HomeMy WebLinkAbout1980-09-02; City Council; 9557; CMC 19.04 amends - Environmental protection procedures & CEQAI
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ORDINANCE NO. 9557
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 19, CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE TO REVISE ENVIRONMENTAL PROTECTION PROCEDURES CONSISTENT WITH CEQA.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 19 of the Carlsbad Municipal Code
is amended by the amendment of Chapter 19.04 to read as follows:
"Chapter 19.04
ENVIRONMENTAL PROTECTION PROCEDURES
Sections :
19.04.010 Title. 19.04.020 Purpose. 19.04.025 Policy. 19.04.026 Policy regarding Environmental Impact Reports. 19.04.027 Interpretation.
19.04.028 General prohibition.
19.04.030 Definitions.
19.04.040 General responsibilities.
19.04.050 Application.
19.04.060 Exceptions.
19.04.070 Categorical exemptions.
19.04.0.80 Exception for projects pursuant to specific
19.04.090 Exception or exemption - Director's finding. 19.04.091 Approval based on Director's decision.
19.04.092 Appeal of Director's determination.
19.04.095 Notice of exemption. 19.04.100 Initial study. 19.04.105 Contents of initial study. 19.04.110 Evaluation of initial study. 19.04.115 Consultation during initial study. 19.04.116 Master environmental assessment.
19.04.120 Public notice of preparation. 19.04.130 Negative declaration. 19-04.140 Approval based on Negative Declaration. 19.04.150 Appeal of Negative Declaration. 19.04.160 Notice of determination - Negative
Declaration. 19.04.170 Decision to prepare an environmental impact
report. 19.04.171 Federal projects. 19.04.172 Lead agency. 19.04.173 Prior compliance.
plans.
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19.04.174 Use of a single environmental impact report.
19.04.180 Preparation of environmental impact report.
19.04.190 Information contained in environmental
19,04,200 Draft environmental impact report.
19,04.210 Notice of completion. 19.04.220 Final environmental impact report.
19.04.230 Planning commission hearing.
19.04.240 City Council hearing.
19.04.250 Consolidation.
19.04.260 Standard of review.
19.04-265 Required findings - mitigation measures,
19.04.270 Consideration of environmental documents.
19.04.280 Notice of determination.
19.04.290 Review of lead agency environmental impact
19.04.300 Requests for environmental documents.
19.04.310 Retention of public comments.
19.04.320 Cost of reports--fee schedule.
19.04.330 Mailing of notice on request--clerk. 19.04.340 Mailing of notice on request--planning director.
19.04.350 Limitation of time for bringing legal action.
19.04.360 Planning director--representative.
19.04,370 Interpretation--state guidelines.
19.04.380 Time limits for certification.
19.04.390 Extension of time for review. 19.04.400 Guidelines.
19.04.010 Title, This chapter shall be known as "The
impact report.
reports.
Jity of Carlsbad Environmental Protection Ordinance of 1980."
19.04.020 Purpose. This chapter is intended to provide for enhancement and protection of the environment within the 2ity of Carlsbad by establishing principles, objectives, criteria, definitions and procedures for evaluation of the environmental impact of public and private projects in an orderly manner. This zhapter implements the California Environmental Quality Act of
1970 as amended and the state guidelines issued pursuant thereto
oy the Resources Agency. This chapter provides for the preparation and evaluation of environmental impact reports and other environmental documents.
19.04.025 Policy. The California Legislature has declared
that every citizen has a responsibility to contribute to the preservation and enhancement-of the environment and has further
3eclared it to be their intent that cities regulate their own
activities and the activities of others under City jurisdiction
in such a manner as to insure that major consideration is given to preventing environmental damage, while providing for decent homes and a satisfying living environment. It is the policy of the City of Carlsbad to give full effect to the Legislature's declarations and to:
in the future, and take all action necessary to protect, rehabili-
tate and enhance the environmental quality of the City;
(a) Develop and maintain a high quality environment now and
(b) Take all action necessary to provide the people of the
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City with clean air and water, enjoyment of aesthetic, natural,
scenic and historic environmental qualities, and freedom from excessive noise:
to man’s activities, insure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history;
consistent with the provision of decent housing and satisfying living environment, shall be a guiding criterion in public decisions;
nature can exist in productive harmony to fulfill the social and
economic requirements of present and future generations
environmental quality;
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.
(c) Prevent the elimination of fish or wildlife species due
(d) Ensure that the long term protection of the environment,
(e) Create and maintain conditions under which man and
(f) Develop standards and procedures necessary to protect
(9) Consider qualitative factors as well as economic and
19.04.026 Policy regarding Environmental Impact Reports.
To achieve the policies established in Section 19.04.025, the
following policies for the use of environmental impact reports
are established:
identify the significant effects of a project on the environment, to identify alternatives to the project, and to indicate the manner in which such significant effects can be mitigated or avoided.
mitigation measures and alternatives to projects.
on the environment of projects it approves or carries out to-the
(a) The purpose of an environmental impact report is to
(b) Environmental impact reports should emphasize feasible
(c) The City shall mitigate or avoid the significant effects
I extent it is feasible to do so.
(d) In the event that economic, social, technical, or other conditions make it infeasible to mitigate one or more significant effects of a project on the environment and the project alterna- tives are also unfeasible; such project may nonetheless be approved or carried out at the discretion of the City, provided that the project is otherwise permissible under applicable laws and regulations.
public agencies in evaluating projects to determine whether a project may have a significant effect on the environment, to examine and institute methods of reducing adverse impacts, and to
consider alternatives, including disapprovals, to a project as
proposed. These steps of analysis and evaluation must be completed prior to approval of the project.
tion, emphasis should be placed on consultation before environ-
mental documents are prepared rather than on the submission of
adversarycomments on a completed document.
(e) The environmental review process is intended to enable
(f) In order to avoid delay and allow full public participa-
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19.04.027 Interpretation. It is the policy of the City that this chapter be interpreted liberally and in a manner which will afford the greatest possible protection to the environment within
the reasonable scope of the statutory language.
19.04.028 General prohibition. (a) No decision making body of the City shall approve or carry out a project as proposed
unless the significant environmental effects have been reduced
to an acceptable level. As used on this section "acceptable level"
shall mean that all significant environmental effects that can
feasibly be avoided have been estimated or substantially lessened or determined through findings described in Section 19.04.265(a) of this code and any remaining significant effects have been found
acceptable under Section 19.04.265(b) of this code.
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.
(b) No permit, license, approval or other entitlement shall
19.04.030 Definitions. Unless the context otherwise requires, the definitions set forth in this section shall aovern d the interpretation of this chapter. The meanings of words or terms used in these definitions shall be deemed to be the same as or consistent with the same words or terms defined in CEQA or
the state guidelines. "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.
the City to a definite course of action in regard to a project intended to be carried out by any person. approval of any project is determined by the City according to this chapter and any other rules, regulations, and ordinances applicable to the project.
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.
"Categorical exemption" means an exception from the requirements of this title 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.
(d) "California Environmental Qual-ity Act (CEQA) means Division 13 (commencing with Section 21000) of the Public Resources Code of the State of California . (e) "City" means the City of Carlsbad, California and its City Council. "City" also means the area within the territorial limits of the City of Carlsbad and territory outside of this
City over which the City has jurisdiction by virtue of any
constitutional provision, any law, or by reason of ownership or
control of property.
(a)
(b) "Approval" means the decision by the City which commits
The exact date or
(c)
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(f) "Cumulative impacts" refer to two or more individual
effects which, when considered together, are considerable or which
compound or increase other environmental impacts.
from a single project or a number of separate projects.
change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonable forseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
(9) "Decision making body" means any person or group of
people within the City permitted by law to approve or disapprove
the project at issue.
(h) "Discretionary project" means an activity defined as a project which requires the exercise of judgment, deliberation,
or decision on the part of a public agency, the City, or decision
making body, including City staff, in the process of approving or disapproving a particular activity as distinguished from situations where a public agency, the City, or decision making body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. (i) "Emergency" means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health,
property, or essential public services.
within the area which will be affected by a proposed project
including land, air, water, minerals, flora, fauna, ambient noise,
objects of historic or aesthetic significance.
Environmental Impact Reports, initial studies, Negative Declara-
tions, Notices of Completion, and Notices of Determination.
report setting forth in detail the matters specified in Section
19.04.190 of this code, and may mean either a draft or final-
report. An Environmental Impact Report also includes any comments which are obtained or are required to be obtained pursuant to this article. Environmental Impact Report shall also include any subsequent EIR authorized by this code and "EIR" shall also mean the same as supplemental EIR unless otherwise specifically noted herein.
Environmental Impact Report containing the information specified in Section 19.04.200 of this code and in Sections 15141, 15142
and 15143 of the state environmental impact report guidelines.
(2) "Final Environmental Report" means an Environmental
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. (m) "Feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, environmental, social, and technological factors.
(1) The individual effects may be changes resulting
(2) The cumulative impact from several projects is the
(j) "Environment" means the physical conditions which exist
(k) "Environmental documents" mean draft and final
(1) Environmental Impact Report - EIR" means a written
(1) "Draft Environmental Impact Report" means an
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(n) "Guidelines" means the adopted "guidelines for environ-
(0)
(p) "Jurisdiction by law" means the authority of any public
mental review" as described in Section 19.04.400 of this code.
by the lead agency to determine whether an EIR or a Negative Declar- tion must be prepared.
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 juris- diction 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.
principal responsibility for preparing environmental documents
and for carrying out or approving a project which may have a
significant effect on the environment. (r) "Ministerial projects", as a general rule, include projects which are undertaken or approved by a City decision made upon a given statement 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.
(s) "Negative Declaration" means a written statement by the
lead agency briefly describing the reasons that a proposed project, although not otherwise exempt, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. (t) "Person" means any person, firm, association, organiza-
tion, partnership, business, trust, corporation, company, district, county, city and county, city, town, the state, and any of the agencies or political subdivisions of such entities.
"Initial study" means a preliminary analysis prepared
(4) "Lead agency" means the public agency which has the
(u) rrProject". '
(1) Project means the whole of an action which has a potential for resulting in a physical change in the environment, directly or ultimately, that is any of the following:
agency, including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordi-
nances, and the adoption and amendment of local general plans or elements thereof pursuant to Government Code Sections 65100-65700.
(B) An activity undertaken by a person which is
supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
(A) An activity directly undertaken by any public
(C) An activity involving the issuance to a person
(2) Project does not include: (A) Anything specifically exempted by state law.
(B) Proposals for legislation to be enacted by
State Legislature.
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(C) Continuing administrative or maintenance xtivities, such as purchases for supplies, personnel related sctions, emergency repairs to public service facilities, general ?olicy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies.
people of the state or of a particular community.
Deing approved and which may be subject to several discretionary
3pprovals by governmental agencies. The term "project" does not nean each separate governmental approval. All public or private activities or undertakings pursuant to or in furtherance of an approved redevelopment plan shall be deemed to constitute a single project.
(v) "Public agency" includes any state agency, board or :ommission, any county, city and county, city, regional or local sgency or district, redevelopment agency or other political sub-
3ivision. It does not include the courts of the state or agencies
Df the federal government.
to undertake or approve a project but is not the lead agency for the
project. It includes all public agencies other than the lead agencj
tvhich have approval power over the project.
(x) "State guidelines" mean the guidelines adopted by the
State Secretary of Resources pursuant to CEQA and contained in
Title 14, Division 6, of the California Administrative Code,
commencing with Section 15000.
(y) "Significant effect on the environment" means a sub- stantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.
(z) "Tiering" means the coverage of general matters in broad EIR's with subsequent narrow environmental documents, incorporating
by reference, the general discussions contained in the broad EIR
and concentrating on issues specific to the environmental document subsequently prepared,
(D) The submittal of proposals to a vote of the
(3) The term "project" refers to the activity which is
(4)
(w) "Responsible agency" means a public agency which proposes
19.04.040 General responsibilities.
(a) Lead Agency. The responsibilities and determination of "Lead Agency" shall be as stated in Sections 15064 through 15066
of the state guidelines. In all redevelopment projects, the
Redevelopment Agency shall be considered the Lead Agency.
Council:
(b) City Council. It is the responsibility of the City
(1) To hold a public hearing on every EIR.
(2) To certify that the final EIR is completed pursuant to CEQA, the state guidelines and this title.
(c) Planning Director. The Planning Director shall be
responsible for the preparation of any environmental impact report
or negative declaration required by this chapter. The director
may require an applicant for a city entitlement for any private project to submit data and information which may be necessary to
determine whether the proposed project may have a significant ///
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effect on the environment or to prepare any environmental impact
report or negative declaration.
include the preparation of a preliminary environment impact report or any part thereof, provided, however, that the city shall remain responsible for the contents of the report.
may also require the applicant to pay the cost of a city consultant hired to prepare an environmental impact report.
call for assistance from any city department, other governmental entities and the public as he determines necessary to carry out these responsibilities.
having the responsibility for issuance of any permit for a project, as defined herein, shall comply with the title and the procedures
set forth in the guidelines. (e) Permit applicant. Any person seeking the issuance of a
permit for any project as described herein shall first comply with
the title and procedures set forth in the guidelines and shall thereafter construct and maintain the project in reasonable compliance with such permit.
Such data and information may
The Director
The Director may
(d) Persons charqed with issuing permits. All persons
(1) (2) To conplete the final EIR in compliance with CEQA,
(3) For projects requiring an EIR, to make the findings
To hold a public hearing on every EIR.
the state guidelines and this title and forward the final EIR to
the City Council for certification.
of whether or not a proposed project will have a significant
effect on the environment.
(9) Decision making body. The decision making body or administrative official having final approval authority over the
project shall certify that such decision making body or adminis- trative official has reviewed and considered the information in the EIR prior to approving the project or if no EIR was prepared, that the project was processed in compliance with this code. The decision making body shall also approve or disapprove Negative Declarations prior to considerationof project.
19.04.050 Application. This chapter shall apply to all projects in the City undertaken or pursued by the City and to all permits, licenses, approvals or other entitlements for any of the following, provided that they are not otherwise exempted:
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(a) (b) Variances; (c) Master plans, specific plans or precise development
(d) Planned developments; planned unit developments and
(e) (f) Community redevelopment projects; (9) Supplemental use districts;
(h) Parcel maps;
(i) (j) Tentative subdivision maps; (k) Grading, excavation, fill and dredging permits;
(1) Site development plans;
Zone change and zone code amendments;
plans or amendments thereto;
planned community developments; Conditional or special use permits;
Drill sites within any oil or water drilling district:
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- (f) Planning commission. It is the responsibility of the
Planning Commission:
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(m) Adoption or amendment of a general plan or element
thereof;
(n)
(0)
(p)
Condominium permits and condominium conversion permits; Any other private activity which requires a City entitle-.
Any project including building permits where the city or
ment which would have an adverse effect on the environment;
its staff exercises deliberation or judgment in the approval
19.04.060 Exceptions. (a) Ministerial projects.
Ministerial projects are excepted from the requirements of this chapter. are the issuance of building permits, except as provided in Section 19.04.050, and business licenses, the approval of final
subdivision maps and individual utility service connections and disconnections and the issuance of an adult entertainment permit. (b) Emergency projects. The following emergency projects
are excepted from the requirements of this chapter.
public agency to maintain, repair, restore, demolish or re;?lace 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. (d) 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.
been processed by another public agency acting as a lead agency under the provisions of the guidelines 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) This chapter shall not apply to the approval,
modificiation, establishment, structuring or restructuring of
any rates, tolls, fares, fees or other charges by city. In claiming this exemption, city shall make written findings setting
forth with specificity the basis for the claim as provided in
Included within the definition of ministerial projects
(1) Projects undertaken, carried out or approved by a
(e) Lead agency other than city. Any project which has
process :
(9) Any residential project consisting of five or more units
requiring a building permit;
(r) square feet or more requiring a building permit.
(s) Any alteration or addition to a residentia, comnercial or industrial structures of 2,500 square feet or over 50 percent of the existing development; whichever is less.
Any commercial or industrial project consisting of 5,000
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section 15079.1 of the state guidelines.
financed by the city which are intended to implement Article
KIIIA of the California constitution and which comply with Section 15079.2 of the state guidelines.
(9) This chapter shall not apply to projects undertaken or
19.04.070 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, mechancial equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including
but not limited to:
owned utilities used to convey or distribute electric power, natural gas, sewage, etc.;
(2) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities;
(3) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to 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; 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;
and water supply reservoirs (excluding the use of economic poisons,
as defined in Division 7, Chapter 2, California Agricultural
Code) ;
wildlife waterway devices, streamflows, springs and waterholes,
and stream channels (clearing of debris) to protect fish and
wildlife resources;
(8) Division of airspcein existing buildings into
condominiums unless new units are to be constructed or added.
(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;
(10) Conversion of a single family residence to office use.
(11) Additions to existing structures (except conversions to condominiums or other similar ownerships), provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less: or 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the
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(1) Existing facilities of both investor and publicly
(4)
(5) New copy on existing on and off premises signs;
(6) Maintenance of existing landscaping, native growth
(7) Maintenance of wildlife habitat areas, artificial
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:enera1 Plan and the area in which the project is located is not tnvironmentally sensitive.
(b) Installation of new equip"? and facilities for water lain, sewage, electrical, gas and other utility extensions of 7easonable length to serve new construction of small structures
is defined in the state guidelines unless the cumulative impact If successive installations of the same type in the same place )ver a period of time is or may be significant;
)f substantially the same size, purpose and capacity.
There the surface is restored to the condition existing prior to :he undergrounding.
(e) New construction or conversion of small facilities or structures or the conversion of such structures from one use to
mother where only minor modifications are made in the exterior of
:he structure including but not limited to:
(1) Single family residences not in conjunction with
:he building of two or more such units within a two year period.
(2) Apartments, duplexes and other similar structures vith not more than four dwelling units not in connection with the milding of two or more such structures within a two year period. Cn the area covered by the Redevelopment Plan this exemption applie! :o structures of not more than six dwelling units.
(3) Accessory (appurtenant) structures including garages
zarports, patios, swimming pools and fences. This exemption shall 2pply only no significant grading or alteration of land is needed €or the project.
(f) Minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of nature, scenic trees, except for forestry and agriculatural ?urposes including but not limited to:
(c) Replacement of a commercial structure with a new structurt
(d) Conversion of overhead utilities to underground service
(1) New gardening or landscaping;
(2) Minor alterations in land, water and vegetation on ?xisting officially designated wildlife management areas or fish
3roduction facilities which result in improvement of habitat for €ish and wildlife resources or greater fish production;
(3) Minor temporary uses of land having negligible or
70 permanent effects on the environment, including carnivals, sales of Christmas trees, etc.:
zoning, including but not limited to:
setback variances not resulting in the creation of any new parcel 3r in any change in land use or density.
(4) Minor alterations in land use limitations, except
A. Minor lot line adjustments, side yard and
B. Issuance of minor encroachment permits.
C. Parcel splits in R-1 zones in developed areas.
D. Panhandle lot subdivisions in R-1 zones in
E. Reversions to acreage in accordance with Title developed areas.
20 of this Code.
existing commercial, industrial or institutional facilities such as on premises signs or small parking lots:
(5) Construction or placement of minor appurtenances to
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(6)
(7)
Minor trenching and backfilling where the surface
Grading at less than 250 yards in developed areas
is restored:
and areas containing no significant resources, provided no adverse
effect on the environment will occur and the project is consistent
with Chapter 11.06. Creation of bicycle lanes on existing rights-of-way.
tion purposes, including the preservation of fish and wildlife habitat, the establishment of ecological reserves, and the preservation of access to public lands and waters when the purpose of the acquisition is to preserve the land in its natural condition;
school grounds where the addition does not increase original
student capacity by more than twenty-five percent or five class-
rooms, whichever is less;
Redevelopment Plan.
preserve open space.
City to implement an adopted Housing Assistance Plan by acquiring an interest in housing units.
guidelines not to have a significant effect on the environment;
(8) (9) The acquisition of land for fish and wildlife conserva-
(h) Minor additions to existing schools within existing
(i)
(j)
(k)
Minor projects undertaken pursuant to an adopted
Transfer of ownership of interests in land in order to
Actions by the Housing and Redevelopment Commission or
(1) Any other class of project determined by the city
19.04.080 Exception for projects pursuant to specific plans.
No environmental impact report or negative declaration shall be required for any residential project, including land subdivision or zone change, which is undertaken pursuant to and inconformity ivith a specific plan for which an EIR has been certified after January 1, 1980: unless after the adoption of the specific plan an event specified in Section 21166 of the Public Resources Code
should occur. Section 65453 of the Government Code.
This section shall be implemented according to
19.04.090 Exception or exemption - Director's Finding.
The Planning Director shall determine whether a project is excepted
3r exempted from the requirements of this chapter. If that fietermination is made, the Planning Director shall prepare and
file a notice of exemption.
lotwithstanding the fact that a project may be within an exemption
2r exception, that it may have a significant effect on the
2nvironment for such reasons as: scope or scale of the activity,
xmulative impacts of successive projects of the same type in the same place, proximity to the beach, proximity to a lagoon,
?roximity to a floodplain, proximity to an environmental resource
2f hazardous or critical concern, or any other reason which in the judgment of the Planning Director may involve a matter of
mvironment. If it so determines, the notice of exemption will
lot be issued and the projects will be processed in accord with
this chapter.
Director's determination. ippealed as provided in Section 19.04.150. The decisions of the
lirector regarding an exemption of exception are final unless
The Director may determine,
The applicant will be notified by mail of the
The Director's determination may be
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appealed. busizless clays on a bulletin board located in a public portion of the Planning
Departmat, and published once during the posting perid in a newspaper of
general circulation in the City.
notice he deems necessary and assess the costs to the applicant.
of the City shall approve a project prior to the expiration of the tire for
filing an appeal as provided in Section 19.04.092.
A copy of the Director's detennination shall be posted for ten
me Planning Director my require any addition<
19.04-091 Approval based on Director's decision. No decision-making body
19.04.092 Appeal of Director's determination. Any determina: tion of the Planning Director made according to this chapter may
be appealed by any interested party to the Planniag Commission.
Appeals shall be filed with the Planning Director accompanied by a fee established according to this title within fifteen calendar
days of the mailing of the Director's determination or within five
calendar days of the expiration of the period for posting, whichever is later. The Director shall give notice of the hearing on appeal
in the manner specified in Section 19.04.130 and by first class mail to the applicant and the appellant. The Planning Commission shall hear the appeal no later than the second regularly scheduled
meeting following the filing of the appeal and may approve, conditionally approve, modify or disapprove the decision or declaration.
The decision of the Commission shall be noticed in the manner 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,
to this title shall be paid to the City Clerk at the time the appeal is filed. manner specified in Section 19.04.130.
A fee established according
The clerk shall give a notice of hearing in the
Such notice shall also be mailed to the applicant and the appellant. I- ,
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.
19.04.095 Notice of Exemption. When a project qualifies for an exception or exemption and the City approves or determines
to carry out the project, the Planning Director shall file a
notice of exemption with the County Clerk.
include a description of the project, the location, and the finding
that the project is wi.thin the exception or exemption and a brief
statement of the reasons for the finding, and when the City approves an applicant's project, a certified copy of the Director's deter- mination.
tion shall constitute an endorsement of compliance for the project.
Such notice shall
These notices may be filed weekly. The notice of exemp-
19.04.100 Initial study. If the project is not categorically exempt and does not qualify for an exception, the Planning Director 'shall conduct an initial study to determine if the project may have
a significant effect on the environment. The responsible City ldepartment or a private applicant for a City entitlement shall i submit to the Director a completed "Environmental Impact Assessment
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determining whether a negative declaration or environmental impact report is necessary for a project, the Director shall consult with responsible agencies. This consultation may be quick and informal.
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19.04.116 Master environmental assessment. The City may prepare a master environmental assessment as provided in Section
15069.6 of the state guidelines. shall be made available to applicants for use in preparing environmental documents. The Planning Director is authorized to implement this section.
This assessment, if prepared,
FQTKI"~S an ai8 go' the determination.
19.04.105 Contents of initial study. The initial study
shall include at least the following information: a brief
fiescription of the project , including any applicable plans ; an identification of the environmental setting; an identification
3f the environmental effects; a discussion of mitigation methods for significant effects identified; a discussion of whether the project is compatible with the provisions of Title 21 of this code and general or specific plans: and the identity of the preparer of the initial study.
19.04.110 Evaluation of initial study. The Planning
lirector, with assistance from City departments or staff, as 3ppropriate, shall review each project for which an initial study €om as been filed.
the project and shall determine wheter or not the project as ?reposed may involve a significant effect on the environment. If it is deternined that the project may have a significant impact 3n the environment, an environmental impact report will be prepared snd processed. If it is determined that the project will have no
significant impact on the environment, the Director shall prepare
s negative declaration. If identified significant effects on the snvironment can be mitigated so that the project will have no significant effect on the environment, the Director may by the
imposition of appropriate conditions, including but not limited to revision or redesign of the project, require the mitigation of
these effects. A negative declaration may then be issued for the project as provided in Section 19.04.130 provided, however, that no step or element of the project which may have a significant effect on the environment nay be implemented or carried out unless the condition intended to mitigate that effect has been implemented 3r carried out.
It shall evaluate all information regarding
19.04.120 Public notice of preparation. (a) In order to insure adequate public participation in the environmental process, public notice of the preparation of negative declarations and
environmental impact reports shall be given no later than twenty- one days prior to the completion of the declaration or draft environmental impact report.
once in a newspaper of general circulation in the area where the project is located; and
(1) Notice of preparation shall be published
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(2) Notice of preparation shall be mailed to all persons
qho have previously requested such notice.
nlletin board in the public portion of the Planning Department €or the time periods specified in Subsection (a).
iotices.
(b) All notices of preparation shall also be posted on the
(c) This notice shall be in addition to all other required
19.04.130 Negative declaration. The Planning Director shall ?repare a negative declaration when he finds after the required
inquiry that the project will have no significant effect on the
znvironment. The declaration shall include the name of the appli:
:ant, the address or location of the proposed project, a descriptior
Df the project as proposed and the Director's finding that the
?reject will not have a significant effect on the environment.
ieclaration shall also include a statement of the reasons which
support the Director's finding, a statement indicating who performec the initial study and evaluation, identification of the location dhere copies may be obtained; or in lieu of these statements, a
zopy of the initial study documenting reasons to support the findin!
shall be attached. The declaration shall include a statement that
zomments on the declaration may be made.
Such declaration shall beposted for ten business days on a
Dulletin board located in the public portion of the Planning Iepartment and shall be published once during the posting period
in a newspaper of general circulation in the City. The Planning Director may require any additional notice he deems necessary for the project and assess the costs to the applicant. The Planning Director shall establish guidelines for determining those projects which may require such additional notice. If the Planning Director determines that significant effects 3n the environment of a project can be mitigated as provided in this section, a negative declaration may be issued. The negative declaration shall include those items specified in Section 19.04.161 and the conditions which have been imposed to mitigate any signifi- cant effect. Negative declarations so conditioned shall be used only when the impacts and mitigation measures are readily apparent and when implemented will clearly result in an insignificant impact. They shall not be used as a substitute for an environmental impact report.
19.04.140 mval based on negative declaration. At any the prior
to approving a project but after the time for posting of the negative declaration provided by Section 19.04.130, the decision-making body shall consider the negative declaration together with any "ents received during the public review process and approve, conditionally approve, or disapprove by mtion the negative declaration.
The
19.04.150 appeal of negative declaration. (a) If the decision-making
body has the authority under this code to finally approve or deny a project, the decision to approve a negative declaration is final unless,
(1) any interested party files an appeal to the City Council of the project and
negative declaration as provided by this code for appeals of projects or (2)
any interested party appeals to the City Council the negative declaration in writing filed With the City Clerk within ten days of the decision-making body's approval of the negative declaration. A fee established
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.ccording to this title shall be paid to the City Clerk at the
.ime of filing the appeal. If an appeal is of the project and
.he declaration,notice shall be given as provided in this code
!or appeals of the project. leclaration alone, the Clerk shall give a notice of hearing in the lanner specified in Section 19.04.130. iailed to the applicant and the appellant.
)r disapprove the decision of the decision-making body. iecision of the City Council is final.
iegative declaration is final and an environmental impact report
shall be prepared.
If the appeal is of the negative
Such notice shall also be
The City Council shall hear the appeal and may approve, modify The
(b) The decision of the decision-making body to disapprove a
19.04.160 Notice of determination - negative declaration.
ifter a decision-making body of the City approves a project for
vhich a negative declaration has been prepared, it shall file a
iotice of determination according to Section 19.04.280.
19.04.170 Decision to prepare an environmental impact report.
Zxcept as provided in Sections 19.04.171, 19.04.172, 19.04.173 and
L9.04.174, if the Planning Director finds after the required ;.nquiry that a project may have a significant effect on the mvironment, he must prepare or cause to be prepared an environ- iental impact report in accord with the requirements of this :hapter .
19.04.171 Federal projects. If the Planning Director ietermines that an environmental impact report must be prepared Eor a project and that an environmental impact statement for the
same project has been or will be prepared pursuant to the require- nents of the National Environmental Policy Act of 1969 and implementing regulations, all or any part of such statement may >e submitted in lieu of all or any part of the environmental
impact report required by this chapter, provided said statement :omplies or is supplemented so it complies with the requirements Df this chapter.
19.04.172 Lead agency. (a) If the Planning Director
ietermines that a project is to be carried out or approved by one
3r more public agencies in addition to the City of Carlsbad, he
shall first determine, pursuant to the applicable provisions of
the state guidelines, which entity will be the lead agency.
If the Planning Director determines that the City of
Carlsbad is the lead agency, the project shall be processed in accordance with the terms of this chapter.
If the Planning Director determines that another public
agency is the lead agency, the environmental documents prepared
by such agency shall be the environmental documentation for the
City of Carlsbad. Such documents shall be considered 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 of this chapter.
(b)
(c)
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19.04.173 Prior compliance. (a) If the Planning Director
letermines that an environmental impact report or negative leclaration has been certified for a project in connection uith some previously issued entitlement for such project, he nay issue a notice of determination without further processing ?ursuant to this chapter unless:
?reject which would require important revisions of the environ- nental impact report due to the involvement of new significant xmironmental impacts not considered in the previous report on
the project.
the circumstances under which the project is to be undertaken,
such as a change in the location or manner of construction of the project which will require important revisions in the xmironmental impact report due to the involvement of new significant environmental impacts not considered in the previous
report on the project.
to the project which was not known at the time of the certification
3f the previous environmental impact report and which shows
?ither significant effects or mitigation measures which were lot previously discussed or were not adequately discussed in
light of the new information.
2pproval of the project, a subsequent EIR shall be prepared
?rior to initial approval, if any of the above conditions
xcur after initial approval but prior to a later required
mtitlement, a subsequent EIR shall be prepared prior to the spproval of the latter entitlement. A subsequent EIR shall be 2rocessed in the same manner as an EIR. (c) A supplement to the EIR may be prepared if any of
the conditions of this section would require the preparation sf a subsequent EIR and only minor changes are necessary to
nake the previous EIR adequately apply to the project in the :hanged situation. The supplement to the ELR need contain mly that information necessary to make the previous EIR sdequate and shall be processed with the same notice and public review given to a draft EIR, however, a supplement to
sn EIR may be circulated by itself without recirculating the
prior EIR. When acting on the project, the decision making Dody shall consider the previous EIR as revised by the supplement to the EIR.
to subsection (a) unless:
iieclaration is submitted to the acting or approving authority in the City for consideration prior to action on the project.
the environmental impact report or negative declaration to the
acting or approving authority, notice of the Planning Director's
intention to issue a notice of determination is 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 board and the time and date for submission to the acting authority and
the manner by which objections may be raised.
(1) There are substantial changes proposed for the
(2) There are substantial changes with respect to
(3) There is new information of substantial importance
(b) If any of the above conditions occur prior to initial
(d) A notice of determination may not be issued pursuant
(1) The environmental impact report or negative
(2) At least ten days prior to the submission of
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19.04.174 Use of a single environmental impact report. (a) If approved by the Planning Director, a single environmental %pact report may be e6ployed to describe more than
one project, if such projects are essentially the same in terms of environmental impact.
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. Whenever the City chooses to utilize any of these alterna- tives, 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. If such findings cannot be made, the environmental impact report shall be supplemented by a subsequent EIR to insure that all environmental factors have been considered in regard to the individual project. allow the tiering of environmental impact reports,
been prepared on a program, plan, or policy and a subsequent
environmental impact report is prepared later on an action included within the program plan, or policy (such as a site specific action) the subsequent environmental impact report need only summarize the issues discussed in the broader environmental
impact report, incorporate discussions from the broader environ-
mental impact report by reference, and concentrate on the issues
specific to the subsequent proposal. The subsequent document shall state where the earlier document is available.
The City may elect to use an earlier
The City may also elect to
Whenever a broad scope environmental impact report has (b)
19.04.180 Preparation of environmental impact report. Environmental impact reports shall be prepared by the Planning
Director for all City projects, for any private project may prepare and submit a preliminary
environmental impact report to the Planning Director. 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
for a full and complete report. The Planning Director shall
consult with all responsible agencies pursuant to Section 15066 of
the state 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 Planning Director shall also consider all written comments received from members of the public pursuant to Section 19.04.200 of this code. 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 in regard to the subject project.
The Planning Director may, with the approval of the City Council,
enter into a contract with private consultantsfor the preparation
of a draft environmental impact report. The cost for such
The applicant for City entitlement
The Planning
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consultants shall be paid by the applicant. The consultant shall not be an employee or affiliate of the applicant.
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19.04.190 Information contained in Environmental Impact
(a)
leport.
itatement setting forth the following:
An environmental impact report shall include a detailed
(1)
(2)
(3)
(4)
(5)
A description of the project. A description of the environmental setting of the
The significant environmental effects of the
Any significant environmental effects which cannot
Mitigation measures proposed to eliminate the
xoposed project.
xoposed project .
tvoided if the project is implemented.
;ignificant environmental effects or reduce them to levels of Lnsignificance, including but not limited to measures to reduce
Tasteful, inefficient, and unnecessary consumption of energy.
(6) Alternatives to the proposed project.
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(7) nan's environment and the maintenance and enhancement of long term
3roductivity.
(8) irhich would be involved in the proposed project should it be implemented.
sithin the project boundaries.
sith the City's general plan and applicable regional plans. The environmental impact report shall emphasize impacts
determined to be significant and omit examination of effects determined to be clearly insignificant by the initial study.
The report shall contain a statement briefly indicating
the reasons for determining that various effects of a project are not significant and consequently have not been discussed in detail in the environmental impact report. The report shall. also contain an index or table of
contents and a summary. The summary shall stress the major
conclusions, areas of controversy, and issues to be resolved including alternatives and mitigation measures identified in the report or in comments made on the project or report. The
summary shall be written in language sufficiently simple that the issues can be easily understood by an average member of the lay public.
section shall be required only in environmental impact reports prepared in connection with the following:
policy, or ordinance of a City agency.
of a resolution making determinations.
for preparing an environmental impact statement pursuant to the
requirements of the National Environmental Policy Act of 1969.
The relationship between local short term uses of
Any significant irreversible environmental changes
The growth inducing impact of the proposed project. The number of people affected by the project
The consistency or any inconsistency of the project
(9)
(10)
(11)
(b)
(c)
(d)
(e) The information described in Subsection (a) (7) of this
(1) The adoption, amendment, or enactment of a plan,
(2)
(3)
The adoption by a local agency formation commission
A project which will be subject to the requirement
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19.04.200 Draft environmental impact report. The draft znvironmental impact report shall contain substantially the same information as a final environmental impact report. The Planning lirector shall consult with and obtain comments from other public 3gencies having jurisdiction by law with respect to the project. le should also consult with any person having special expertise rJith respect to any environmental impact involved. He shall naintain a listing of local, state and federal agencies which nave jurisdiction by law with respect to various projects and project locations within the City. persons with special expertise or concern with regard to such
?rejects shall also be maintained. Copies of the draft report shall be submitted for comment to a11 agencies having jurisdiction ~y law over the project. submitted for comment to other agencies and persons as the Planning 3irector determines to be necessary to a full and complete report. If any public agency or person consulted failed 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
zomment 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 complete report.
Planning Director.wi.U accept written comments on or objections to the draft report during the period of public availability. After the expiration of said period, the Planning Director shall prepare or cause to be prepared the environmental impact report.
A list of local agencies or
Copies of the draft report may also be
The
19.04.210 Notice of completion. As soon as a draft environ-
mental impact is complete, the Planning Director shall file a notice of completion with the Secretary for the Resources Agency. 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 on the report will
be received by the Planning Department.
notice of completion shall be posted on a bulletin board located
in the public portion of the Planning Department, published once
in a newspaper of general circulation and mailed to all property owners as shown on the latest equalized assessment roll, within a radius of three hundred feet of the proposed project. If the
number of persons to whom notice would be mailed is over one
hundred, in lieu of mailing, such notice may be given by placing a display advertisement of at least one quarter page in the news- paper having the greatest circulation in the City. The Planning Director may require any additional notice he deems necessary for
the project and assess the costs to the applicant.
consolidated according to this chapter with public hearings on
other approvals on the project, the notice required by this
section may be given in the same manner and at the same time as
The
At the same time the
If the hearings on the environmental impact report will be
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public notice otherwise required for the project.
19.04.220 Final environmental impact report. In addition to the information specified in Section 19.04.190, the final environ- mental impact report shall include the drzft environmental impact report, a section listing the organizations and persons consulted, 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. The response of the Planning Director may be in the form of a revision of the draft environmental impact report Dr an attachment thereto describing the disposition of the significant points raised. The major issues raised when the position of the Planning Director is
at variance with the comments shall be addressed in detail and
the reasons why any specific comments and suggestions were not
accepted shall be stated. The City Council may, by resolution,
prescribe guidelines in addition to the requirements of this
section for the contents of the environmental impact report.
19.04.230 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, published once in a newspaper of general circulation and mailed to all property owners as shown on the latest equalize&-assessment roll within a radius of three hundred feet of the proposed project ten days prior to the date of the hearing. If the number of persons to whom notice would be mailed is over one hundred, in lieu of mailing, such notice may be given by placing a display advertisement of at least one quarter page in the newspaper having the greatest
circulation in the City. The Planning Director may require any additional notice he deems necessary for the project and assess the
If the hearings on the environmental impact report will be
consolidated according to this chapter with public hearings on othex
lapprovals on the project, the notice required by this section may
be given in the same manner and at the same time as public notice
otherwise required for the project. At the hearing the Commission shall hear 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
inclusion of additional material if they determine such to be
necessary 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 project. 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.
costs to the applicant. I- ,
19.04.240 City Council meeting. Upon receipt of the Planning Commission’s recommendation, the City Clerk shall set the report for public hearing before the City Council. Notice shall be given in the manner specified in Section 19.04.230 ten days prior to the hearing date. If certification of the environmental impact
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report is consolidated with other approvals for the project notice of the hearing on the EIR may be given in the manner provided for the
project.
impact report. recormendation and torments fran the public shall be received. The CounciL
nay refer the report back to staff for further investigation, information,
analysis and for the inclusion of additonal material as dd 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.
Council finds that the reprt has been capleted in coqliance with the Califomia End" Quality Act, the state guidelines and this chapter, they shall, by &ion, so certify.
The Council shall hold a pdlic hearing on the enviromtal At the hearing the staff report, Planning Cdssion
If the
19.04.250 Consolidation. The Planning Conanission or City Council may consolidate a hearing on an environmntal impact report or negative declaration
with any other hearing held by the Council or Ccmnission in regard to the
sam project.
review and consider the information contained in the report before taking
action on the other aspects of the project before them.
In such case, the City Council or Planning Conmission shall
19.04.260 Standard of review. In considering whether or not to approve
a project for which an enviromntal hpct reprt is required and has been
prepared, the Planning Conmission or City Council shall first review and
consider the infomation contained in the report.
docwent prepared to inform the decision makers and the general public of the enviromtal effects of the projects they propose to carry out or approve. The process is intended to enable the City to:
effect on the enviromt;
must be done prior to approval or disapproval of the project.
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
enviromtal impact reprt require that a project be disapproved.
is the express policy of the City of Carlsbad 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 Com-
mission or the City Council may balance environmental objectives
with economic and social objectives in arriving at a decision.
evaluating whether or not to approve 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.
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.
The report is an infomation;
(1)
(2) (3) Consider altematives to the project as prop&. These things
Evaluate a project to determine whether it may have a significanl
Examine and institute mthods of reducing adverse impacts: and
&I enviromental
While it
In
The Council or Commission may disapprove a
19.04.265 Required findings - mitigation measures. (a) If
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:he environmental impact report for a project identifies one or %ore significant effects the project shall not be approved or
zarried out unless the decision making body makes one or more of :he following written findings or statements for each significant 2ffect. A statement of facts supporting each finding shall also ,e made.
incorporated into, the project and which mitigate or avoid the significant environmental effects as identified on the EIR;
3ility or jurisdiction of another public agency;
nake infeasible mitigation measures or project alternatives.
significant environmental effect will not be reduced to an
3cceptable level the decision making body shall make a statement
3f overriding considerations which shall be mentioned in the
notice of determination and shall include the following written findings or statements.
.. (1) The reasons which support its action based on the inal EIR or other information on the record or a combination of loth.
Any findings or statements required under Subsectior :a) of this section.
(1) Changes or alterations have been required on, or
The mitigation measures are within the responsi- (2)
(3) Specific economic, social or other considerations
If the project will be approved or carried out and a (b)
(2)
19.04.270 Consideration of environmental documents. In :onsidering whether or not to approve a project for which a iegative declaration has been processed, a determination of
Zxemption, exception or prior compliance made, or any other mvironmental document issued which results in an endorsement of :ompliance pursuant to this chapter, the decision making body ;hall first review and consider such document and all the Lnfomation contained therein, Ln Section 19.04.260 for evaluation of environmental impact
reports shall be applied.
19.04.280 Notice of determination. After the decision naking body approves a project or grants a requested entitlement for which a negative declaration or an environmental impact report ias been prepared, the Planning Director shall file a notice of letemination.
If a negative declaration has been prepared the notice of
yetermination shall include: The common name of the project when
?ossible, the location of the project, a brief description of the
?reject, the date the project was finally approved, the determina-
tion of the body that the project will not have a significant sffect on the environment, a statement that a negative declaration has been prepared according to CEQA and this chapter and an sddress where a copy of the negative declaration may be examined.
If an environmental impact report has been prepared the notic of determination shall include:
when possible, the location of the project, a brief description of
the project, the date the project was finally approved, the
determination of the agency whether the project in its approved
form will have a significant effect on the environment, a statemen
The standard of review prescribed
The common name of the project
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that an environmental impact report was prepared according to the
provision of CEQA and this chapter, whether mitigation measures were made a condition of approval for the project, whether a statement of overriding consideration was adopted for the project, and an address where a copy of the environmental impact report and the record of project approval may be examined. The notice of determination shall be filed with the County Clerk.
agency, the notice of determination shall also be filed with the Secretary for Resources.
If the project requires discretionary approvals from a state
19.04.290 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 forwarding 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. As a part of 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 alternatives to the project, in
light of the intent of the California Environmental Quality Act to provide decision makers with useful information about such factors.
19.04.300 Requests for environmental documents. The Planning
Director shall make environmental impact reports or other environ-
mental documents available for reasonable public inspection. He
may establish and collect a charge no greater than the actual cost
of reproduction for any person requesting copies.
19.04.310 Retention of public comments. Comments received
from other aqencies or individuals in the course of the consultatioi 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.
19.04.320 Cost of reports--fee schedule. 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 actual cost shall be collected from the applicant.
19.04.330 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 in an amount established by City Council resolution shall accompany each such request.
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19.04.340 Mailinq of notice on request--Planning Director. The Planning Director shall mail a copy of any negative declara- tions 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 in an munt cWAUshed by City Council resolution.
19.04.350
(a) Any action or proceeding to attack, review, set aside, void or annual any decision of matters listed in this chapter 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 days after the date of
the filing of the notice of determination: or if no notice of determination is filed, within 180 days of the decision or of the
commencement of the project if there is no final 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.
determined a project not to be subject to the provisions of this chapter or CEQR shall be brought within 35 days of filing the
notice of exemption. action shall be brought within 180 days of the decision or of the commencement of the project if there is no decision.
Limitation of time for bringing legal action.
(b) Any action alleging that the City has improperly
If no notice of exemption if filed the
19.04.360 Planning Director--Representative. The tern "Planning Director" as used in this chapter means the Planning Director of the City or his designated representative. The City Manager may approve the designation of a private consultant to act for the Planning Director for a particular project .
19.04.370 Interpretation--state guidelines. It 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 themselves accordingly in
administering this chapter. if possible, be resolved by reference to the applicable portions of the California Environmental Quality Act and the state guide-
lines.
Any problem of interpretation shall,
19.04.380 Time limits for certification. When the City is
the lead agency for a project an environmental impact report shall be certified no later than one year or a negative declaration adopted no later than 105 days from the date on which the application requesting approval of the project is accepted as complete by the City, unless such time limits are extended according to Section 15054.2 of the state guidelines. If the
conditions of Section 15054.1 of the state guidelines are met application for a project shall be deemed not received for filing under the permit statute until the environmental documents required by this Title are completed. A project under Title 20 of this code
may be processed, but shall not be deemed received until the
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environmental documents are completed.
all steps up to and including preparation of the document ready for
approval but does not include the approval of the negative
declaration by the decision making body.
Completion of a negative declaration within 105 days includes
19.04.390 Extension of time for review. The City Council may
extend the periods of public availabilitv or comment on draft environmental impact reports and may extend the periods for review
of final reports when necessary for adequate review of large public
or private projects.
19.04.400 Guidelines. The City Council shall adopt by
resolution guidelines to aid on the implementation of this Title. These guidelines shall include, but are not limited to, guidelines for preparation of draft and final EIR's, a form which will solicit sufficient information to allow the Planning Director to determine if a project may have a significant effect on the environment and guidelines for mandatory finds of significant effect.
EFFECTIVE DATE: This ordinance shall be effective thirty days
after its adoption, and the City Clerk shall certify to the adoptioi
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 19th day of August , 1980 and
thereafter.
PASSED AXD ADOPTED at a regular meeting of said City Council
held on the 2nd day of September , 1980 by the following vote,
to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
&TTEST :
(Seal)