HomeMy WebLinkAbout1981-01-20; City Council; 9575; CMC 19.04 adds/amends/repeal - Title 19 exempt projects review1
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ORDINANCE NO. 9575
AN OFUIINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 19, CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 19.04.070(f), 19.04.090, 19.04.091, 19.04.095 AND 19.04.010 AND BY THE ADDITION OF SECTIONS 19.04.092, 19.04.094, AND BY THE REPEAL OF SECTION 19.04.170, TO REVISE PROCEDURES FOR
REVIEWING PROJECTS CATEGORICALLY EXEMPT FROM TITLE 19.
The City Council of the City of Carlsbad, California,
ioes ordain as follows:
SECTION 1: That Title 19, Chapter 19.04 of the
Zarlsbad Municipal Code is amended by the amendment of Section
L9.04.070(6) (D) to read as follows:
ireas with less than a twenty per cent slope which do not result
in any changes in land use or density, 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.
parcels in developed areas.
developed areas.
20 of this Code.
"(D) Minor alterations of land use limitations in
( i) Minor lot line adjustments, side yard and
( ii) Issuance of minor encroachment permits. (izi) Subdivision of land into four or fewer
( iv) Panhandle lot subdivisions in R-1 zones in
( y) Reversions to acreage in accordance with Title
SECTION 2: That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the amendment of Sections
19.04.090, 19.04.091 and 19.04.092 to read as follows:
"19.04.090 Determination of Exception and Exemption-- private projects. Except for projects within the scope of
Section 19.04.060(a), the Planning Director shall determine
whether a private project is excepted or exempted from the
requirements of this chapter. writing of the Planning Director's determination and may appeal the determination as provided in Section 19.04.094.
the Planning Director's determinations made according to this
section shall be posted weekly for five business days on a
The applicant will be notified in
A list of
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bulletin board located in a public portion of the Planning
Department.
ministerial permits. For projects within the scope of Section
19.04.060(a) and projects proposed by the City, the department head with the responsibility for approving or carrying out the project shall determine whether the project is excepted or exempted from the requirements of this chapter, or shall refer
the project to the Planning Director for a determination, The applicant, if any, will be notified by writing of the determina-
tion made according to this section and may appeal the determin-
ation as provided in Section 19.04.094.
19.04.091 Exceptions and Exemptions--public projects,
19.04.092 Exceptions and Exemptions--determination of significant effect. The Planning Director, or other approp- riate department head, may determine notwithstanding the fact that a project may be within an exemption or exception, that it may have a significant effect on the environment for such reasons as scope or scale of the activity, the cumulative impact
of successive projects of the same type and in the same area, 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 or other appropriate department head may involve a matter of the environment. If such a determina- tion is made, the Notice of Exemption shall not be issued and
the project shall be processed in accordance with this chapter,"
SECTION 3. That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the addition of Section
19.04.094 to read as follows:
"19.04.094 Appeals of Determinations on Exceptions
or Exemptions. (a) The determinations made according to Section 19.04.091 are final unless appealed to the Planning
Commission, Appeals shall be filed in writing with the Planning Director within ten calendar days of delivery of the
written notification or within ten calendar days of the
expiration of the period for posting.
section if written notification is mailed, delivery shall be the date of mailing.
no later than the second regularly scheduled meeting following
the filing of the appeal and may approve or disapprove the decision. The decision of the Commission shall be noticed in the manner provided in Section 19.04.090 as appropriate and shall be mailed to the applicant and the appellant. The Planning Commission decision may be
appealed to the City Council.
to the City Clerk within ten days of the mailing of the decision
of the Planning commission.
For the purpose of this
(b) The Planning Commission shall hear the appeal
(c) The appeal shall be made in writing
A fee established by this title shall
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be paid to the City Clerk at the time the appeal is filed. The City Council shall hear the appeal and may approve or disapprove the decision of the Planning Commission. The decision of the
City Council is final.
the Planning Commission or the City Council shall be given as provided in Section 19.04.130 for the noticing of negative declaration and by first class mail to the applicant and to the appellant.
(d) Notice of the hearing on appeal for either
SECTION 4: That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the amendment of Sections
19.04.095 and 19.04.110 to read as follows:
"19.04.095 Notice of exemption. (a) When a project
qualifies for an exception or exemption and the city approves or determines to carry out the project, the Planning Director, or
other appropriate department head, may file a Notice of Exemption with the County Clerk, Such notice shall include a description of the project, the location and the finding that the project is within an exception or exemption and a brief statement of the
reasons for the finding. These notices may be filed weekly. The
Notice of Exemption shall constitute an endorsement of compliance
for the project.
project, the applicant may file a Notice of Exemption. The
notice of exemption, filed by the applicant, shall contain the
information required in Subdivision (a) together with a certified document issued by the city stating that it has found the project
to be exempt. made according to Section 19.04.090 or Section 19.04.091.
Planning Director with assistance from city departments, or
staff as appropriate, shall review each project for which an initial study form has been filed. The Planning Director shall evaluate all information regarding the project and shall deter-
mine whether or not the project as proposed may involve a significant impact on the environment.
19.04.172, 19.04.173 and 19.04.174, if it is determined that a project may have a significant impact on the environment, the Planning environmental impact report according to the requirements of this chapter.
have no significant impact on the environment, the Director shall prepare a negative declaration.
environment can be mitigated so that the project will have no significant effect on the environment, the Director may by imposition of appropriate conditions, including but not limited
to revision or redesign of the project, require the mitigation
(b) Whenever the city approves an applicant's
This may be a certified copy of the determination
19.04.110 Evaluation of initial study. (a) The
(b) Except as provided in Sections 19.04.171,
Director shall prepare or cause to be prepared an
(c) If it is determined that the project will
(d) If identified significant effects on the
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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 signif- icant effect on the environment may be implemented or carried out unless the condition intended to mitigate that effect has
been implemented or carried out.
of the Planning Director's determination under this section. Such notification may be given either by personal delivery first class mail. The applicant may appeal the Director's
determination to the Planning Commission within ten calendar
days after either the personal delivery or mailing of the notice. The hearing shall be processed according to the procedures established in Section 19.04.094 for hearing on determinations
of exceptions. "
(e) The applicant shall be given written notice
or
SECTION 5: That Title 19, Chapter 19.04 of thecarlsbad
Municipal Code is amended by the repeal of Section 19.04.170.
EFFECTIVE DATE: This ordinance shall be effective thirt]
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 6th day Of January f
1981, and thereafter
PASSED AND ADOPTED at a regular meeting of said Council
held on the 20th day of January , 1981 , by the following
vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
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