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Home My WebLink About1979-10-02; City Council; 9531; CMC 19.04 adds/amends - Environmental review & property owners notice/rights1 I1 ORDINANCE NO. 9531 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 19, CHAPTER 19.04, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 19.04.155 AND BY THE AMENDMENT OF SECTIONS 19.04.130, 19.04.140, 19.04.153, 19.04.185 AND 19.04.190 TO PROVIDE NOTICE AND HEARING RIGHTS TO AFFECTED PROPERTY OWNERS IN CONNECTION WITH ENVIRONMENTAL REVIEW. The City Council of the City of Carlsbad, California 8 9 does hereby ordain as follows: 10 I/ SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the addition of Section 19.04.155 11 to read as follows: 12 k 0 18 19 20 21 22 23 24 25 26 27 28 "19.04.155 Public notice of preparation. The Planning Director shall give public notice of preparation of an Environmental Impact Report at least thirty days prior to the completion of such report. by publication, one time, in a newspaper of general circulation in the area affected by the proposed project, by first class mail to all persons and organizations who have previously requested such notice and by posting in a conspicuous place on the project site. Such notice shall provide the address or location of the proposed project, the description of the project as proposed and the Director's findings that the project will have a significant effect on the environment. The notice shall also state that written comments may be submitted to the Planning Director within fifteen days after the mailing or publication or posting of the notice, whichever is later." Such notice shall be given SECTION 2: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the amendment of Sections 19.04.130, 19.04.140, 19.04.185 and 19.04.190 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 Director's finding that the project will not have a significant effect on the environment. The declaration /// 1 2 3 4 5 6 7 21 22 23 24 25 26 27 28 shall also include a statement 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 evaluation, and identification of the location where copies may be obtained. Such declaration shall be posted for ten business days on a bulletin board located in the public portion of the Planning Department and in a conspicuous place on the project site, and shall be published once during the posting period in a newspaper of general circulation in the city. 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 compliance. 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 Planning Director accompanied by a fee of $50.00 within fifteen days of the mailing of the Director's decision or within five days of the expiration of the period for the posting of the Negative Declaration, whichever is later. The Director shall give notice of the hearing on appeal as specified in Section 19.04.130 and by first class mail to the applicant and the appellant. The Planning Commission shall hear the appeal and may approve, conditionally approve, modify, or disapprove the Negative Declaration or the Director's decision. The decision of the Commission shall be noticed as provided in Section 19.04.130 and shall be mailed to the applicant and appellant. The Commission's decision may be appealed by any interested party to the City Council. The appeal shall be made in writing to the City Clerk within ten days of the mailing of the decision of the Planning Commission. A fee of $50.00 shall be paid to the City Clerk at the time the appeal is filed. The Clerk shall give a notice of hearing as specified in Section 19.04.130. Such notice shall also be mailed to the applicant and the appellant. The City Council shall hear the appeal and may approve, conditionally approve, modify or disapprove the decision of the Planning Commission. The decision of the City Council is final. A final decision for the Negative Declaration or an exception or exemption will constitute an endorsement of compliance. A final decision finding a potential significant environmental effect will require preparation of an Environmental Impact Report. A final decision not to exempt or accept a project shall require that such project be processed in accord with the provisions of this chapter. 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 -2- 6 7 a 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 public hearing on the Commission -gend * .N tic of the date of the hearing shall be mailed to the applicant, posted on the Council chamber door, published once in a newspaper of general circulation and mailed to all property owners as shown on the latest equalized assessment roll and person in possession, if different, within a radius of three hundred feet of the proposed project ten days prior to the date of the hearing. 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 inclusion of additional material if they determine such to be necessary to a full and complete report. supplement the report if any significant points are raised at the hearing which have not been covered in the report. The Commission 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. 'I At the hearing the Commission shall hear staff The Planning Director shall 19.04.190 City Council hearing. Upon receipt of the Plannina Commission's recommendation, the City Clerk shall d set the report for public hearing before the City Council. Notice shall be published once in a newspaper of general circuiation, posted on the Council chamber door, mailed to the applicant and mailed to all property owners as shown on the latest equalized assessment rolls and persons in possession, if different, within a radius of three hundred feet of the proposed project ten days prior to the hearing date. The Council shall hold a public hearing on the Environmental Impact Report. At the hearing the staff report, Planning Commission recommendation and comments from the public shall be received. The Commission 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. to include any significant points raised at the hearing and not covered in the report. If the Council finds that 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." The report shall be supplemented SECTION 3: That Title 19, Chapter 19.04, Section 19.04.153 of the Carlsbad Municipal Code is amended by the adCfitiom' of Subsection(d) to read as follows: "(d) At least ten days prior to the submission of the environmental impact report to the acting or approving authority, notice of the Planning Director's intention to issue an endorsement of compliance shall be published once in a newspaper of general circulation in the area affected by the proposed action. Such notice shall state the location and nature of the project, the intended action of the Planning -3- c 'L i ', ,I ... 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 Director, the time and date for slrjmission to the act,ng authority and the manner by which objections may be raised." 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 adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 18th day of SeDtember , 1979 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of October , 1979 by the following vote, to wit: AYES : Councilmen Packard, Lewis, Anear and Councilwoman Casler NOES : None ABSENT : Counc lman Skotn ATTEST: JgAG?&. 348- ALETHA L. RAUTENKRANZ, City Cle (SEAL) -4-