HomeMy WebLinkAbout1995-03-28; City Council; NS-305; Title 19 Update'
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ORDINANCE NO. NS-305
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 19, C€"TER 19.04 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF
SECTIONS 19.04.030(a), 19.04.040(b), 19.04.050,
19.04.060(a),(b),(e),(f), 19.04.070, 19.04.080(a), 19.04.090(a),
19.04.100(a),(b),(e),(f), 19.04.110, 19.04.120, 19.04.130,
19.04.140, 19.04.160, 19.04.170, 19.04.190, 19.04.210, 19.04.220,
19.04.260(a), 19.04.280(a),(b), 19.04.290, 19.04.350, 19.04.360,
19.04.370 TO BRING THE CHAPTER INTO
CONFORMANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND THE STATE
CEQA GUIDELINES.
CASE NAME: TITLE 19 UPDATE
CASE NO: MCA 94-01
12 WHEREAS, that the proposed code amendment to Title 19 of the C8
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Municipal Code is consistent with CEQA and the state guidelines and will ensure e.
15 WHEREAS, that the proposed code amendment to Title 19 is consiste
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17 the City's General Plan by ensuring proper and adequate environmental review of put
18 private projects that may affect the City's physical environment and natural resour1
implementation of Title 19.
19 WHEREAS, that the proposed code amendment to Title 19 will not ca
2o significant environmental impacts since the changes are designed to more effc
21 11 implement existing state environmental law, as described in the Negative Deck
22 It II completed by the Planning Director on September 12, 1994. 23
24 The City Council of the City of Carlsbad, California does ordain as f
25 SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad Municipa
26 is amended by the amendment of Section 19.04.030(a) to read as follows:
27 "(a) The state CEQA guidelines contained in Chapter 3, Division 6,1
28 of the California Code of Regulations, and as amended from time to time, are ado]
reference as the environmental review regulations for the city except for changes, adc
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deletions, amendments or supplements contained in this chapter which shall super$
provision of said guidelines.”
SECTION 2: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.040(b) to read as follows:
“(b) No permit, license, approval or other entitlement shall be given
project or for any items listed in Section 19.04.050 nor shall any project be undert
the city until the requirements of this chapter have been fulfilled.”
SECTION 3: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment to Section 19.04.050 to read as follows:
“(a) This chapter shall apply to all projects in the city undertaken or
by the city and to all permits, licenses, approval or other entitlements for an)
following, provided that they are not otherwise exempted:
(1) Zone change and zone code amendments;
(2) Variances;
(3) Master plans, specific plans or precise development plans, or amendments t
(4) Residential and nonresidential planned development permits;
(5) Conditional or special use permits;
(6) Redevelopment permits;
(7) Parcel maps;
(8) Tentative subdivision maps; (9) Grading, excavation, fill and dredging pen
(10) Site development plans;
(11) Adoption or amendment of a general plan or element thereof;
(12) Condominium permits;
(13) Any other private activity which requires a city entitlement which would :
(14) Any project where the city or its staff exercises deliberation or judgmen
(15) Planned industrial permits;
(16) Hillside development permits;
(17) Coastal development permits;
(18) Local coastal plan amendments.”
adverse significant effect on the environment;
approval process;
(b) ““Project” means an activity which may cause either a direct
change in the environment, or a reasonable foreseeable indirect physical changc
environment.”
SECTION 4: That Title 19, Chapter 19.04 of the Carlsbad Municig
is amended by the amendment to Section 19.04.060(a), (b), (e), and (f) to read as
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“(a) City Council. Unless the planning commission is the final decision-
body authorized by subsection (e) of this section to hold a public hearing on and (
final environmental impact report, it shall be the responsibility of the city council:
(1) To hold a public hearing on every environmental impact report and on every
the environmental review for which is conducted pursuant to Section 21080 of t:
Public Resources Code;”
“(b) Planning Director. The planning director is responsible for the
administration and implementation of this chapter. Whenever any notices, reF
documents are required or permitted to be filed the planning director shall be res]
for such filing unless otherwise provided in this title. Whenever this chapter or
requires the city to make a determination or do an act and the person or body to IT
determination or do the act is not specified then the planning director shall hi
responsibility, subject to appeal to the planning commission and city council. The I
director shall be responsible for the preparation of any environmental impact
negative declaration, mitigated negative declaration, or other related enviro.
documents required by this chapter. The director may require an applicant fc
entitlement for any private project to submit data and information which may be nc
to determine whether the proposed project may have a significant effect on the envi~
or to prepare any environmental impact report or negative declaration. Such d
information may include the preparation of a preliminary environmental impact r(
any part thereof; provided, however, that the city shall remain responsible for the (
of the report. The director may also require the applicant to pay the cost o
consultant hired to prepare an environmental impact report. The director may
assistance from any city department, other governmental entities and the pi
determined to be necessary to carry out these responsibilities.”
“(e) Planning Commission. It is the responsibility of the planning coml
(1) To hold a public hearing on every environmental impact report and on every
the environmental review for which is conducted pursuant to Section 21080 of t:
Public Resources Code;
(2) To complete the final environmental impact report in compliance with CEQA, 1
guidelines and this title;
(3) For projects for which it or any city official is the final decision-making bod;
for the possibility of appeal, to certify that the environmental impact report is co:
pursuant to CEQA, the state guidelines and this title;
(4) For projects for which the city council is the final decision-making body, to fon
final environmental impact report to the council for certification;
(5) For projects requiring an environmental impact report, negative declara
mitigated negative declaration, to make the finding of whether or not a proposed
will have a significant effect on the environment.”
“(f) Decision-making Body. The decision-making body or admin
official having final approval authority over the project shall certify that such d
making body or administrative official has reviewed and considered the informatio
EIR prior to approving the project or if no EIR was prepared, that the proj
processed in compliance with this code. The decision-making body shall also apl
disapprove mitigated negative declarations and negative declarations prior to or COI
with consideration of the project.”
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SECTION 5: That Title 19, Chapter 19.04 of the Carlsbad Municip:
is amended by the amendment of Section 19.04.070 to read as follows:
“(a) The planning director shall determine whether a private projec
than a ministerial project, is exempted from the requirements of this chapter. The F
director shall also determine whether a private project is excepted from the exemp
the state CEQA guidelines or this title. The applicant will be notified in writin{
planning director’s determination and may appeal the determination as provided in
19.04.080. A list of the planning director’s determinations made according to this
shall be posted weekly for five business days on a bulletin board located in a public
of the land use planning office.
(b) For ministerial projects and projects proposed by the city, the dep,
head with the responsibility for approving or carrying out the project shall de,
whether the project is exempted from the requirements of this chapter or excepted fi
exemptions of the state CEQA guidelines or this title, or shall refer the project
planning director for a determination. The applicant, if any, will be notified by WI
the determination made according to this section and may appeal the determinr
provided in Section 19.04.080.
(c) The planning director, or other appropriate department hea
determine notwithstanding the fact that a project may be within an exemption, thal
have an adverse significant effect on the environment for such reasons as scope or I
the activity, the cumulative impact of successive projects of the same type and in th
area, proximity to the beach, proximity to a lagoon, proximity to a floodplain, proxi
an environmental resource of hazardous or critical concern, or any other reason w
the judgment of the planning director or other appropriate department head may
a matter of the environment. If a determination is made that the project is exceptt
the exemptions of the state CEQA guidelines and this chapter, the notice of exemptil
not be issued and the project shall be processed in accordance with this chapter.
(d) The planning director shall establish a specific list of proje,
activities which fall within the categorical exemption classes of the state CEQA gui,
The planning director shall also establish a specific list of actions and activities 1
classified and defined as ministerial projects.”
21 SECTION 6: That Title 19, Chapter 19.04 of the Carlsbad Municipr
22 is amended by the amendment of Section 19.04.080(a) to read as follows:
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“(a) The determinations made according to Section 19.04.070 are fina
appealed to the planning commission. Appeals shall be filed in writing with the p
director within ten calendar days of delivery of the written notification to the appli
within ten calendar days of the expiration of the period for posting, whichever time
is least restrictive. For the purpose of this section if written notification is mailed, (
shall be the date of mailing.”
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SECTION 7: That Title 19, Chapter 19.04 of the Carlsbad Municipz
is amended by the amendment of Section 19.04.090(a) to read as follows:
“(a) When a project qualifies for an exemption and the city apprc
determines to carry out the project, the planning director, or other appropriate dep:
head, may file a notice of exemption with the county clerk. Such notice shall in!
description of the project, the location and the finding that the project is wil
exemption and a brief statement of the reasons for the finding. These notices may 1
weekly. The notice of exemption shall constitute an endorsement of compliance
project.”
SECTION 8: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.100(a), (b), (e), and (f) to read as f
“(a) If the project is not categorically exempt, the planning directc
conduct an initial study to determine if the project may have a significant effect
environment. The responsible city department or a private applicant for a city entif
shall submit to the director a completed environmental impact assessment form as
to determine the appropriate level of environmental review.”
“(b) The planning director with assistance from city departments, or
appropriate, shall review each project for which an initial study form has been file
director shall evaluate all information regarding the project and shall determine whe
not the project as proposed may involve a significant impact on the environment.”
“(e) If identified significant effects on the environment can be mitig;
that the project will have no significant effect on the environment, the director 1
imposition of appropriate project conditions, agreements, or other measures, includ
not limited to revision or redesign of the project, require the mitigation of these efft
mitigated negative declaration may then be issued for the project provided, howevc
no step or element of the project which may have a significant effect on the envirc
may be implemented or carried out unless the conditions intended to mitigate tha
have been implemented or assurances have been provided that the condition will be
out and enforced.”
“(f) The applicant shall be given written notice of the planning di~
determination under this section. Such notification may be given either by personal C
or first class mail. The applicant may appeal the directors’s determination to the pl
commission within ten calendar days after either the personal delivery or mailing
notice. The hearing shall be processed according to the procedures established in z
19.04.080 for hearing on determinations of exceptions.”
SECTION 9: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.110 to read as follows:
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“Prior to determining whether a mitigated negative declaration, nc
declaration or environmental impact report is necessary for a project, the planning d
shall consult with responsible agencies. This consultation may be quick and inforn
SECTION 10: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.120 to read as follows:
“(a) In order to ensure adequate public participation in the environ
review process, public notice of the preparation of mitigated negative declarations, n
declarations and environmental impact reports may be given prior to the completio1
declaration or draft of the environmental impact report. The planning directc
establish guidelines for determining those projects which may require public nc
preparation. The planning director shall determine when such notice shall be given.
of preparation may be given by publishing once in a newspaper of general circulatioi
area where the project is located and mailing to all persons who have previously re<
such notice. All notices of preparation shall be posted on a bulletin board in the
portion of community development, and shall be sent to the county clerk to be pos
a period of at least 30 days, except notices for negative declarations, and mitigated n
specified in Section 21092 of the Public Resources Code. This notice is additiona
other notices. (b) Prior to completing a mitigated negative declaration, negative decl
or draft environmental impact report the planning director may consult directly w
person or organization he believes will be concerned with the environmental effect
project.”
declarations shall be posted for at least 20 days, The notice shall be given in the I
SECTION 11: That Title 19, Chapter 19.04 of the Carlsbad Municipi
is amended by the amendment of Section 19.04.130 to read as follows:
“(a) The planning director shall prepare a mitigated negative declara
negative declaration when he finds after the required inquiry that the project quali
a negative declaration under the provisions of this chapter. The declaration shall a statement stipulating that comments on the environmental document from the pu
encouraged.
(b) The public review period for a mitigated negative declaration, or m
declaration shall be given in the manner specified in Section 21091(b), 21092, and
of the Public Resources Code. Notice shall also be given to all organizations and ind
who have previously requested such notice within the previous year.
(c) The planning director shall complete the mitigated negative declar
negative declaration within 105 days after the date when the planning director accel
private development application as complete for processing per the State CEQA gui
The planning director may extend this time limitation for a reasonable period of
compelling circumstances justify additional time and the project applicant consent
extension. ”
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SECTION 12: That Title 19, Chapter 19.04 of the Carlsbad Municipz
is amended by the amendment of Section 19.04.140 to read as follows:
“If the decision-making body has the authority under this code to
approve or deny a project, the decision to approve, conditionally approve or disapl
mitigated negative declaration or a negative declaration is final unless (1) any int
party files an appeal to the city council of the project as provided by this code for ;
of projects, or (2) any interested party appeals to the city council of the negative decl
in writing filed with the city clerk within ten days of the decision-making body’s appl
the negative declaration. A fee established according to this title shall be paid to
clerk at the time of filing the appeal. If an appeal is of the project, notice shall be E
provided in this code for appeals of the project. If the appeal is of the negative decl
alone, the clerk shall give a notice of hearing in the manner specified in Section 2
the Public Resources Code not later than ten days prior to the hearing. Such notic
also be mailed to the applicant and the appellant. The city council shall hear the app
may approve, modify or disapprove the decision of the decision-making body. The c
of the city council is final. For the purpose of this section, appeal of the decision
project shall be deemed an appeal of the decision on the negative declaration as v
SECTION 13: That Title 19, Chapter 19.04 of the Carlsbad Municip;
is amended by the amendment of Section 19.04.160 to read as follows:
“(a) No negative declaration, mitigated negative declaration, or environ
impact report is required for any project involving the construction of hou!
neighborhood commercial facilities in an urbanized area if the Planning Director c(
with 21080.7 of the Public Resources Code.
(b) If the planning director determines that an environmental impact
negative declaration, or mitigated negative declaration has been certified or appro
a project in connection with some previously issued entitlement for such project, the (
may issue a notice of determination without further processing pursuant to this chapt
if a subsequent initial study establishes, per the state CEQA guidelines, that th
environmental document is sufficient for the present project and additional sig
environmental impacts will not occur.
(c) The public review period for prior compliance shall be given
manner specified in Section 21091(b), 21092, and 21092.3 of the
Resources Code.“
SECTION 14: That Title 19, Chapter 19.04 of the Carlsbad Municip;
is amended by the amendment of Section 19.04.170 to read as follows:
“(a) Environmental impact reports shall be prepared by the planning t
for all city projects. The applicant for city entitlement for any private project may 1
and submit a preliminary environmental impact report to the director. The p
director may require the applicant to submit,’to a reasonable extent, additional info]
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necessary for a full and complete report. He may call for assistance fror
departments, other governmental entities and the public as he determines necessa
full and complete report. The planning director may, with the approval of the city
enter into a contract with private consultants for the preparation of a draft enviro:
impact report. The cost for such consultants shall be paid by the applicant. The co
shall not be an employee or affiliate of the applicant.
(b) The final decision-making authority shall certify the final EIR wil
year after the date when the planning director accepted the private development apy
as complete for processing per the state CEQA guidelines. The planning direc
extend this time limitation for a reasonable period of time if compelling circumstance
additional time and the project applicant consents to the extension.”
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is amended by the amendment of Section 19.04.190 to read as follows: 9
SECTION 15: That Title 19, Chapter 19.04 of the Carlsbad Municip
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“As soon as a draft of the environmental impact report is comple
planning director shall file a notice of completion with the secretary for the re
agency. At the same time the notice of completion shall be posted on the bulleti
located in the public portion of community development. Notice shall be given by
one of the following procedures:
(1) Publication once in a newspaper of general circulation in the area affected
proposed project. If more than one area will be affected, the notice shall be pub1
the newspaper of largest circulation from among the newspapers of general circuli
those areas;
(2) Posting on and off site in the area where the project is located;
(3) Direct mailing to owners of property as shown on the latest equalized assessmc
within a radius of three hundred feet of the proposed project.
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In addition notice shall be given in the same manner to all organizatic
individuals who have previously requested such notice.
The planning director may require any additional notice deemed neces
the project and shall assess the cost to the applicant. The notice required by this
may be given in the same manner and at the same time as the public notice ot
required for the project. This shall not relieve the planning director from the oblig
post the notice on the bulletin board and send the notice to organizations and
previously requesting such notice.”
SECTION 16: That Title 19, Chapter 19.04 of the Carlsbad Municip;
is amended by the amendment of Section 19.04.210 to read as follows:
“The environmental impact report shall be forwarded to the planning d
who shall set the matter for public hearing by the planning commission. Notice
public hearing shall be given as provided in Section 21.54.060(1) of this code.
If the hearings on the environmental impact report will be consc
according to this chapter with public hearings on other approvals on the project, thr
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required by this section may be given in the same manner and at the same time a
notice otherwise required for the project. At the hearing, the commission shall hc
comments on the report, and may refer it back to staff for further investigation, info
and analysis, and for the inclusion of additional material if they determine suc
necessary for a full and complete report. The planning director shall supplement th
if any significant points are raised at the hearing which have not been covered in the
For projects for which the planning commission or any city official is 1
decision-making body, except for the possibility of appeal, if the commission finds
report has been completed in compliance with CEQA the state guidelines and this
it shall be by resolutions so certified. For all other projects, the commission shall
the final environmental impact report to the city council with a recommendatic
whether or not the report has been completed in compliance with all ap
requirements.”
SECTION 17: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.220 to read as follows:
“Upon receipt of the planning commission’s recommendation, the ci
shall set the report for public hearing before the city council. Notice shall be give
manner specified in Section 19.04.210 at least ten days prior to the hearing d
certification of the environmental impact report is consolidated with other approval:
project, notice of the hearing on the EIR may be given in the manner provided
project. The council shall hold a public hearing on the environmental impact rep
the hearing the staff report, planning commission recommendation and comments f
public shall be received. The council may refer the report back to staff for
investigation, information, analysis and for the inclusion of additional material as
necessary for a full and complete report. The report shall be supplemented to incl
significant points raised at the hearing and not covered in the report. If the coun
that the report has been completed in compliance with the California Environmental
Act, the state guidelines and this chapter, they shall, by motion, so certify.”
SECTION 18: That Title 19, Chapter 19.04 of the Carlsbad Municip,
is amended by the amendment of Section 19.04.260(a) to read as follows:
“(a) If the environmental impact report for a project identifies one (
significant effects the project shall not be approved or carried out unless the decision-
body makes one or more of the following written findings or statements for each sig
effect. A statement of facts supporting each finding shall also be made.
(1) Changes or alterations have been required in, or incorporated into, the proj
which mitigate or avoid the significant environmental effects as identified in the E
(2) Changes or alterations are within the responsibility or jurisdiction of anothe
agency and have been, or can be, adopted by that agency.
(3) Specific economic, legal, social, technological, or other considerations, iI
considerations for the provision of employment opportunities for highly trained F
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make infeasible the mitigation measures or project alternatives identified
3 SECTION 19: That Title 19, Chapter 19.04 of the Carlsbad Municir
4 is amended by the amendment of Section 19.04.280(a) and (b) to read as follows:
environmental impact report.”
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“(a) Within five working days after the decision-making body app
determines to carry out a project or grants a requested entitlement for which a
declaration, mitigated negative declaration, or environmental impact report h;
prepared the planning director shall file a notice of determination with the coun’
For projects consisting of or including the adoption of an ordinance the nc
determination shall be sent within five working days after the second reading
ordinance by the city council.”
“(b) When a notice of determination is returned by the county clerk i
required posting period the planning director may make the notice a part of the pr<
or may forward the notice to the appropriate custodian of the project file for place
the file. The city shall retain the notice for not less than nine months.”
l2 /I SECTION 20: That Title 19, Chapter 19.04 of the Carlsbad MuniciF
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is amended by the amendment of Section 19.04.290 to read as follows:
“When a lead agency submits an environmental impact report to the
comment, it shall be referred to the planning director. The planning director is res1
for reviewing the report, preparing appropriate comments and forwarding a1
comments to the lead agency within the indicated time limits. The director may cons
and obtain input from any person with knowledge or expertise regarding the matte
part of the review, the director shall focus on the sufficiency of the environmental
report in discussing possible impacts upon the environment, ways in which
significant effects might be mitigated, and alternatives to the project, in light of th
of the California Environmental Quality Act to provide decisionmakers with
information about such factors.”
2’ ll SECTION 21: That Title 19, Chapter 19.04 of the Carlsbad Municip
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is amended by the amendment of Section 19.04.350 to read as follows:
““Planning director,” as used in this chapter means the planning directc
city or the director’s designated representative. The city manager may apprc
designation of a private consultant hired by the city to act for the planning directc
particular project.”
SECTION 22: That Title 19, Chapter 19.04 of the Carlsbad Municip;
is amended by the amendment of Section 19.04.360 to read as follows:
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“The city council shall adopt by resolution guidelines to aid
implementation of this title. These guidelines shall include, but are not lim
guidelines for preparation of draft and final EIR’s, a form which will solicit SI
information to allow the planning director to determine if a project may have a sit
effect on the environment, and guidelines for mandatory findings of significant efi
SECTION 23: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.370 to read as follows:
“If the procedure for notice of any other public hearings required
chapter is not specified, then the notice shall be given as provided in Section 21.9
of this code.”
EFFECTIVE DATE: This ordinance shall be effective thirty days 2
adoption, and the City Clerk shall certify to the adoption of this ordinance and cau
be published at least once in a newspaper of general circulation within fifteen days i
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the C,
City Council on the 21st day of MARCH , 1995, and thereafter.
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0 e
PASSED AND ADOPTED at a regular meeting of the City Counc
City of Carlsbad on the 28th day of MARCH , 1995, by the following vote, 1
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
LQ**
RONALD R. BALL, City Atto ey ' ZIb 9s.
ATTEST:
ll.&z?k
ALETHA L. RA
(SEAL)
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