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Home My WebLink About1982-06-29; City Council; 9630; CMC 19.04 amends - 1980 environmental protection Ord consistent w/state law3 2 z 4 F: Y E 7 E 9 1C 11 19 20 21. 22 23 24 25 26 27 28 ORDINANCE NO, 9630 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 MAKE THE CARLS- BAD ENVIRONMENTAL PROTECTION ORDINANCE OF 1980 CONSISTENT WITH STATE LAW. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 19, Chapter 19.04, Section 19,04.025 of the Carlsbad Municipal Code is amended by the amendment of Subsection (4) to read as follows: "(4) Insure that the long-term protection of the environment, consistent with the provision of decent housing and satisfying living environments shall be a guiding criteria in public policy decisions. The term 'satisfying living en- vironments' includes natural environmental conditions, as well as physical amenities provided as a result of development." SECTION 2: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code )is amended by the amendment of the last sentence of Section 19.04.080 to read, "This section shall be implemented according to Section 65453 of the Government Code and Section 15079.7 of the State Guidelines," SECTION 3: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the addition of Section 19.04.085 to read as follows: Section 19.04.085 Limitation of this Chapter when an a) EIR has been prepared on prior zoning approvals. If a parcel has been zoned to accommodate a parti- cular density of residential development and an environmental impact report was certified for that zoning action, the applica- tion of this division to the approval of any subdivision map or other project that is consistent with the zoning shall be limited to effects upon the environment which are peculiar to the parcel or to the project and which were not addressed as significant ef- fects in the prior environmental report, approving the subsequent action shall mitigate the significant environmental effects by undertaking or requiring the undertaking The decision making body 1 2 3 4 5 6 7 8 9 IC 11 1< 2( 2: 2: 2: 21 21 2( 2' 21 of any feasible mitigation measures specified in the prior envi- ronmental impact report relevant to a significant effect which the project will have on the environment, gation measures are not undertaken or required, then the provi- sions of this Section shall have no application to that effect and further environmental review on that effect shall be conducted, When approving the project the decision making body shall make a finding at a public hearing as to whether those mitigation mea- sures will be undertaken. b) This Section shall be administered and implemented pursuant to Section 21083.3 of the California Public Resources Code. If such feasible miti- SECTION 4: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the amendment of the Sec- tion 19.04.120 to read as follows: 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 may be given prior to the completion of the declaration or draft of the environmental impact report, The Planning Director shall estab- lish guidelines for determining those projects which may require public notice of preparation. The Planning Director shall deter- mine when such notice shall be given. Notice of preparation may be given by publishing once in a newspaper of general circulation in the area where the project is located and mailing to all per- sons who have previously requested such notice. preparation shall be posted on a bulletin board in the public portion of City Hall. This notice is additional to all other notices. b) Prior to completing a negative declaration or draft environmental impact report the Planning Director may consult directly with any person or organization he believes will be con- cerned with the environmental effects of the project, All notices of SECTION 5: That Title 19, Chapter 19.04 is amended by the amendment of Section 19.04.130 to read as follows: Section 19.04,130 Negative Declaration a) The Plannins Director shall prepare a negative de- claration when he finds after the required-inquiry that the pro- ject will have no significant effect on the environment. The de- claration shall include the name of the applicant, the address or the location of the proposed project, the description of the project as proposed and the Director's findings that the project will not have a significant effect on the environment. claration shall also include a statement of the reasons which support the Director's findings, statement indicating who per- formed the initial study and evaluation, identification of the location where copies may be obtained; or in lieu of these state- The de- 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 ments a copy of the initial study documenting reasons to support the findings shall be attached. The declaration shall include a statement that comments on the declaration may be made. b) Notice that a negative declaration has been prepared shall be given to the public at least ten days prior to final adoption by the decision making body of the negative declaration and shall also be given to all organizations and individuals who have previously requested such notice. The public notice shall be given by at least one of the following procedures : general circulation in the City. project is located. the project as such owners as shown on the latest equalized assessment role. provision of this code, in lieu of the notice provided by this section the negative declaration shall be noticed in the same manner and at the same time as the other notice required for the project. Planning Director may require any additional notice he deems necessary for the project and shall assess the cost for any notice required by this section to the applicant. significant effects on the environment of a project as identified in an initial study have been clearly mitigated by project redesign so that no significant environmental effects would occur, a mitigated negative declaration shall be prepared instead of an environmental impact report. Mitigation under this section shall be limited to changes in the project resulting from either revisions in the project plans made by the applicant or an enforceable commitment from the applicant to include the mitigation measures in the project. A mitigated negative declaration shall be used only when the impacts and mitigation measures are readily apparent and would clearly result in an insignificant impact. It shall not be used as a substitute for an environmental impact report. Where a mitigated declaration has been prepared the decision making body shall make a finding that the project as approved will not have a significant effect on the environment. SECTION 6: That Title 19, Chapter 19-04 is amended by 1. Publication at least one time in a newspaper of 2. Posting on and off site in the area where the 3. Direct mailing to owners of property within 300' of If the project requires a noticed hearing under any c) If the Planning Director determines that all the amendment of Section 19.04.210 to read as follows: 19.04.210 Notice of Completion. As soon as a draft of the environmental impact report is completed the Planning Director shall file a Notice of Completion with the Secretary for the Resources Agency. The notice shall include a brief description of the project, its proposed location and address where copies of the report are available, and the period during which comments on the report will be received by the Planning Department. At the same time the Notice of Completion shall be posted on the bulletin board located in the public portion of City Hall. In addition, notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures: -3- 1 2 3 4 5 6 7 e 9 10 11 19 20 21 22 23 24 25 26 27 28 1. Publication once in a newspaper of general 2. Posting on and off site in the area where the 3. Direct mailing to owners of property as shown on The Planning Director may require any additional notice circulation in the City. project is located. the latest equalized assessment role within a radius of 300' of the proposed project. he deems necessary for the project and shall assess the cost of the applicant in lieu of public notice as specified in this section. the same manner and at the same time as the public notice otherwise required for the project. This shall not relieve the Planning Director from the obligation to post the notice on the bulletin board and send the notice to organizations and persons previously requesting such notice. The notice required by this section may be given in SECTION 7: That Title 19, Chapter 19-04 of the Carlsbad Municipal Code is amended by the amendment of Section 19-04-190 Subdivision (f) to read as follows: (f) The report shall also include a statement briefly describing the intended uses of the environmental impact report. This statement shall include to the extent that the information is known to the City a list of the agencies that are expected to use the EIR in decision-making and a list of the approvals for which the EIR will be used. If a decision making body will make more than one decision on a project all its decisions subject to this chapter should be listed preferably in the order that they will occur. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the I -- Carlsbad City Council, held on the 15th day of June 19 82 , and thereafter. -.- _I_ /// /// /// /// -4- 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 1: I€ 17 1€ 1s 2c 21 2: 22 24 2f 2c 2: 2E PASSED AND ADOPTED at a regular meeting of said City Council held on the 29th day of J" , 19 82 , by the following vote, to wit: AYES : buncil Members Casler Lewis Kulchin and Chick NOES: Iqcme ABSENT: None ATTEST : -5-