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HomeMy WebLinkAbout1983-02-15; City Council; 9669; CMC 19.04,150 amend - Negative declaration appeals to City Council1 2 3 4 5 6 7 a 9 10 11 c 0 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9669 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 SECTION 19.04.150 TO ALLOW THE APPEAL OF ALL NEGATIVE DECLARATIONS TO THE CITY COUNCIL. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code is amended by the amendment of Section 19.04.150 to read as follows: 19.04.150 Appeal of Negative Declarations. If the decision making body has the authority under this code to finally approve or deny a project, the decision to approve, conditionally approve or deny a negative declaration is final unless 1) any interested party files an appeal to the City Council of its decision on the project and negative declaration as provided by this code for appeals of projects or 2) any interested party appeals to the City Council of its decision on the negative declaration in writing filed with the City Clerk within ten days of the decision making body's approval, conditional approval or denial of the negative declaration. A fee established according to this title shall be paid to the City Clerk at the time of filing the appeal. If an appeal is of the decision on the project and the declaration, notice shall be given as provided in this code for appeals of the project. If the appeal is of the decision on the negative declaration alone, the clerk shall give a notice of hearing in the manner specified in Section 19.04.130. Such notice shall also be mailed to the applicant. The City Council shall hear the appeal and may approve, modify or disapprove the decision of the decision making body. 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 adoption. /// /// 'P+- r 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 1st day of , 1983, and thereafter PASSED AND ADOPTED at a meeting of said City Council held on the 15th day of February , 1983 by the following vote, to wit: AYES: Council -s Casler, Lewis, Kulchin, Chick and FTescott NOES : Ncne ABSENT: None I- MARY H.&ASLER, Mayor ATTEST : (SEAL) 2. 3