, board, or commission has not approved, adopted,
or funded does not require the preparation of an Environmental
Impact Report but does require consideration of environmental
factors as required by Section 21102 of the Public Resources Code.
d. Prior Compliance. The Planning Director may exempt a
project from the requirements of this Chapter in those cases
where the project has already been processed in accord therewith
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in connection with swne other permit, license, or entitlement
for the same project and if he determines that no additional
environmental effects are involved or could result from that
project.
e. Lead Agency. Any project which has been processed
by another public agency acting as a lead agency under the
provisions of the Guideli'nes issued by the Resources Agency
shall be excepted from the requirements of this Chapter. If
an Environmental Impact Report was prepared by the lead agency
it shall be considered by the City prior to acting on the project.
f. Ongoing Project, Any project which qualifies as an
ongoing project under the' state Guidelines and would be
exempted from the Environmental Impact Requirement thereby
may be exempted by the Planning Director from the requirements
of this Chapter.
19.04.090 Categorical Exemptions. The following classes
of projects are determined in most cases not to have a significant
effect on the environment and shall, therefore, be exempt from
the requirements of this Chapter.
a. The operation, repair, maintenance or minor alteration
of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or
no expansion of use beyond that previously existing, including
but not limited to:
1. Existing facilities of both investor, and
publicly owned utilities used to convey or distribute
electric power, natural gas, sewage, etc.;
2. Existing highways and streets (within already
established rights-of-way) sidewalks, gutters, bicycle
and pedestrian trails, and similar facilities;
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or damaged structures, facilities or mechanical equipment to 32
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meet current standards of public health and safety,
unless it is determined that the damage was substantial
and resulted from an environmental hazard such as earthquake,
landslide or flood;
4. Addition of safety or health protection devices
for use during construction of or in conjunction with
existing structures, facilities or mechanical equipment,
or topographical features (including navigational devices)
where these devices do not have or result in an adverse
environmental impact;
5. New copy on existing on and off-premise signs;
6. Maintenance of existing landscaping, native
growth and water supply reservoirs (excluding the use of
economic poisons, as defined in Division 7, Chapter 2,
California Agricultural Code);
7. Maintenance of wildlife habitat areas, artificial
wildlife waterway devices, streamflows, springs and
waterholes, and stream channels (clearing of debris) to
protect fish and wildlife resources;
8. Division of existing multiple family rental
units into condominiums;
9. Demolition and removal of buildings and
related structures except where they are of historical,
archaeological or architectural consequence as officially
designated by federal, state or local governmental action.
b. Installation of new equipment and facilities for
water main, sewage, electrical, gas and other utility extensions
of reasonable length to serve new construction of small
structures as defined in the state Guidelines unless the
cumulative impact of successive installations of the same type
in same place over time is significant.
c. Minor public or private alterations in the condition 32
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areas of fish production facilities which result in
improvement of habitat for fish and wildlife resources or
greater fish production.
3. Minor temporary uses of land having negligible
or no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc.
1. New gardening or landscaping but not including
tree removal.
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2. Minor alterations in land, water and vegetation
on existing officially designated wildlife management
facilities such as on-premise signs or small parking lots.
19.04.100 Exception and Exemption - Director's Finding,
The Planning Director shall determine whether or not a particular
project is within one of the Exceptions or Exemptions. If he
determines that an exemption or exception applies he shall issue
an Endorsement of Compliance. The Planning Director may
determine, notwithstanding the fact that a project may be within
an exemption or exception, that it may have a significant effect
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activity; proximity to the beach; proximity to a lagoon;
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4. Minor alterations in land use limitations, except
zoning, including but not limited to:
(i) Minor lot line adjustments, side yard and
set back variances not resulting in the
creation of any new parcel or in any
change in land use or density;
(ii) Issuance of minor encroachment permits.
(iii) Parcel splits in R-1 zones in developed
areas.
5. Construction or placement of minor appurtenances
to existing commercial, industrial, or institutional
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1 proximity to a flood plain or any other reason which in the
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,judgment of the Director may involve a matter of environmental
significance. If he so determines the endorsement will not
issue and the project will be processed in accord with this
Chapter. The applicant will be notified by mail of the
Planning Director's determination not to issue the endorsement.
The decisions of the Planning Director are final unless appealed
as provided in this Chapter.
19.04.110 Environmental Impact Assessment. If the project
is not within one of the categorical exemptions and does not
qualify for an exception, the Planning Director shall conduct
an initial study to determine if the project may involve a
significant environmental effect. The responsible city depart-
ment or the private applicant for a city entitlement shall
submit to the Planning Director a completed Environmental Impact
Assessment form as an aid to such study. The City Council shall
adopt by resolution a form which will solicit sufficient
information regarding the project to allow the Planning Director
to determine whether or not the project may have a significant
effect on the environment. The Planning Director may require
the applicant to furnish, to a reasonable extent, any other
information he determines to be necessary to said determination.
19.04.120 Evaluation of Environmental Impact Assessment.
The Planning Director with assistance from other departments
or city staff as appropriate shall review each project for
which an Environmental Impact Assessment Form has been filed.
He shall evaluate all information regarding the project and
shall determine whether or not the project as proposed may
involve a significant effect on the environment. The City
Council shall by resolution adopt guidelines which shall be
followed by the Director in making said determination, If it
the environment, an Environmental Impact Report will be
prepared and processed as provided in this Chapter.
determined that the project will have only a trivial or insignifi-
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effect on the environment. The declaration shall include the
name of the applicant, the address or location of the proposed
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cant impact on the environment, the Director shall execute and
post a Negative Declaration as provided in Section 19.04.130.
The responsible person shall be notified in writing by mail
of the Director's determination. The decision is final unless
appealed. A Negative Declaration, when final, will result in
the execution by the Director of the Endorsement of Compliance.
19.04.130 Negative Declaration. The Planning Director
shall prepare a Negative Declaration when he finds, after the
required inquiry, that the project will have no significant
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project, a description of the project as proposed, and the
Director's finding that the project will not have a significant
effect on the environment. Such declaration shall be posted
for five (5) business days on a bulletin board located in the
public portion of the Planning Department, shall be published
once during the posting period in a newspaper of general
circulation in the City and a copy shall be filed with the
County Clerk.
19.04.140 Appeal. Any determination of the Planning
Director or the Negative Declaration may be appealed by any
interested party to the City Planning Commission. Appeals shall
be filed with the Director, accompanied by a fee of $50.00,
within ten (10) days of the mailing of the Director's decision
or within five (5) days of the expiration of the period for
posting of the Negative Declaration whichever is later. The
Director shall mail a notice of hearing on the appeal to the
applicant and the appellant,post a notice on the Council
Chamber door, and publish it in a paper of general circulation
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n the City at least ten (10) days prior to the date of the
earing. The Planning Commission shall hear the appeal and
ay approve, conditionally approve, modify, or disapprove the
egative Declaration or the Director's decision,
The decision of the Commission shall be mailed to the
pplicant and the appellant within ten (10) days of the hearing.
he Commission's decision may be appealed by any interested
larty to the City Council. The appeal shall be made in writing
.o the City Clerk within ten (70) days of the mailing of the
iecision of the Planning Commission.
laid to the City Clerk at the time the appeal is filed. The
,lerk shall mail a notice of hearing upon the appeal to the
Ipplicant and to the appellant, post one on the Council Chamber
loor and publish it once in a newspaper of general circulation
n Calrsbad at least ten (10) days before the hearing date.
A fee of $50.00 shall be
The City Council shall hear the appeal and may approve,
:onditionally approve, modify, or disapprove the decision of
;he Planning Commission. The decision of the City Council is
'i nal .
A final decision for the Negative Declaration or an exception
)r exemption will constitute an Endorsement of Compliance. A
Final decision finding a potential significant environmental
2ffect will require preparation of an Environmental Impact
ieport. A final decision not to exempt or except a project
shall require that such project be processed in accord with the
provisions of this Chapter.
19.04.150 Decision to Prepare an Environmental Impact Report,
If the Planning Director finds after the required inquiry that
a project may have a significant effect on the environment he
must prepare or cause to be prepared an Environmental Impact
Report.
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19.04.160 Preparation of Environmental Impact Report.
Znvironmental Impact Reports shall be prepared by the Planning
lirector for all city projects. The applicant for a City
:ntitlement for any private project shall prepare and submit a
'reliminary Environmental Imp-act Report to the Director which
ronmental Impact Assessment ;hall be used, together with the Env
:arm and other relevant information
iraft report. The City Council shal
iolicies, guidelines and regulations
n the preparation of a
by resolution adopt
relating to the preparation
if Preliminary Environmental Impact Reports, Applicants shall
:omply with said resolution. The Planning Director may require
the applicant to submit, to a reasonable extent, additional
information necessary to the completion of the report. He
nay call for assistance from other departments, other govern-
nental entities and the public as he determines necessary to
3 full and complete report. The Planning Director, when all
information is on file,shall prepare a Draft Environmental
Impact Report.
19.04.170 Draft Environmental Impact Report. The Draft
Environmental Impact Report shall contain substantially the same
information as a final Environmental Impact Report. The
Planning Director shall consult with and obtain the comments
of any public agency which has jursidiction by law with respect
to the project. He shall maintain a listing of local state and
federal agencies which have such jurisdiction over projects in
Carlsbad. A list of persons or agencies with special expertise
or concern with regard to types of projects or their location
shall also be maintained. Copies of the draft report shall be
submitted for comment to the agencies with jurisdiction and to
other agencies as the Director determines to be necessary to a
complete report. If any public agency or person consulted with
regard to an Environmental Impact Report fails to comment within
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the time specified by the City for such comment or within a
.easonable time, it shall be assumed that such agency or
ierson has no comment to make and such fact may be included in
the final report. The Draft Report shall be mailed to the
ipplicant and a copy shall be available to the public. The
jublic copy shall be available for ten (10) days after the
Dublication of the Notice of Completion.
The Director will accept written comments on or objections
to the report during the period of public availability. After
the expiration of the ten (10) day period, the Director shall
prepare the Environmental Impact Report.
19.04.175 Notice of Completion. When a Draft Environmental
Impact Report is complete, the Planning Director shall file a
description of the project, its proposed
address where copies of the Environmenta
available. The Notice of Completion sha
Council Chamber door and shall be publis
Notice of Completion of the Draft Report with the Secretary of
the Resources Agency. The notice shall include a brief
location, and an
Impact Report are
1 be posted on the
ed at least once in
a newspaper of general circulation in the City of Carlsbad.
19.04.180 Environmental Impact Report. The Environmental
Impact Report shall include and take into consideration all the
facts submitted and any public comment or input received and
shall reflect the independent judgment of the City regarding
the project. The Council shall by resolution prescribe
guidelines for the contents of such report.
19.04.185 Planning Commission Hearing. The final
Environmental Impact Report shall be forwarded to the Secretary
of the Planning Commission. The Secretary shall set the matter
for hearing on the Commission agenda.
hearing shall be mailed to the applicant, posted on the Council
Chamber door and published once in a newspaper of general
Notice of the date of the
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circulation ten (10) days prior to the date of the hearing.
At the hearing, the Commission shall hear the staff report
on the Report and comments from the public. If the Commission
finds the Report to be complete, they shall recommend its
adoption to the City Council.
Report back to staff for further investigation, information and
analysis and for the inclusion of additional material if they
determine such to be necessary to a full and complete report.
19.04.190 City Council Hearing, Upon receipt of the
Planning Commission's recommendation, the City Clerk shall set
the report for public hearing before the City Council. Notice,
at least five (5) days prior to the hearing date, shall be
published once in a newspaper of general circulation, posted
The Commission may refer the
on the Council Chamber door, and mailed to the applicant. The
Council shall hold a public hearing on the Environmental Impact
Report. The staff report, Planning Commission recommendation
and comment from the public shall be received. If the Council
finds the report to be complete, they may adopt the report.
The Council may also refer the report back to staff for further
investigation, information, analysis and for the inclusion of
additional material as deemed necessary to a full and complete
report.
19.04.200 Consolidation. The Planning Commission or City
Council may consolidate a hearing on an Environmental Impact
Report with any other hearing held by the Council or Commission
on an entitlement for the same project. In such case, the
Council or Commission shall fully consider the report before
taking action on the other aspects of the project before them.
19.04.210 Standard of Review, In considering whether or
not to approve a project for which an Environmental Impact
Report has been prepared, the Planning Commission or City
Council shall first consider the information contained in the
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Report. The Report is an inforwational document prepared to
inform the decision-mqkers and the general public of the
environmental effects of projects they propose to carry out or
approve. The process is intended to enable the City to:
(1) evaluate a prqject to determine whether it may have a signi-
ficant effect on the environment; (2) examine and institute
methods of reducing adverse impacts; and (3) consider
alternatives to the project as proposed. These things must be
done prior to approval or disapproval of the project. An
Environmental Impact Report may not be used as an instrument
to rationalize approval of a project, nor do indications of
adverse impact, as enunciated in an Environmental Impact
Report require that a project be disapproved. The decision-
making body may balance environmental objectives with economic
and social objectives in arriving at a decision. In evaluating
whether or not to approye the project or to grant the permit,
license or other entitlement applied for in connection with
the Report, the Council or Commission shall weigh any adverse
environmental effects against any positive effects and any
benefit to the City and the public which could result from
the proposed project. The Council or Commission may disapprove
a project if they find that the adverse consequences outweigh
the positive aspects of the project. They may approve a
prOject if they find the reverse to be true. They may also
conditionally approve or modify the project in light of the
information in the report. Formal findings are not required.
19.04.215 Notice of Determination. After the decision
to approve a project or grant a requested entitlement is made
by the staff, Commiss
Declaration or an Env
Director shall file a
shall include the dec
on or Council, after a Negative
ronmental Impact Report, the Planning
Notice of Determination. The notice
sion of the City to approve or disapprove
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the project, the determination whether the project will or
will not have a significant effect on the environment, and
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whether an Environmental Impact Report has been prepared
pursuant to the provisions of the California Environmental
Quality Act. The Notice of Determination shall be filed
with the County Clerk.
19.04.220 Extension of Time for Review. The City
Council may extend the periods of public availability or
comment on Ilraft Environmental Impact Reports and may extend
the periods for review of final reports when necessary for
adequate review of large public or private projects.
19.04,.230 Requests for Environmental Do,cuments. The
Planning Director shall make Environmental Impact Reports
or other environmental documents available for reasonable
public inspection. He may establish and collect a charge
equal to the actual cost of reproduction for any person
requesting copies.
19.04,.240 , Retention of Public Comments. Comments
received from other agencies or individuals in the course
of the consultation process while preparing an Environmental
Impact Report shall be kept for a reasonable time in the
Planning Department, They shall be made available to the
public subject to the same terms as other environmental
documents. Comments regarding any project received
independently of the report review process shall also be
considered and kept on file.
19.04.2.50 Cost of Re.ports - Fee Sched.ule. The City
Council may by resolution adopt a fee schedule for the
processing of projects subject to this Chapter and for the
processing of any report or appeal thereunder. In the event
staff is unable to prepare an Environmental Impact Report,
the City Council may cause the same to be prepared and the
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actual cost shall be collected from the applicant.
19.04.260 Mailing. of Notice on Request - Clerk.
The City Clerk shall mail, on a continuing basis, copies
of all notices of appeal, notices of hearings, and other
notices resulting from this Chapter to any individual or
group who files a written request therefor. Such requests
shall be made annually. A fee of $60.00 shall accompany
each such request.
19..04.270 Mai,ling of Noti-ce on Request - Planning Director.
The Planning Director shall mail a copy of any Negative
Declarations on a continuing basis to any individual or group
so requesting in writing. Such requests shall be made
annually and shall be accompanied by a fee of $60.00.
19.04.280 ~ limitation of Time for Bringing Legal Action.
Any action or proceeding to attack, review, set aside, void
or annul any decision of matters listed in this ordinance
or concerning any of the proceedings, acts or determinations
taken, done or made prior to such decision, or to determine
the reasonableness, legality or validity of any condition
attached thereto, shall not be maintained by any person unless
such action or proceeding is commenced within thirty (30) days
after the date of such decision. Thereafter, all persons
are barred from any such action or proceeding or any defense
of invalidity or unreasonableness of such decision or of such
proceedings, acts or determinations.
19.04.290 Planning Director - Representative. The
term "Planning Director'' as used herein shall mean the
Planning Director of the City or his designated representative.
19.04.300 1,nterpret.ation - State Guidelines. ft is the
intent of the City Council that any particular situation
not covered by this Chapter be governed by the State
Guidelines issued by the Resources Agency. Staff shall guide
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themselves accordingly in administering this ordinance. Any
problem of interpretation shall, if possible, be resolved
by reference to the applicable portions of the California
Environmental Quality Act and the State Guidelines.
SECTION 2. EFFECTIVE DATE. This ordinance shall be
effective thirty (30) days after its adoption, and the
City Clerk shall certify to the adoption of this ordinance
and cause it to be published at least once in the Carlsbad
Journal fifteen (15) days after its adoption.
SECT,ION 3, Any Project which has been found to be in
coinpl iance with Ordinance 1150 as amended by Ordinance
Numbers 1151, 1154 and 1155 shall also be deemed to be in
compliance with Title 19, Chapter 19.04.
INTRODUCED AND FIRST READ at a regular meeting of the
City Council of the City of Carlsbad, Califopnia, held on
the3rd day of April, 1973, and thereafter PASSED, APPROVED
AND ADOPTED atan/regular meeting of the City Council held
on the 18th day of April, 1973, by the following vote, to wit:
adjourned
AYES: Councilman Dunne, Lewis, Chase and Frazee.
NOES : None.
ABSENT: Councilman McComas.
City of Carlsbad -
ATTEST:
of khd City of Carlsbah
(SEAL)
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