HomeMy WebLinkAbout1974-02-19; City Council; 1163; CMC 19.04 amends - Revise Environmental Quality Act of 1970 procedures1
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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 .
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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~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
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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
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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
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%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
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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 :
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(SEAL)
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