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HomeMy WebLinkAbout1975-05-06; City Council; 1178; CMC 19.04 amends - Bring city in full accordance with state1 2 3 4 5 6 7 8 9 1c 11 1.2 1: 0 2( 2: 2: 2: 21 21 2( 2' 24 ORDINANCE NO. 1178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 19, CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE TO BRING THE CITY OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 INTO FULL ACCORD WITH THE AMENDED EIR GUIDELINES ISSUED BY THE SECRETARY FOR RESOURCES PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 19, Chapter 19.04, Section 19.04.040 of the Carlsbad Municipal Code is amended by the amend- ment of subsections (h), (m), (n), (p) and (9) to read as follows: "(h) '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 California Environmental Quality Act, and may mean either a draft or a final environmental impact report. environmental impact report containing the information specified in Sections 15141, 15142 and 15143 of the State environmental impact report guidelines. mental report containing information contained in the draft environmental report, comments either verbatim or in summary received in the review process, and the response of the City to comments received. I' (1) 'Draft environmental impact report' means an (2) 'Final environmental report' means an environ- "(m) 'Notice of completion' means a brief notice to be filed by the City with the Secretary for Resources as soon as it has completed a draft environmental impact report and is prepared to send out copies for review. be filed by the City after it approves or determines to carry out a project which is subject to the requirements of this chapter. 'I (n) 'Notice of determination' means a brief notice to "(p) 'Project' refers to the underlying activity and not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 s 20 21 22 23 24 25 26 27 28 29 i- - 0 to the governmental approval process and means the whole of an action which has the potential of resulting in physical impact on the environment, directly or ultimately, that is any of the following: including but not limited to public works construction and re- lated activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local general plans or elements thereof; An activity undertaken by a person which is supported in whole or in part through City contracts,grants, subsidies, loans or other forms of assistance from the City or one or more other public agencies; to a person or a lease, permit, license, certificate or other entitlement; (1) Any activity directly undertaken by the City, (2) (3) An activity involving the issuance by the City (4) Any of the items listed in Section 19.04.050. (9) '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 City Council; (3) Continuing administrative or maintenance activities, 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 of the City of Carlsbad." (4) Submittal of proposals to a vote of the people SECTION 2: That Title 19, Chapter 19.04, Section 19.04.04( of the Carlsbad Municipal Code is amended by renumbering sub- sections (k) through (n) and (0) through (t), inclusive, to (1) through (0) and (9) through (v), inclusive, and by the addition of new subsections (k) and (p) to read as follows: "(k) 'Jurisdiction by law' means the authority of any public agency to grant a permit for or provide funding for the projects in question or the ability to exercise authority over resources which may be affected by the project. The City will have jurisdiction by the law with respect to a project when the City is the site of the project, the area in which the major environmental effects will occur, or the area in which those citizens most directly concerned with such environmental effects reside. " 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 t 0 39 "(p) 'Notice of exemption' means a brief notice which is filed by the City when it has approved or determined to carry out a project and has determined that it qualifies for one of the exceptions or exemptions pursuant to sections 19.04.080 or 19 . 0 4 . 0 9 0 . SECTION 3: That Title 19, Chapter 19.04, Section 19.04.09( of the Carlsbad Municipal Code is amended as follows: 1. Subsection (a) (2) is amended to read: "(2) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities." 2. Subsection (c) (4) is amended by the addition of sub- subsection (iv) to read: "(iv) Panhandle lot variances in R-1 zones in developed areas. 3. Subsections (d) and (e) are added to read: "(a) The acquisition of land for fish and wildlife conservation purposes, including the preservation of fish and wildlife habitat, the establishment of ecological reserves, and the preservation of access to public lands and waters for the purpose of the acquisition is to preserve the land in its natural condition. (e) Minor additions to existing schools within exist- ing schoolgrounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less." SECTION 4: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the amendment of Section 19.04.100 to read as follows: "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 exception or exemption applies, he shall issue a notice of exemption to be effective on the expiration of the time for an appeal. The Planning Director may determine, not- withstanding the fact that a project may be within an exemption or exception, that it may have a significant effect on the envir- onment for such reasons as: scope or scale of the activity, cumulative impacts of successive projects of the same type in 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 c u 2c 21 2% 25 24 25 26 27 28 30 the same place, proximity to the beach, proximity to a lagoon, proximity to a floodplain, proximity to an environmental resource of hazardous or critical concern, or any other reason which in the judgment of the Planning Director may involve a matter of environment. If he so determines, the notice of exemption will not be issued and the project will be processed in accord with this chapter. The applicant will be notified by mail of the Planning Director's determination. The decisions of the Planning Director regarding an exemption or exception are final unless appealed as provided in this chapter.' The notice of exemption shall constitute an endorsement of compliance for the project." SECTION 5: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the addition of Sections 19.04.105 and 19.04.125 to read as follows: "19.04.105 Notice of exemption. When the Planning Direc- tor determines that a project qualifies for an exemption or exception and the City approves or determines to carry out the project, he shall file a notice of exemption with the County Clerk Such notice shall include a brief description of the project, the finding that the project is within an exception or exemption and a brief statement of the reasons for that finding." "19.04.125 Consultation. When more than one public agency will be involved in undertaking or approving a project, the Planning Director shall, as part of the process of preparing a Negative Declaration, consult with all the other public agencies involved in carrying out or approving the project. Before com- pleting the Negative Declaration the Planning Director shall also consult with and seek to obtain comments from all other public agencies having jurisdiction by law over the project. In addi- tion, he may consult with any other persons having special exper- tise in regard to the matter as he determines necessary to a full and complete review.'' SECTION 6: That Title 19, Chapter 19.04 of the Carlsbad 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 have no 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 Direc- tor's finding that the project will not have a significant effect on the environment. The Declaration shall also include a statemen 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 P 14 20 21 22 23 24 25 26 27 28 29 !- 0 - of the reasons which support the Director's finding, a statement indicating who prepared the environmental impact assessment, a statement indicating who performed the initial study and evalua- tion and identification of the location where copies may be ob- tained. 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. the Negative Declaration must he filed within the posting period. The decision to issue a Negative Declaration is final unless appealed. A Negative Declaration when final will result in execution by the Planning Director of the endorsement of compli- ance. I' Any appeal of SECTION 7: Title 19, Chapter 19.04, Section 19.04.140 is amended as follows: The word "begative" in the last sentence of the first paragraph of Section 19.04.140 is amended to read: "negative". SECTION 8: Title 19, Chapter 19.04, Section 19.04.154 of the Carlsbad Municipal Code is amended by the addition of the following: "If such findings cannot be made, the environmental impact report shall be supplemented to insure that all environmental factors have been considered in regard to the individual project." SECTION 9: Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the amendment of Sections 19.04.160, 19.04.170 and 19.04.175 to read as follows: "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 for any private project shall prepare and submit a prelim- inary environmental impact report to the Planning Director. The City Council shall by resolution adopt policies, guidelines and regulations relating to the preparation of preliminary environ- mental impact reports. Applicants shall comply with said resolu- tion. The Planning Director may require the applicant to submit, to a reasonable extent, additional information necessary for a full and complete report. He may call for assistance from other departments, other governmental entities and the public as he determines necessary to a full and complete report. The Planning 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2 20 21 22 23 24 25 26 27 28 i- u 29 Director shall consult with all responsible agencies pursuant to Section 15066 of the State environmental impact report guidelines. The Planning Director 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 be considered, together with the environmental impact assessment and all other available information as a basis for the preparation of a draft environmental impact report which shall reflect the independent judgment of the City of Carlsbad in regard to the subject project." "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 comments from other public agencies having jurisdiction by law with re- spect to the project. having special expertise with respect to any environmental impact involved. He shall maintain a listing of local, state and federal agencies which have jurisdiction by law with respect to various projects and project locations within the City of Carlsbad. A list of local agencies or persons with special ex- pertise or concern with regard to such projects shall also be maintained. Copies of the draft report shall be submitted for comment to all agencies having jurisdiction by law over the project. Copies of the draft report may also be submitted for comment to other agencies and persons as the Planning 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 reasonable time, it shall be assumed 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. A copy shall also be furnished to and made available at the Carlsbad Public Library. The public copy 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 com- plete report. The Director will accept written comments on or objections to the draft report during the period of public availability. After the expiration of said period, the Director shall prepare or cause to be prepared the environmental impact report. 'I He should also consult with any person "19.04.175 Notice of completion. As soon as a draft environmental impact report is complete, the Planninq Director shall file a notice of completion with the Secretary-for the Resources Agency. The notice shall include a brief description of the project, its proposed location, an address where copies of the report are available and the period during which comments 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 20 21 22 23 24 25 26 27 28 29 on the report will be received by the Planning Department. The notice of completion shall be posted on a bulletin board located in the public portion of the Planning Department and shall be published at least once in a newspaper of general circulation in the City." SECTION 10: Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the addition of Section 19.04.211 to read as follows: "19.04.211 Consideration of environmental documents. In considering whether or not to approve a project for which a negative declaration has been processed, a determination of exemption, exception or prior compliance made, or any other envir- onmental document issued which results in an endorsement of com- pliance pursuant to this chapter, the decision making body shall first review and consider such document and all the information contained therein. The standard of review prescribed in Sec- tion 19.04.210 for evaluation of environmental impact reports shall be applied. SECTION 11: Title 19, Chapter 19.04, Section 19.04.215 of the Carlsbad Municipal Code is amended by the addition of the following: "If the project requires discretionary approvals from a state agency, the notice of determination shall also be filed with the Secretary for Resources. SECTION 12: Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the addition of Section 19.04.225 to read: "19.04.225 Review of lead agency environmental impact reports. When a lead agency submits an environmental impact report to the City for comment, it shall be referred to the Planning Director. The Planning Director is responsible for reviewing the report, preparing appropriate comments and forward- ing any such comments to the lead agency within the indicated time limits. He may consult with and obtain input from any person with knowledge or expertise regarding the matter. the review, he shall focus on the sufficiency of the environmental impact report in discussing possible impacts upon the environment, ways in which adverse effects might be mitigated, and alterna- tives to the project, in light of the intent of the California Environmental Quality Act to provide decision makers with useful information about such factors." As a part of 7. 1 2 3 4 5 6 7 8 9 1c 11 12 1: 2: 2: 2: 2d 21 2( 2' 21 O( SECTION 15: Title 19, Chapter 19.04 is amended by the amendment of Section 19.04.230 to read as follows: "19.04.230 Requests for environmental documents. The Planning Director shall make environmental impact reports or other environmental documents available for reasonable public inspec- tion. actual cost of reproduction for any person requesting copies." He may establish and collect a charge no greater than the 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 published at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of April , 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 6th day of May , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Counci lwoman Cas1 er ATTEST : (SEAL) 8.