HomeMy WebLinkAbout2001-07-10; City Council; NS-593; CMC 19.04 repeal/reenact - California Environmental Quality Act (Title 19)...1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. NS-5g3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA TO REPEAL AND RE-ENACT TITLE
19, CHAPTER 19-04 OF THE CARLSBAD MUNICIPAL CODE TO
BRING THIS CHAPTER INTO CONFORMANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE
STATE CEQA GUIDELINES
CASE NAME: TITLE 19 UPDATE
CASE NO.: MCA 01-02
I WHEREAS, the proposed repeal and re-enactment of Title 19 of the Carlsbad
~ Municipal Code is consistent with the California Environmental Quality Act (CEQA) and the
State CEQA Guidelines and will ensure effective implementation of Title 19,
WHEREAS, the proposed repeal and re-enactment of Title 19 is consistent with
the City’s General Plan by ensuring proper and adequate environmental review of public and
private projects that may affect the City’s physical environment and natural resources,
WHEREAS, the proposed repeal and re-enactment of Title 19 will not cause any
significant environmental impacts since the changes are designed to more effectively implement
existing State environmental law, as described in the Negative Declaration completed by the
Planning Director on March 8, 2001,
follows:
The City Council of the City of Carlsbad, California, does hereby ordain as
TITLE 19
ENVIRONMENTAL PROTECTION PROCEDURES
CHAPTER 19.04
19.04.010 Purpose. 19.04.020 State Guidelines Incorporated by Reference.
19.04.030 Planning Director Responsibilities.
19.04.040 Planning Commission Responsibilities.
19.04.050 City Council Responsibilities.
19.04.060 Determination of Exemption and Exception.
19.04.070 Exemption Procedures.
19.04.080 Appeals on Determinations of Exemptions or Exceptions.
19.04.090 Initial Study.
19.04.100 Mailing of Negative Declaration on Request.
19.04.110 Appeal of Negative Declaration.
19.04.120 Preparation of Environmental Impact Report.
19.04.130 Requests for Additional Public Review Time on the Draft 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Environmental Document.
19.04.140 Hearing. 19.04.150 Consolidation.
19.04.160 Time Limits for Preparation of Environmental Documents.
19.04.170 Appeal of Environmental Impact Report
19.04.180 Mitigation and Monitoring Reporting Programs.
19.04.190 Mailing of Notices on Request.
19.04.200 Indemnification by An Applicant.
19.04.210 Enforcement.
19.04.220 Severability.
19.04.010 Purpose.
A. This chapter is intended to provide for protection and enhancement of the
environment within the City by establishing principles, objectives, criteria, and procedures for
evaluation of the environmental impact of public and private projects and for administering the
City’s responsibility under the California Environmental Quality Act, hereinafter referred to as
CEQA and the State CEQA Guidelines issued pursuant thereto by the California Resources
Agency. The procedures and provisions of this chapter are intended to supplement the CEQA
Guidelines and to provide additional guidelines for implementing CEQA and evaluating projects
in the City.
19.04.020 State Guidelines Incorporated by Reference.
A. The California Environmental Quality Act (Public Resources Code, § 21000 et.
seq.) and the State CEQA Guidelines contained in Title 14, Division 6 of Chapter 3, Section
15,000 et. seq., of the California Code of Regulations, and as amended from time to time, are
adopted by reference as the environmental review regulations for the City except for changes or
additions contained in this chapter that shall supplement the provisions of said Guidelines.
19.04.030 Planninq Director Responsibilities. A. The Planning Director or his designee is responsible for the general
administration and implementation of this chapter. Whenever any notices, reports or documents
are required or permitted to be filed, the Planning Director shall be responsible for such filing
unless otherwise provided in this title. Whenever this chapter or CEQA requires the City to
make a determination or do an act and the person or body to make the determination or do the
act is not specified, then the Planning Director shall have that responsibility, subject to appeal to
the Planning Commission and City Council. The Planning Director shall be responsible for the
preparation of any environmental impact report (“EIR”), negative declaration, mitigated negative
declaration, or other related environmental documents required by this chapter.
B. The Planning Director may require an applicant for a City entitlement for any
private project to submit data and information which may be necessary to determine whether
the proposed project may have a significant effect on the environment prior to accepting the
application as complete. C. The Planning Director may request assistance from any City department, other
governmental entities or the public as determined to be necessary to carry out these
responsibilities. All department heads shall respond promptly to all requests for information or
assistance made by the Planning Director. D. Prior to completing a negative declaration, mitigated negative declaration, or draft
EIR, the Planning Director may consult directly with any person or organization he believes will
be concerned with the environmental effects of the project.
E. If the Planning Director determines that a project is to be carried out or approved
by one or more public agencies in addition to the City, he shall first determine which entity will
be the lead agency.
-2- 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
F. Whenever the City is a responsible agency the Planning Director shall provide
the information and responses to the lead agency which the Planning Director deems necessary
in order to comply with the statutory responsibilities of a responsible agency.
19.04.040 Plannina Commission Responsibilities.
A. For projects for which the Planning Commission is the final decision-making
body, except for the possibility of appeal, it is the responsibility of the Planning Commission to
hold a hearing on and adopt or disapprove adoption of a negative declaration or a mitigated
negative declaration, or to certify by resolution that an EIR is completed pursuant to CEQA.
6. For projects for which the City Council is the final decision-making body, but
requiring Planning Commission review of the project, it is the responsibility of the Planning
Commission to forward the final environmental document to the City Council with a
recommendation for City Council action.
19.04.050 Citv Council Responsibilities.
A. Unless the Planning Director or Planning Commission is the final decision-
making body for a project, it is the responsibility of the City Council to hold a hearing on and
adopt a negative declaration or mitigated negative declaration or to certify, by resolution, a final EIR for the project.
19.04.060 Determination of Exemption and ExceDtion.
A. The Planning Director shall determine whether a private or public project is a
ministerial project, and if not, whether it is exempted from the requirements of this chapter. The
Planning Director's determinations of exempt projects made according to this section shall be
posted weekly for five business days on a bulletin board accessible to the public in the Planning
Department. The Planning Director shall also determine whether a private or public project is
excepted from the exemptions in the State CEQA Guidelines or this title, in which case the
applicant will be notified in writing of the Planning Director's determination. Any determination
may be appealed as provided in Title 21, Chapter 21.54, Section 21.54.140 of this code.
19.04.070 Exemption Procedures.
A. The following sections implement Section 15300.4 of the CEQA Guidelines which
require the City to list those specific activities which fall within each of the following exempt
classes:
1. Statutorv exemptions. Pursuant to Section 15260, statutory exemptions
are those projects that the Legislature has determined should be exempted from CEQA and
which are found in various State statutes. These include ministerial projects, categorical
exemptions and general rule exemptions.
a. Ministerial projects. Pursuant to Section 15369 of the CEQA
Guidelines, ministerial projects are those that involve little or no personal judgment by the public
official as to the wisdom or manner of carrying out the project. They involve the use of fixed
standards or objective measurements. Projects in the City specifically deemed to be ministerial
include all post-approval submittals in substantial conformance with the approval. Post-
approval submittals include certified tentative subdivision maps, final maps, grading, landscape
and improvement plans, CCBRs and building plans. Other ministerial projects include final
inspections, issuance of licenses, utility service connections and disconnections, City-ordered
brush clearance of non-sensitive areas in accordance with City of Carlsbad procedures, and
other similar actions for which no discretion exists that could create or avoid environmental
impacts.
b. Categorical exemptions. Pursuant to Section 15300 of the CEQA
Guidelines, categorical exemptions are classes of projects determined not to have a significant
effect on the environment which are therefore exempt. No clarifications or additions are
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2c
21
22
23
24
25
26
27
28
necessary to Sections 15260 to 15285 and Sections15300 to 15332 other than to specify that
preliminary design work for capital improvement projects in the City and lot line adjustments
(that do not increase density or intensity of use), within prescribed parameters, fall within Class
5, Section 15305 of the Guidelines.
exemptions provided for in the Public Resources Code and State CEQA Guidelines including
ministerial projects and categorically exempt projects pursuant to Section 15061(b)3 of the
CEQA Guidelines, general rule exemptions are defined as projects "where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA." The following are specific actions
considered not to have a significant effect pursuant to this provision:
1) Minor zone or municipal code amendments that do not
involve physical modifications, lead to physical improvements beyond those typically exempt, or
which refine or clarify existing land use standards;
2) Projects that are not specifically listed as categorical or
statutory exemptions but exhibit characteristics similar to one or more specific exemptions.
no exemption shall apply in the following circumstances: B. Exceptions. Even though a project may otherwise be eligible for an exemption,
1. Grading and clearing activities affecting sensitive plant or animal habitats,
which disturb, fragment, or remove such areas as defined by either the California Endangered
Species Act (Fish and Game Code Sections 2050 et seq.), or the Federal Endangered Species
Act (16 U.S.C. Section 15131 et seq.); sensitive, rare, candidate species of special concern;
endangered, or threatened biological species or their habitat (specifically including sage scrub
habitat for the California Gnatcatcher); or, archaeological or cultural resources from either
historic or prehistoric periods;
2. Parcel maps, plot plans and all discretionary development projects
otherwise exempt but which affect sensitive, threatened or endangered biological species or
their habitat (as defined above), archaeological or cultural resources from either historic or
prehistoric periods, wetlands, stream courses designated on U.S. Geological Survey maps,
hazardous materials, unstable soils, or other factors requiring special review, on all or a portion
of the site.
C. General rule exemptions. In addition to all other statutory
' II 19.04.080 Appeal on Determinations of Exemptions or Exceptions.
A. The determinations made accordina to Section 19.04.070 are final unless
appealed to the Planning Commission pursuant to the procedures set forth in Title 21, Chapter
21.54, Section 21.54.140 of this code.
City Council shall be sent by first class mail to the applicant and to the appellant.
B. Notice of the hearing on appeal before either the Planning Commission or the
19.04.090 Initial Study. A. The responsible City department or a private applicant for a City entitlement shall
submit to the Planning Director a completed en&onmental impact assessment form and
supporting environmental studies as an aid in evaluating environmental impacts.
B. The Planning Director, with assistance from City departments or staff as
appropriate, shall review each project for which an initial study form has been filed. If the projeci
the project may have a significant effect on the environment and determine the appropriate level
is not categorically exempt, the Planning Director shall conduct an initial study to determine ii
of environmental review necessary.
C. If it is determined that the project will have no significant impact on the
environment, the Planning Director shall prepare a negative declaration.
D. If identified significant effects on the environment can be mitigated so that the
project will have no significant effect on the environment, the Planning Director may, with the
applicant's agreement, by imposition of appropriate project conditions, agreements, or other
..
-4-
1
2
3
4
5
6
i
E
s
1(
11
1;
1:
1L
1:
1t
1:
If
I!
2(
2:
2:
2:
21
2:
2(
2'
2:
measures, including but not limited to, revision or redesign of the project, require the mitigation
of these effects. A mitigated negative declaration may then be issued for the project provided,
however, that no step or element of the project which may have a significant effect on the
environment may be satisfied or carried out unless the conditions intended to mitigate that effect
have been implemented or assurances have been provided that the condition will be carried out
and enforced.
E. Except as otherwise provided in (D) above, if it is determined that a project may
have a significant impact on the environment the Planning Director shall prepare or cause to be
prepared an EIR according to the requirements of CEQA.
19.04.100 Mailina of Neoative Declaration on Reauest.
A. The Planning Director shall prepare a negative declaration or a mitigated
for a negative declaration or a mitigated negative declaration under the provisions of CEQA.
negative declaration when he/she finds after the required initial study that the project qualifies
The declaration shall include a statement stipulating that comments on the environmental
document from the public are encouraged.
19.04.1 10 ADDeal of Neqative Declaration.
A. If the Planning Director or the Planning Commission has the authority under this
code to approve or deny a~project, the decision to adopt, conditionally adopt or disapprove
adoption of a negative declaration or a mitigated negative declaration is final unless any
interested party files an appeal of the negative declaration, as provided by this code in Title 21,
Chapter 21.54, Section 21.54.140.
City Council shall be sent by first class mail to the applicant and to the appellant.
B. Notice of the hearing on appeal before either the Planning Commission or the
19.04.120 Preparation of Environmental Impact Report.
A. If the Citv determines that an environmental imDact reDort is reauired for a . .. .. ~~~ , ~~~~~ project, the City shall immediately send notice of preparation (NOP) to ali parties as provided in
Section 21080.4 (PRC) and Sections 15082 and 15083.5 of the CEQA Guidelines. The City
shall send the NOP to all property owners within 600 feet of the perimeter of the subject site.
Additionally, the City may send the NOP to all persons or organizations that the City believes
may have an interest in the proposed project or related issues. Notices for projects with
potential impacts of regional significance shall be sent to adjacent cities. Notice of preparation
shall also be given by publishing once in a newspaper of general circulation in the area where
the project is located and mailing to all persons who have previously requested such notice. All
notices of preparation shall be posted on a bulletin board available to the public in the Planning
Department, shall be sent to the County Clerk to be posted for a period of at least 30 days, and
shall be sent to the State Clearinghouse when appropriate.
B. The Planning Director may, with the approval of the City Council if necessary,
enter into a contract with private consultant(s) for the preparation of a draft EIR. The cost for
such consultant(s) shall be paid by the applicant. The applicant shall have no direct contact
with the consultant unless approved by the City. The consultant shall not be an employee or
affiliate of the applicant. C. Copies of the draft EIR may be submitted for comment to any agencies and
to the applicant and a copy shall be available to the public in the Planning Department. A copy
persons that the Planning Director determines to be necessary. The draft report shall be mailed
shall also be made available at each of the Carlsbad City Libraries until filing of the notice of
determination by the City. D. At the same time, a notice of completion shall be posted on a bulletin board
accessible to the public in the Planning Department.
-5-
1
i
3 -
L
&
t
I
5
1(
11
1:
1:
1L
1:
1(
1'
1:
I!
21
2
2:
2:
2.
2.
2f
27
28
E. In addition to the notice required by State law, the Planning Director may require
any additional notice deemed necessary for the project and shall assess the cost to the
applicant.
19.04.1 30 Reauests for Additional Public Review Time on The Draft Environmental Document.
interested party for an additional review period. The additional time for review shall not extend
A. The Planning Director may approve a request from a community group or
the time for action beyond that required under law. The failure to allow additional time for
review shall not invalidate any discretionary approval based upon the document for which the
additional review time was requested.
19.04.140 Hearinq,
A. A negative declaration, mitigated negative declaration or EIR shall be forwarded
to the Planning Director, who shall cause the matter to be set for hearing by the appropriate
decision-making body if .required. Notice of the hearing shall be given as provided in Section
21.54.060(1) of this code. At the hearing, the Planning Commission or City Council shall hear
staff comments on the environmental document and may refer it back to staff for further
decision-making body determines such to be necessary for a full and complete determination to
investigation, information and analysis, andlor for the inclusion of additional material if the
be made. The Planning Director shall supplement the environmental document if any significant
points are raised at the hearing which have not previously been addressed. Copies of all
environmental documents shall be made available for public review at the Planning Department.
19.04150 Consolidation.
A. The Plannina Commission or Citv Council may consolidate a public hearing On a
negative declaration, mitigGed negative declaration or an EIR with any other'public hearing held
by the Planning Commission or City Council in regard to the same project. In such case, the
notice required by this chapter may be given in the same manner and at the same time as
public notice otherwise required for the project. The Planning Commission or City Council shall
review and consider the information contained in the environmental document before taking
action on the other aspects of the project before them.
19.04.160 Time Limits for Preparation of Environmental Documents.
A. In accordance with CEQA, Section 21151.5, completion and adoption of a
negative declaration or mitigated negative declaration shall not exceed 180
calendar days from the date the application for proposed development is deemed
complete. Completion and certification of an EIR shall not exceed one year from
the date that the application is deemed complete.
1.
2.
3.
111
111
..
Unreasonable delays by the applicant shall suspend these time periods
for the period of the unreasonable delay.
The Permit Streamlining Act does not apply to legislative actions and
likewise does not require that permit applications be deemed approved ii
not acted on within the statutory period when such permit applications
would require legislative changes in applicable general plans, zoning
ordinances, or other controlling land use legislation.
The City shall approve or disapprove a project within 60 days if the
project is determined to be exempt.
-6-
1
11
1:
1:
lf
If
1t
1:
11
l!
2(
2'
2:
2:
2.
2:
26
27
28
19.04.170 Appeal of Environmental Impact Report.
A. Any challenge to the adequacy of an EIR certified by the Planning Commission
may be appealed to the City Council in accordance with the procedures set forth in Title 21,
Chapter 21:54, Section 21.54.140.
City Council shall be sent by first class mail to the applicant and to the appellant.
19.04.1 80 Mitiqation Monitorinq and Reoortinq Proqrams.
potentially significant effects are effectively implemented and monitored throughout the project
A. It is the intent of the City to ensure that all required mitigation measures to avoid
approval, permitting and construction process, as well as the lifespan of the project. In
conjunction with the approval of each project, an individual program shall be developed and
adopted to ensure that each feature related to the mitigation measures is specifically included
development review and permitting process, and monitored during construction and final
as a reference in the conditions of approval, incorporated into the subsequent stages of
compliance with the ongoing mitigation measures beyond final inspection.
inspection, as well as on an ongoing basis. The program may contain remedies to ensure
19.04.1 90 Mailinq of Notices on Reauest.
A. The Planning Department or the City Clerk shall mail copies of all notices of
appeal, notices of hearings, and other notices resulting from this chapter to any individual or
group who files a written request therefor. Such individual or group shall update their request
annually. A fee to cover the costs of printing and postage in an amount established by City
Council resolution shall accompany each such request.
6. Notice of the hearing on appeal before either the Planning Commission or the
19.04.200 Indemnification bv ADDhCant. A. The applicant shall be responsible and indemnify the City for any and all costs
the City incurs in defending any action alleging noncompliance with CEQA or this Chapter,
including all costs, expenses and attorneys' fees.
19.04.210 Enforcement.
A. ExceDt as otherwise provided bv law. it is unlawful and an offense punishable as
designated in Title i, Chapter 1.08'of this code for any project applicant or permittee to fail to
perform any required mitigation measure(s) specified in the mitigation monitoring and reporting
program for the project.
6. The City shall also have the right to revoke or modify all approvals granted in
relation to the environmental review of the project, deny or further condition issuance of any
future building permits, and deny, revoke or further condition all certificates of occupancy issued
under the authority of the related approval.
C. Violations may be enforced by criminal or civil judicial action, or both, or in
combination with any of the administrative remedies enumerated in this code to compel
compliance with said conditions or seek damages for their violation. The Planning Director may
record with the County Recorder's Office a notice against a property which is the subject of an
enforcement action pending with the City of Carlsbad.
19.04.220 Severabilitv.
A. If any provision of this title or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this chapter. Each and every provision of this title is severable
from remaining provisions.
111
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the Cify’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 26th day of June 2001, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 10th day of JULY 2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
A-I-TEST:
(SEW
-8-