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HomeMy WebLinkAbout2010-03-09; City Council; CS-079; Amend CMC Title 19 Ch 19.04 Ch 21.54...ORDINANCE NO. CS-079 AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA AMENDING CARLSBAD MUNICIPAL CODE TITLE 19, CHAPTER 19.04 AND CHAPTER 21.54, SECTION 21.54.050 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 19.04.030 of the Carlsbad Municipal Code shall be amended to read as follows: 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 perform an act, and the person or body to make the determination or perform 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 or unit, however titled, other governmental entities or the public as determined to be necessary to carry out these responsibilities. Such requests for assistance shall be responded to promptly. 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 or she 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 or she shall first determine which entity will be the lead agency. 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. SECTION II: That Section 19.04.060 of the Carlsbad Municipal Code shall be amended to read as follows: 19.04.060 - Determination of exemption and exception. 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 in conspicuous places accessible to the public as determined by the planning director. 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. SECTION Ill: That Section 19.04.090(B) of the Carlsbad Municipal Code shall be amended to read as follows: 19.04.090 - Initial Studv B.'The planning director, with assistance from city departments or unit, however titled, shall review each project for which an initial study form has been filed. Such requests for assistance shall be promptly responded to. If the project is not categorically exempt, the planning director shall conduct an initial study to determine if the project may have a significant effect on the environment and determine the appropriate level of environmental review necessary. SECTION IV: That Section 19.04.120 of the Carlsbad Municipal Code shall be amended to read as follows: 19.04.120 - Preparation of environmental impact report. A. If the planning director determines that an environmental impact report is required for a project, he or she shall immediately send notice of preparation (NOP) to all parties as provided in Public Resources Code section 21 080.4 (PRC) or any successor statute and sections 15082 and 15375 of the CEQA guidelines. The planning director shall cause the NOP to be sent to all property owners within six hundred feet of the perimeter of the subject site. Additionally, he or she may send the NOP to all persons or organizations that he or she 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 in conspicuous places assessable to the public as determined by the planning director, shall be sent to the city clerk and county clerk to be posted for a period of at least thirty days and shall be sent to the State Clearinghouse when appropriate. B. The planning director, with the approval of the city manager, may enter into a contract with a private consultant(s) for the preparation of a draft EIR. The cost for such consultant(s) shall be paid in advance of work performed, by the applicant. The applicant shall have no direct contact with the consultant unless approved by the planning director or designee upon advice from the city attorney. 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 persons that the planning director determines to be necessary. The draft report shall be mailed to the applicant and a copy shall be available to the public in the planning department. A copy shall also be furnished and made available to both public libraries until filing of the notice of determination by the city. D. At the same time, a notice of completion shall be posted in conspicuous places accessible to the public as determined by the planning director and city clerk. 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. SECTION V: That Section 19.04.1 60 of the Carlsbad Municipal Code shall be amended to read as follows: 19.04.1 60 - 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 one hundred eighty calendar days from the date the application for proposed development is determined or deemed complete. Completion and certification of an EIR shall not exceed one year from the date that the application is determined or deemed complete. 1. Unreasonable delays by the applicant as determined by the planning director, shall suspend these time periods for the period of such delay. 2. These time periods may be extended in the event that compelling circumstances justify the additional time and the project applicant consents thereto. 3. If any form of an EIR is prepared under contract with a private consultant, such contract shall be executed within 45 days from the date on which the NOP is sent, unless the planning director and applicant mutually agree to an extension of time. SECTION VI: That Section 21.54.050 of the Carlsbad Municipal Code shall be amended to read as follows: 21.54.050 - Settina of hearinq A. All proposals for amending zone or general plan boundaries reclassifications or for the granting of any development permit or approval requiring a hearing as provided in this title shall be set for hearing by the director when such hearings are to be held before the planning commission and by the city clerk for hearings to be held before the city council. Conditional uses in the coastal zone shall be subject to the requirements of this chapter and the additional requirements of Chapter 21.81 or 21.201 as applicable. B. The Permit Streamlining Act does not apply to legislative actions and likewise does not require that permit applications be deemed approved if 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. C. The city shall approve or disapprove a project within sixty days if the project is determined to be exempt. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption and the City Clerk shall certify the adoption of this Ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within ffieen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 2nd day of March, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of March, 2010 by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackbum. NOES: None. ABSENT: Mayor Pro Tern Kulchin. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY n --Q-R~S~ RONALD R. BALL, City Attomey ATTEST: 1.) CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-079 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: That the adoption of Ordinance Nos. CS-079 is to be considered at the City Council Meeting to be held on the 9th day of March, 2010. That a certified copy of the full text of Ordinance Nos. CS- 079 was posted in the City Clerk's Office on the 3rd day of March, 2010. That a summary of the Ordinance was published in the North County Times, on the 3rd day of March, 2010. Dated: March 3,2010 (Seal) Certification of Posting and Publication of Ordinance No. CS-079 Page 2 4.) That Ordinance Nos. CS-079 was adopted on the 9th day of March, 2010. 5.) That a certified copy of the full text of Ordinance Nos. CS-079, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 10th day of March, 2010. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News, on the le day of March, 2010. Dated: March 19, 2010 (Seal)