HomeMy WebLinkAbout1981-10-06; City Council; 9604; CMC 19.04 amends - PC final approval for EIR processingE
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ORDINANCE NO. 9684
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 AMENDMENT
OF VARIOUS SECTIONS TO REVISE THE CITY'S ENVIRONMENTAL
IMPACT REPORT PROCESSING PROCEDURES IN ORDER TO ALLOW
THE PLANNING COMMISSION FINAL APPROVAL AUTHORITY FOR CERTAIN.MATTERS;----.-- .-_- ___._ ._ .- -
The City Council of the city of Carlsbad, California,
oes ordain as follows:
SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad
iunicipal Code is amended by the amendment of sections
9.04.040(b) and (f) to read as follows:
"(b) City-Council. Unless the Planning Commission is iuthorized by Subsection (f) to hold a public hearing on and iertify a final environmental impact report, it shall be the
eesponsibility of the City Council:
mpact report;
*eport is completed pursuant to CEQA, the state guidelines and his title.
Ilanning Commission:
mpact report;
iompliance with CEQA, the state guidelines and this title.
.he final decision making body except for the possibility of Ippeal, to certify that the first environmental impact report is
!ompleted pursuant to CEQA, the state guidelines and this title;
lecision making body, to forward the first environmental impact
weport to the Council for certification
weport, to make the finding of whether or not a proposed project
rill have a significant effect on the environment."
(1) To hold a public hearing on every environmental
(2) To certify that the final environmental impact
"(f) Planning-Commission. It is the responsibility of the
(1) To hold a public hearing on every environmental
(2) To complete the final environmental impact report in
(3) For projects for which it or any city official is
(4) For projects for which the City Council is the final
(5) For projects requiring an environmental impact
SECTION 2: That Title 19, Chapter 19.04 of the Carlsbad
lunicipal Code is amended by the amendment of Section 19.04.230 to
mead as follows:
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19.04.230 Planning Commission Hearing. The environmental impact report shall b e 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 equalized 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 costs to the applicant.
If the hearings on the environmental impact report will be 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 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.
city official is the final decision making body, except for the possibility of appeal, if the Commission finds that the report has
been completed in compliance with CEQA, the state guidelines and this chapter it shall by resolution so certify. For all other projects the Commission shall forward the final environmental impact report to the City Council with a recommendation as to
whether or not the report has been completed in compliance with
all applicable requirements.
For projects for which the Planning Commission or any
SECTION 3: That Title 19, Chapter 19.04 of the Carlsbad
Municipal Code is amended by the addition of Section 19.04.245 to
read as follows:
"l9.04.245- -Appeal of Planning Commission Decision. An applicant or any other interested person may appeal, from any action of the Planning Commission with respect to a final environmental impact report for which it is authorized by this
title to certify, to the City Council.
fifteen days after the action of the Planning Commission from which the appeal is being taken.
the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days
Any such appeal shall be filed with the City Clerk within
Upon the filing of an appeal, the City Clerk shall set
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following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final."
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
adopt ion.
INTRODUCD AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of sePtder
198 1 , and thereafter
PASSED, AND ADOPTED at a regular meeting of said City
Council held on the -69- -. day of October , 1981, by the
following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
MY B. CASLER, Vice mor
ATTEST :
(SEAL)
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