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HomeMy WebLinkAbout1974-02-19; City Council; 1163; CMC 19.04 amends - Revise Environmental Quality Act of 1970 procedures1 2 3 4 5 6 7 8 9 10 11 12 13 n 14 V 20 21 22 23 24 25 26 27 28 29 30 31 32 e ORDINANCE NO. 1 1 63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD I CALIFORNIA AMENDING TITLE 19, CHAPTER 19.04 OF THE MUNICIPAL CODE TO REVISE PROCEDURES FOR THE IMPLE- MENTATION OF THE CALIFORNIA ENVIRON-WNTAL QUALITY ACT OF 1970 IN ACCORD WITH THE AMENDED GUIDELINES THEREFOR, ISSUED BY THE SECRETARY FOR RESOURCES PURSUANT TO SAID ACT. The City Council of the City of Carlsbad does ordain as follows: SECTION 1. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Section 19,04,040 to read as follows "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. "Applicant" means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement to use or financial assistance from one or more public agencies when that person applies for the governmental approval or assistance. b. "Approval" means the decision by the City which com- mits the City to a definite course of action in regard to a proj- ect intended to be carried out by any person. The exact date of approval of any project is a matter determined by the rules, regu- lations, and ordinances applicable thereto. In connection with private activities, approval occurs upon the earliest commitment issuance by the City of a discretionary contract, to issue or the grant , subsidy, permit, license project . loan, or other form of financial assistance, lease, certificate, or other entitlement for use of the c. "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 that the class of projects does not have a significant effect on the environment . 1 2 3 4 5 E 7 8 9 10 11 1% 12 0 2c 21 22 2: 24 2: 26 27 2E 29 3c 31 32 d. "Discretionary project" means an activity defined 3s a project which requires the exercise of judgment, delibera- tion, 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 3r regulations. e. "Emergency" means a sudden unexpected occurrence or combination of unexpected occurrences demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. f. "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. g. "Environmental documents" means draft and final Environmental Impact Reports, Environmental Assessment Forms, Negative Declarations, Notices of Completion, and Notices of Determination. h. "Environmental Impact Report" means a detailed state- ment setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act. i. "Feasible" means capable of being accomplished in a successful manner by reasonably available, economic, and workab-3 means, j. "Lead agency" means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environment. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 20 21 22 23 24 25 26 27 28 29 30 31 32 k 0 k. "Ministerial projects" as a general rule include those activities defined as projects which are undertaken or approved 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 the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construction of its language by the City. 1. "Negative Declaration" means a statement by the City briefly presenting the reasons that the project, although not otherwise exempt, would not have a significant effect on the en- vironment and, therefore, does not require an Environmental Impact Report. m. "Notice of Completion" means a brief report filed 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. n. "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. 0. "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. p. "Project" refers to the underlying activity and not to the governmental approval process and means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: I. An activity directly undertaken by the City in- cluding but not limited to public works construction and related activities, clearing or grading of land, improvements to existing 3. 1 2 3 4 5 6 7 E s 1c 11 12 1: 0 1f 2: 2; 2; 2L 2! 2t 2' 2I 2: 3( 3: 3; mblic structures, enactment and amendment of zoning ordinances, md the adoption of local genera plans or elements thereof. 2. An activity undertaken by a person which is supported in whole or in part through City contracts, grants, subsidies, loans, or other forms or assistance from the City or me or more other public agencies. 3. An activity involving the issuance by the City to a person of a lease! permit, licensep certificate, or other 3n t it1 ement . 4. Any of the items listed in Section 19.04.050. q. "Project" as defined in subsection (p) of this section does not include : 1. Anything specifically exempted by state law. 2. Proposals for legislation to be enacted by the State Legislature. 3. Continuing administrative or maintenance activi- ties, such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies, 4. The submittal of proposals to a vote of the people of the state or of a particular community, r. "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 s. "Responsible agency" means a public agency which proposes to undertake or approve a project but is not the lead agency for the project. It includes all public agencies other than the lead agency which have approval power over the project. t. "Significant effect" means a substantial adverse impact on the environment. 4. 2 3 4 5 6 7 8 9 10 11 12 13 D 14 2c 21 2% 2: 24 25 26 27 2e 29 3c 33 32 k 0 SECTION 2. Title 19, Chapter 19.04, Section 19.04.050 of the Municipal Code is mended by the amendment of subsection (1) of Section 19.04.050 and the addition of subsection (m) as follows: "1, Adoption or amendment of a general plan or element thereof. m, Any other private activity which requires a City entitlement which could have an effect on the environment." SECTION 3. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Section 19.04.070 to read as follows: "19.04.070 Enforcement - Director's Endorsement. The City Manager is responsible for the enforcement of this chapter. No City project shall be undertaken nor shall any permit, license or other entitlement issue for any project until the project receives an Endorsement of Compliance from the City Planning Director certifying that the requirements of this chapter have been satisfied. All City departments responsible for 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 requirements of this chapter have been satisfied. The City Manager shall insure that all projects undertaken by the City are first processed in accord with the requirements of this chapter." SECTION 4. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Section 19.04.080 to delete sub- sections (a), "Prior Compliance" and to reletter subsection. f. Ongoing Project to read I'd. Ongoing Project." SECTION 5. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Section 19.04.090,subsection (e) to read as follows: "c. Minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of 5. 1 f C 4 C E 7 E c 1C 11 1; 0 14 a 2c 21 22 2: 24 25 26 21 2E 29 3c 31 32 I- 0 - mature, scenic trees, except for forestry and agricultural purposes including but not limited to: New gardening or landscaping, Minor alterations in land, water and vegetation on existing off,cially designated wildlife management areas or 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., (4) Minor alterations in land use limitations, except zoning, including but not limited to: (i) Minor lot line adjustments, side yard and setback 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 facilities such as on-premises signs or small parking lots, (6) Minor trenching and backfilling where the surface is restored. I' SECTION 6. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Section 19.04.130 to read as follows: "19.04.130 Negative Declaration. The Planning Director shall prepare a Negative Declaration when he finds, after the required inquiry, that the project will not have a significant effect on the environment. The Declaration shall include the name of the applicant, the address or location of the proposed project, a description of the project as proposed, and the 6. Q 14 2c 21 22 2: 24 2: 2€ 27 2E 2s 3c 33 32 Director's finding that the project will not have a significant effect on the environment. The Declaration shall also include a statement of the reasons which support the Director's finding, a statement indicating who prepared the Environmental Impact Assess- ment, a statement indicating who performed the initial study and evaluation and identification of the location where copies may be obtained. Such Declaration shall be posted for five 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.'l SECTION 7. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Section 19.04.150 to read as follows: "19.04.150 Decision to Prepare an Environmental Impact Report. Except as provided in Sections 19,04.151, 19.04.152, 19.04.153 and 19.04.154, 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 in accord with the requirements of this chapter. 'I SECTION 8. Title 19, Chapter 19.04 of the Municipal Code is amended by the addition of Sections 19.04.151, 19.04.152 19.04.153 and 19.04.154 to read as follows: "19.04.151 Federal Projects. If the Planning Director determines that an Environmental Impact Report must be prepared for a project and that an Environmental Impact Statement for the same project has been or will be prepared pursuant to the require- ments of the National Environmental Policy Act of 1969 and imple- menting regulations, all or any part of such statement may be sub- mitted in lieu of all or any part of the Environmental Impact Report required by this chapter, provided said statement complies 7. 1 2 3 4 5 6 7 8 9 30 11 1% 13 n 14 d u 2c 21 22 2: 24 2: 2E 27 2E 2s 3c 33 3; 3r is supplemented so it complies with the requirements of this zhapter . 19.04.152 Lead Agency. a. If the Planning Director determines that a project is to be carried out or approved by one or more public agencies in addition to the City of Carlsbad, he shall first determine, pursuant to the applicable provisions of the Guidelines for Imple- nentation of the California Environmental Quality Act of 1970 issued by the Office of the Secretary for Resources, which entity will be the lead agency. b. If the Planning Director determines that the City of Carlsbad is the lead agency, the project shall be processed in accord with the terms of this chapter. c. If the Planning Director determines that another public agency is the lead agency the environmental documents prepared by such agency shall be the environmental documentatLon for the City of Carlsbad. by the City prior to acting upon or approving the project and the acting or approving authority shall certify as a part of their decision that the information contained therein was reviewed and considered. A project processed in accord with subsection (c) hereof shall be deemed to be in compliance with the requirements Such documents shall be considered of this chapter. 19.04.153 Prior Compliance. If the Planning Director determines that an Environmental Impact Report has been certified for a project in connection with some previously issued entitle- ment for such project, he may issue an Endorsement of Compliance without further processing pursuant to this chapter provided that: a. There are no substantial changes proposed for the project which would require major revisions of the Environmental Impact Report due to the involvement of new environmental impacts not considered in the previous report on the project. 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 Q 14 2c k 0 21 22 2: 24 2: 2c 27 2E 25 3( 31 3; b. There are no substantial changes with respect to the 2ircumstances under which the project is to be undertaken, such 2s a change in the location or manner of construction of the proj- 3ct which will require major revisions in the Environmental Impact Report due to the involvement of new environmental impacts not zonsidered in the previous report on the project, C. The Environmental Impact Report is submitted to the wting or approving authority in the City for consideration prior to action on the project. 19.04.154 Use of a Single Environmental Impact Report. If 3pproved by the Planning Director, a single Environmental Impact Report may be employed to describe more than one project, if such ?rejects are essentially the same in terms of environmental impact, The City may elect to use an earlier Environmental Impact Report prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. The City may elect to write Environmental Impact Reports in advance for entire programs or regulations in order to be prepared for project applications to come. utilize any of these alternatives, however, it must first be found that the environmental effects of the projects are similar enough to warrant the same treatment in an Environmental Impact Report and that the Environmental Impact Report will adequately cover the impacts of any single project. 'I Whenever the City chooses to SECTION 9. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Section 19.04.160 to read as follow "19.04.160 Preparation of Environmental Impact Report. Environmental Impact Reports shall be prepared by the Planning Director for all City projects. The applicant for a City entitle- ment €or any private project shall prepare and submit a Preliminar, Environmental Impact Report to the Planning Director. Council shall by resolution adopt policies, guidelines and regula- tions relating to the preparation of Preliminary Environmental Impact Reports. Applicants shall comply with said resolution. The Planning Director may require the applicant to submit, to a The City 9. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 20 21 22 23 24 25 26 27 28 29 3c 31 32 k u reasonable extent, additional information necessary for a full and complete report. He may call for assistance from other de- ?artments, other governmental entities and the public as he Aetermines necessary to a full and complete report, The Planning Iirector should consult directly with any person or organization he believes will be concerned with the environmental effects of the project. The Preliminary Environmental Impact Report shall De considered, together with the Environmental Impact Assessment and all other available information as a basis for the preparation sf a Draft Environmental Impact Report which shall reflect the independent judgment of the City of Carlsbad in regard to the subject project." SECTION 10. Title 19, Chapter 19.04 of the Municipal Code is amended by the addition of Section 19.04.170 to read as follows: "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 jurisdiction 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 main- tained. to the agencies with jurisdiction and to other agencies as the Director determines to be necessary to a full and complete report. If any public agency or person consulted fails to comment within the time specified by the City for such comment or within a reason- able time, it shall be assumed that such agency or person has no comment to make and such fact may be included in the final report. The draft report shall be mailed to the applicant and a copy shall be available to the public at the Planning Department. The public Copies of the draft report shall be submitted for comment 10. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 20 21 22 23 24 25 26 27 28 29 30 31 32 I- 0 - ~opy shall be available for thirty days after the publication of the Notice of Completion. The City Manager may in exceptional cases extend the period of public availability when such action is necessary for a full and complete report. The Director will accept written comments on or objections to the draft report during the period of public availability. said period, the Director shall prepare or cause to be prepared the Environmental Impact Report." After the expiration of SECTION 11. Title 19, Chapter 19,04 of the Municipal Code is amended by the amendment of Sections 19,04.180, 19.04.185 and 19.04.190 to read as follows: "19.04.180 Environmental Impact Report. The Environmental Impact Report shall include the Draft Environmental Impact Report, a section listing the organizations and persons consulted and the comments received either verbatim or in summary and the response of the Planning Director to the significant environmental points raised in the review and consultation process, Said response may be in the form of a revision of the Draft Environmental Impact Report or an attachment thereto describing the disposition of the significant points raised. In particular, the major issues raised when the position of the Planning Director is at variance with that expressed in the comments shall be addressed in detail re- flecting the reasons why any specific comments and suggestions were not accepted. guidelines in addition to the requirements of this section for the contents of the Environmental Impact Report." The City Council shall by resolution prescribe "19.04.185 Planning Commission Hearing. The Environmental Impact Report shall be forwarded to the Secretary of the Planning Commission. The Secretary shall set the matter for public hearing on the Commission agenda. Notice of the date of the hearing shall be mailed to the applicant, posted on the Council Chamber door and published once in a newspaper of general circulation ten days 11 e 1 2 3 4 5 6 7 e 9 1C 11 12 12 D 14 2c 21 22 22 24 2: 2c 2'; 2E 2s 3c 31 3; t 0 prior to the date of the hearing. At the hearing, the Commission shall he r staff comments on the report and comments from the public. The Commission may refer the report back to staff for further investigation, information and analysis and for the in- clusion of additional material if they determine such to be nec- essary to a full and complete report. The Planning Director shall supplement the report if any significant points are raised at the hearing which have not been covered in the report. The Com- mission shall forward the Environmental Impact Report to the City Council with their recommendation as to whether or not the report has been completed in compliance with all applicable requirements.' "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 days prior to the hearing date,shall be published once in a newspaper of general circulation, posted on the Council Chamber door, and mailed to the applicant. The Council shall hold a public hearing on the Environmental Impact Report. At the hear- ing the staff report, Planning Commission recommendation and com- ments from the public shall be received. The Council may 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. The report shall be supplemented to include any significant points raised at the hearing and not covered in the report. the report has been completed in compliance with the California Environmental Quality Act, the state guidelines and this chapter, they shall by motion so certify." If the Council finds that SECTION 12. Title 19, Chapter 19.04 of the Municipal Code is amended by the amendment of Sections 19.04.200 and 19.04.210 to read as follows: "19.04.200 Consolidation. The Planning Commission or 12. 1 2 3 4 5 6 7 8 9 10 11 12 13 D 14 a 15 16 17 18 19 20 I- G 21 22 23 24 25 26 27 28 29 30 31 32 City Council may consolidate a hearing on an Environmental Impact Report with any other hearing held by the Council or Commission in regard to the same project. In such case, the City Council or Planning Commission shall review and consider the information contained in the report before taking action on the other aspects of the project before then." "19.04.210 Standard of Review. In considering whether or not to approve a project for which an Environmental Impact Report is required and has been prepared, the Planning Commission or City Council shall first review and consider the information contained in the report. The report is an informational document prepared to inform the decision makers 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 project 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 dis- approved. to give major consideration to preventing environmental damage, it is recognized that the City also has obligations to balance other public objectives including economic and social factors in determining whether and how a project should be approved. In that regard the Planning Commission or the City Council may balance environmental objectives with economic and social objec- tives in arriving at a decision. approve the project or to grant the permit, license or other en- titlement applied for in connection with the report, the Council or Commission shall weigh any adverse environmental effects While it is the express policy of the City of Carlsbad In evaluating whether or not to 13. 1 2 3 4 5 6 7 e 9 1c 11 12 12 2c I- 0 - 21 22 2; 24 2f 2t 2: 2E 2< 3( 3: 3: %gainst any positive effects and any benefit to the City and the public which could result from the proposed project, Souncil or Commission may disapprove a project if they find that the adverse consequences outweigh the positive aspects of the proj- xt. true. in light of the information in the report," The They may approve a project if they find the reverse to be They may also conditionally approve or modify the project SECTION 13. Title 19, Chapter 19-04 of the Municipal Code is amended by amending Section 19.04.215 to add the following: "If a negative declaration has been issued in connection with the project, a copy shall be attached to and filed with the Notice of Determination. If SECTION 14. Title 19, Chapter 19. 4 of the Municipal Code is amended by amending Section 19.04.290 to add the following: "The City Manager may approve the designation of a private consultant to act for the Planning Director for a particular project . *' SECTION 15. Effective Date. This ordinance shall be effective thirty days after its adoption, and the City Clerk shall. certify to the adoption of this ordinance and cause it to be pub- lished at least once in the Carlsbad Journal fifteen days after its adoption. SECTION 16. Piny project which has been found to be in compliance with Ordinance 1150 as amended by Ordinances 1151, 1154 and 1155 shall aKso be deemed to be in compliance with Title 19, Chapter 19.04. SECTION 17. If the City Manager determines that a proj- ect has been processed or an Environmental Impact Report completed or on which substanti(a1 work has been performed on or before February 15, 1975 in compliance with the procedures of Title 19 and Resolution 3098 as they were prior to said date said project or Environmental Impact Report shall be deemed to be in compliance 14. ’? . 1 2 3 4 F c r i I 11 1 1 1 rith the terms of this ordinance. INTRODUCED AND FIRST READ at a regular meeting of the :ity Council of the City of Carlsbad, California, held on the 5th day of February I 1974 - , and thereafter PASSED, APPROVED 4ND ADOPTED at a regular meeting of the City Council held on the 19th day of February , 197 - 4by the following vote, to wit: AYES : Councilmen Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSENT : None. ATTEST : 29 30 31 32 (SEAL) 15