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HomeMy WebLinkAbout1973-04-18; City Council; 1158; CMC 19.04 adds - Environmental protection proceduresh 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 I 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: 1. 1 2 3 4 5 6 7 8 9 10 11 1% 12 1L If It 1' 1I 1: 2( 2: 2; 2: 21 2! 21 2' 21 2' 31 3 3 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 z. 1 2 3 4 5 6 7 8 9 1c 11 12 1: 14 1E 16 1: 1E 15 2( 21 2: 2; 2L 2[ 2( 2' 2t 2I 3( 3: 3: 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 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Z2 23 24 25 26 27 28 z9 30 31 32 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 4. 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, 25 j/ * 9, lo l3 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. 26/1 physical impact on the environment, directly or ultimately, l5 l6 l7 18 2o 21 22 23 24 271/ that is any of the following: 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. 28 /I 1. An activity directly undertaken by the City "I/ including but not limited to, public works construction 30 31 and related activities, clearing or grading of land, improvements to existing public structures, enactment and 5. 1 2 3 4 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 I 10 11 12 j 17 18 19 20 21 13 14 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. 22 23 24 25 26 27 28 29 30 31 32 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. /// /// 6. 1 2 7 CI 4 K U E 'i € 5 1( 11 1: 1: 11 l! 14 1' 1t l! 2( 2: 2: 2: 21 2! 21 2' 21 2' 3r 3: 3, 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: a. b. C. d. e. f. g* h. i. j. k. 1. 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 7. 1 2 3 4 5 6 7 8 9 1c 11 12 1: 14 1: 1t 1: 1t 1( 2( 2: 2: 2: 21 2! 2( 2' 2; 2' 3( 3 3 '0 *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 8. 1 2 4 5 ' lo 11 l2 l5 16 l8 20 21 22 23 24 25 26 27 28 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; 29 30 31 3. Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to 32 9. 24 25 26 27 28 29 30 31 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 10. 2 3 6 7 8 9 10 11 (( /I 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. 23 24 25 26 27 28 29 30 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 32 12 13 activity; proximity to the beach; proximity to a lagoon; 14 15 16 17 18 19 20 21 22 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 31/jon the environment for reasons such as; scope or scale of the 1 proximity to a flood plain or any other reason which in the 2 3 4 5 6 9 lo l1 16. l8 2o 21 22 23 24 25 26 27 28 29 30 31 ,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- If it is I l4 8 effect on the environment. The declaration shall include the name of the applicant, the address or location of the proposed 9 26 27 28 29 30 31 32 10 11 12 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 15 16 17 18 19 20 21 22 23 24 25 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 13. 1 2 3 4 5 6 7 E s 1C 11 12 1: 14 1: 1( 1' It l! 2( 2: 21 2: 21 2 2 2 2 2 3 3 3 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. /// /// 14. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 2: 26 2: 2( 2' 2t 25 3( 3: 3: 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 15. 1 2 3 4 5 6 7 8 9 10 11 1% 12 14 15 I€ 3.7 1€ 1E 2c 21 2; 2; 2L 2: 2t 2: 2t 2! 3( 3: 31 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 16. 7 e s 1c 11 12 1: 1f 1: 1( 1: 1I 1( 2( 2: 2: 2: 2r 2! 2r 2' 2; 2! 3( 3: 3, 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 17. 1 2 3 4 5 6 7 € 9 IC 11 12 1: 14 1: It 1: I=! 15 2( 2: 2: 2: 21 2! 2t 2' 2( 2! 3( 3: 3; 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 18. 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the project, the determination whether the project will or will not have a significant effect on the environment, and I 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 19. 1 2 3 4 5 17 18 19 20 21 22 23 24 6 7 8 9 10 25 26 27 28 29 30 31 32 11 12 13 14 15 16 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 20. 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 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) 21.