HomeMy WebLinkAbout1972-10-26; City Council; 911-1; Environmental Quality Act of 1970TO F
Agenda Bill No.
Referred To:
C A R L S B A D,
C A L Z P"O %s
Date; October 26, 1972
subject: ENVIRONMENTAL QUALITY ACT OF 1970 Submitted By:
City Attorney
Statement of the !tatter
Draft ordinances presenting procedures for implementing the requirements
.of the Environmental Quality Act of 1970 as recently interpreted by the
California Supreme Court in the case of Friends of Mammoth vs,- Mono County
Board of Supervisors.
Mi
Exhibit
Draft Ordinance No. �150 (To be distributed at Oct. 30 meeting)
Resolution 3015 - AdL ting Enviromental Impact Assessment form.
Resolution 3016 - Ado: ing guidelines for Enviromental Protectirin Ordinance.
Resolution 3017 - Adopting a form for preparation, by applicant of a draft
E.I.-S. Report.
Staff Recommendations
City Attorney recommends adoption.
s /
AB No.
Date: October 26, 1972
City Manager's Recommendation
Ccncur with City Attorney's recommendation.
Council•Action
10-30-72 This matter was deferred for further study, to be presented at
the adjourned regular meeting of November 2, 1972.
11-2-72 - Ordinance No. 1150, an urgency measure to provide for procedures
to implement the Environmental Quality Control Act of 1970
was read in full and adopted.
Resolution #3015, adopting environmental impact assessment
form was adopted.
Resolution #3016 adopting guidelines for environmental protection
ordinance was adopted.
Resolution #3019 adopting a fee schedule for processing-
activitied under environmental protection ordinance was adopted.
Resolution #3017 adopting a form for preparation by applicant
of a draft EIR returned to staff for revision.
11-8-72 Resolution #3017 and attachments adopted.
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ORDINANCE NO. 1150
AN EMERGENCY ORDINANCE as an Urgency Measure of the City
Council of the City of Carlsbad, California to provide for proce-
dures to implement the Environmental Quality Control Act of 1970.
WHEREAS, this ordinance is adopted pursuant to the authority
vested in the City of Carlsbad by the terms of California Government
Code Sections 36934 and 36937; and
WHEREAS, the California Legislature has enacted the Environ-
mental Quality Control Act of 1970; and
WHEREAS, the California Supreme Court on September 21, 1972
in the case of Friends of Mammoth, et al, vs. Board of Supervisors
of Mono County et al, interpreted said Act as being applicable•to
private projects for which a City permit or other entitlement is
necessary; and
WHEREAS, the City of Carlsbad currently does not have any
procedures providing for the implementation of said Act to said proj-
ects; and
WHEREAS, the City Council of the City of Carlsbad has deter-
mined that the immediate preservation of the public peace, health,
!safety, and welfare urgently requires the adopt ion of an ordinance
to be effective immediately to provide procedures for complying with
the requirements of said Act;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Carlsbad, California, as follows:
SECTION 1. Applicant. This ordinance shall be known as the
"City of Carlsbad Environmental Protection Ordinance of 1972" and
shall apply to all permits, licenses, approvals, or other entitle-
ments for any of the following activities:
A. Zone Change
B. Variance
C. Special Use Permit
D. Grading, Excavation, Fill and Dredging Permits
l
I E. Street Improvement Permit
2 F. Building Permit
3 G. Approval of Specific Plans or Precise Piaiis
4 H. Approval of Planned Developments and Planned Unit
5 Developments.
g i. Tree Removal Permits (in the public. right-of-way)
7 J. Approval or Execution by the City of Carlsbad of any
8 Encroachment or License Permit
9 K. Conditional Use Permits
10 L. Community Redevelopment Projects
11 M. Parcel Maps
12 N. Supplemental Use Districts
13 0. Drill Sites Within Any Oil or Water Drilling District
14 P. Sewer and Water Connections.
15 Q. Advertising Signs & Structures
16 R. Tentative Subdivision Maps
17 S. Any other private activity which requires a City
t 18 entitlement which could have an effect on the environ-
19 ment
20 SECTION 2. Prohibition. No permit, license, approval or
23- other entitlement shall be given for any of the items listed in
,22 Section 1 until the requirements of this ordinance have been ful-•
23 filled.
24 SECTION 3. Referral of Application - Director"s_ Endorsement.
25 The City Planning Director is responsible for the enforcement of this
26 ordinance; No permit, license or other entitlement shall issue for
27 any of the activities listed in Section 1 until the activity receives
28 an endorsement from the Planning Director that the requirements of
29 this ordinance have been satisfied.
30 All City departments responsible for the issurance of a per -
31 mit, license, or other entitlement for any of the activities listed
32 in Section 1 shall refer any applications therefor,tq the;:Planning
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I Director for his' review and determination of whether.'or not the pro-
2 posed activity is subject to the previsions of this ordinance.
3 SECTION 4. Exceptions. The following activities are deter-
4 mined to be in most cases of trivial and insignificant effect on the
5lenvironment and are exempted from the provisions of this ordinance:
6 1. Accessory structure to any existing structure or mobile
7 home, such as residential swimming pools, fences, patios,
8 carports, etc.
9 2. Interior improvements or alterations within any existing
to structure.
11 3. Conventional single family dwellings in established,
12 developed areas on normal building sites.
13 4. Construction pursuant to a subsidiary permit (e.g. mechan-
14 ical, plumbing, electrical) where the principal permit has
15 heretofore been issued:
16 5. Building permits in a developed industrial or commercial
17 zone where the proposed use meets all of the environmental
18 standards established by code for such zone and no new
19 streets, utilities, or other improvements are required.
20, 6. Lot line adjustments.
22 7. Additions and alterations to existing residences.
22 8. Utility connections not involving extension of existing•
23 mains.
24 9. Parcel,Splitsin Rrl zones in developed areas.
25 (a) The Planning Director shall determine whether or not a parti-
26 cular activity is within one of the above exceptions. If he so
27 determines he shall execute a declaration of negative environ-
28 mental effect. Such declaration shall be posted for five (5)
29 business days on a bulletin board located in the public portion
30 of the Planning Department. Such declaration shall contain the
31 name of the applicant, the address or location of the proposed
32 activity and a brief description of the proposed activity.
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f (b) The Planning Director may determine that, notwithstanding the
f fact that the activity is within an exception, it may have a
significant effect on the environment for reasons such as:
scope or scale of the activity, proximity to the beach, prox-
imity to a lagoon, proximity to a flood plain or any other rea-
son which in the judgment of the Director may involve a matter
of environmental significance. If he so determines the nega-
tive declaration will not be executed and the activity will be
subject to the ordinance.
(c) The applicant will be notified by mail of the Planning Director'
determination. The decisions of the Planning Director are final
unless appealed.
(d) The City Council may by resolution exempt other classes or cate-
gories of construction from the provisions of this Article if
,the Council determines that said classes or categories of con-
struction have a trivial or lesser effect upon the environment.
The Planning Director may from time to time recommend such ac-
tion to the City Council. Adoption of any such resolution shall'
be done at a public hearing before the Council, notice of which
shall have been published once in the official newspaper of the
City at least ten (10) days prior to the date of hearing.
SECTION 5. Appeal. The determinations made by the Planning Director
pursuant to Section 4 and the correctness of the negative declara-
tion itself may be appealed by any interested party to the City Coun-
cil. The appeal shall be made in writing to the City Clerk within
ten (10) days of the mailing of the decision of the Planning Director
or the expiration of the period for the posting of the negative dec-
laration whichever is later. A fee of $50.00 shall be paid to the
City Clerk at the time the appeal is filed. The Clerk shall mail a
notice of hearing upon the appeal to the applicant, post one on the
Council Chamber door and publish it once in a newspaper of general
circulation in Carlsbad at least ten (10) days before the hearing
date.
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1 I The City Council shall hear the appeal and aiay appizove,
2 conditionally approve, modify, or disapprove the negative declara-
3 tion or the decision of the Planning Director. A determination of
4 exception will constitute an endorsement of compliance and will
5 allow the activity to be processed in accord with other applicable
6 provisions of the Carlsbad Municipal Code. A determination of in-
7 elusion will require the activity to comply with the Environmental
.8 Protection Ordinance.
9 SECTION 6. Exemptions.
10 (a) Prior Compliance. The Planning Director may exempt
11 an activity from the requirements of this ordinance in those
12 cases where the activity has already been processed in accord
13, therewith in connection with some other permit, license, or en-
14 titlement for the same activity and if he determines, that no ad-
15 ditional environmental effects are involved.or could result from
16 that activity. If he so determines, the activity shall be proces-
17 sed with a negative declaration as provided in Section 4. This
18 determination by the Planning Director may be appealed to the City
19 Council as provided in Section 5.
20 (b) Emeroencies. The Planning Director steal-1 exempt
21 -projects undertaken in conjunction with emergency relief measures
22 and other activities necessary to protect life and property dur-
23 ing time of flood, fire, earthquake, windstorms, and other.dis-
24 asters. He may also exempt activities involving replacement
25 or rehabilitation of structures and facilities destroyed as a
26 result of such disasters provided no major structural changes are
27 involved and the replacement is initiated within 12 months.
28 SECTION 7. Environmental Impact'Assess'ment. The applicant
29 for any of the entitlements described in Section 1, not otherwise
30 exempted by Sections 5 or 6, shall submit to the.Planning Director
31 a completed Environmental Impact Assessment form. The Council
32 shall by resolution adopt such a form which will solicit suffi-
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cient information regarding the activity to allow the Planning
Director to determine whether or not the activity proposed by
the applicant may have a significant effect on the environment.
The Planning Director may require the applicant to furnish to a
reasonable extent any other information he determines to be neces-
sary to said determination.
SECTION 8. Evaluation of Environmental'"Impact'Assdssment.
The Planning Director with assistance from other departments or
officers as appropriate shall review each activity for which an
Environmental Impact Assessment form has been filed. He shall
evaluate all information regarding the activity and shall deter-
mine whether or not the activity as proposed may involve a signif-
icant effect on the environment. The City Council shall by reso-
lution adopt guidelines which shall be followed by the Director
in making said determination, If it is determined that the activ-
ity may have a significant impact on the environment, an Environ-
mental Impact Report will beprepared and processed as provided in
this ordinance. If it is determined that the project will have
only a trivial or insignificant impact on the environment, the
Director shall execute and post a declaration of Negative Environ-
mental Effect as provided in Section 4.
In addition, public notice of said determination shall be
published in a newspaper of general circulation in the City of
Carlsbad at least once during the posting period. The applicant
shall be notified in writing by mail of the Director's decision.
The decision is final unless appealed within the prescribed period
A negative impact determination will result, in the absence of an
appeal, in the execution by the Director of the Endorsement of
Compliance. The activity will then be processed in accord with
the other applicable or dinances of the City of Carlsbad.
SECTION 9. Appeal. The determination of the Director may
be appealed by any interested party to the City Planning Commis-
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sion. Appeals' shall be i i led with VIE Director accompanied by a
fee of $50.00 within ten (10) days of the mailing of the Direc-
tor's decision or expiration of the period for posting of the
negative declaration whichever is later. The Director shall mail
a notice of hearing to the applicant, post a notice on the Council
Chamber door, and publish it in a paper of general circulation in
the City at least ten (10) days prior to the date of the hearing.
The Planning Commission may approve, conditionally approve, modi-
fy, or disapprove the negative declaration or the Director's de-
cision.
The decision of the Commission shall be mailed to the
applicant within ten (10) days of the hearing. The decision may
be appealed to the City Council within ten (10) days thereafter
and is final unless so appealed. Appeal to the City Council shall
be processed in accord with Section 5 of this ordinance.
A final decision for the negative declaration will consti-
tute an Endorsement of Compliance. A final decision finding a
potential significant environmental effect will require prepara-
tion of an Environmental Impact Report.
SECTION 10. Preparation of Environmental Impact Report
Environmental Impact Reports shall be prepared by the Planning
Director. The applicant shall prepare and submit a draft Environ-
mental Impact Report to the Director which shall be used, together
with the Environmental Impact Assessment form and other relevant
information in the preparation of a preliminary report. The City
Council shall by resolution adopt policies, guidelines and regula;�
tions relating to the preparation of draft Environmental Impact
Reports. Applicants shall comply with said resolution. The Plann-
ing Director may require the applicant to submit to a reasonable
extent additional information necessary to the completion of the,
report. He may call for assistance from other departments, other
governmental entities and the public as he determines necessary
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Ito a full and complete report. The Planning Director, when all
information is on file, shall prepare a preliminary Environmental
Impact Report.
SECTION 11. Preliminary Report. The preliminary report
shall be mailed to the applicant and a copy shall be available to
the public. Notice of completion of the report shall be posted on
the Council Chamber door and notice thereof shall be published at
least once in a newspaper of general circulation in the City of
Carlsbad. The public copy of the report shall be available for
ten (10) days after the giving of said notice.
The Director will accept written comments on or objections
to the report during the period of public availability. After the,
expiration of the ten (10) day period, the Director shall prepare
the Environmental Impact Report. The Council may by resolution
prescribe guidelines for such report. The report will include and
take into consideration all the facts submitted and any public in.;.
put received.
SECTION 12. Planning Commission Hearing. The final En-
vironmental Impact Report shall be forwarded to the Secretary of
the Planning Commission. The Secretary shall set the matter for
hearing on the Commission agenda. Notice of the date of the hear-
ing shall be mailed to the applicant, posted on the Council Cham-
ber door and published once in a newspaper of general circulation
ten (10) days prior to the date of the hearing.
The Commission shall make a report and recommendation on
the activity to the City Council.
SECTION 13. Consolidation. The.'Planning Commission may
consolidate a hearing on an Environmental Impact Report with any
other hearing held by the Commission on the same activity. In
such case the Commission shall fully consider the report before
taking action on the other aspects of the activity before them.
SECTION 14. Notice of Council Nearing. The City Clerk
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Ighwll set the ;enort for public hearing before the City Council.
Notice, at least ten (10) days prior to the hearing date, shall be
published once in a newspaper of general circulation, posted on
the Council Chamber door, and mailed to the applicant.
SECTION 15. Council Hearing. The Council shall hold a
public hearing on the Environmental Impact Report. The hearing
may be consolidated with any other Council hearing regarding the
same activity. The Council shall first evaluate the report before
otherwise acting regarding the activity. In evaluating whether or
not to grant the permit, license or other entitlement applied for
in connection with the report, the Council shall weigh an, adverse
environmental effects against any positive effects and any benefit
to the City and the public which could result from the proposed
activity. The Council may disapprove an activity if they find
that the adverse consequences outweigh the positive aspects of
the activity. The Council also may approve, conditionally ap-
prove or modify the activity, and also may refer it back to the
'Planning Commission for further study.
SECTION 16. Fee Schedule. The Council may,by resolution
adopt a fee schedule for the processing of the activities subject
to the ordinance, and for the processing of any report or appeal
thereunder.
SECTION 17. Mailing of Notice on Request - Clerk_. The
City Clerk shall mail, on a continuing basis, copies of all no-
tices of appeal, notices of hearings, and other notices resulting
from this ordinance to any individual or group who files a writtRn
1
request therefor. Such requests shall be made annually. A fee
of $60.00 shall accompany each such request.
SECTION 18. Mailing of Notice on Request=Planning Director
The Planning Director shall mail a copy of any negative declara-
tions on a continuing basis to any individual or group so request-
ing in writing. Such requests shall be made annually and shall
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be accompanied, by a fee of $60.00,
SECTION 19. Limitation of Time for Bringing Legal' Action.
Any action or proceeding to attack, review, set aside, void.or
annul any decision of matters listed in this ordinance or concern-
ing any of the proceedings, acts or determinations taken, done or
made prior to such decision, or to determine the reasonableness,
legality or validity of any condition attached thereto, shall not
be maintained by any person unless such action or proceeding is
commenced within thirty (30) days alter the date of such decision.
Thereafter all persons are barred from any such action or proceed-
ing or any defense of invalidity or unreasonableness of such de-
cision or of such proceedings, acts or determinations.
No permit, license, or other entitlement shall be issued
for any activity requiring an environmental impact analysis or an
environmental impact report until the expiration of a thirty (30)
day period following the date of completion of the final action re•
quired for compliance with the terms of this ordinance.
SECTION 20. Planning Director - Representative. The term
"Planning Director" as used herein shall mean the Planning Direc-
tor of the City or his designated representative.
SECTION 21. Nothing in this ordinance shall preclude the
City of Carlsbad from taking such other action in respect to the
approval, conditional approval, denial of revocation of building
permits as is deemed necessary by the City Council to obtain full
compliance by the City with the requirements of the Environmental
Quality Act of 1970.
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EFFECTIVE DATE: This Ordinance shall be effective
immediately upon passage. The City Clerk of the City of Carlsbad
shall certify to the adoption of this Ordinance and cause it to
be published -once in the Carlsbad Journal within fifteen (15)
days after its adoption.
INTRODUCED, PASSED AND ADOPTED at a regular adjourned
meeting of the City Council of the City of Carlsbad, California,
held on the 2nd day of November, 1972, by the following vote,
to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
EST:
GAR, T E.-ADAMS;(City Clerk
-Alr)
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DAVID M. DUNNE,
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RESOLUTION NO. 3015
A n .OLUTION OF THE CITY COUNC . OF THE CITY OF
CARLSBAD ADOPTING AN ENVIRONMENTAL IMPACT ASSESS-
MENT FORM, PURSUANT TO THE CITY OF CARLSBAD EN-
VIRONMENTAL PROTECTION ORDINANCE.
WHEREAS, Ordinance 1150 provides that the City Council shall',
by Resolution, adopt a form for an environmental impact assessment
which will solicit sufficient information to allow the Planning Direc-
tor to evaluate the.environmental effects of a proposed activity, and
WHEREAS, said form has been prepared.
NOW,. THEREFORE, BE IT RESOLVED that. Resolution No. 3015 adopt
king an Environmental Impact Assessment Form attached hereto, and in-
corporated by,reference herein, was PASSED, APPROVED, AND ADOPTED
at an adjourned, regular meeting of the Carlsbad City Council held
ion the Znd day of November, 1972, by the following vote, to wit:
ATTEST:
7t If
i AR
AV
(SEAL)
(SEAL)
AYES: Cmn. Dunne, McComas, Lewis, Chase and -Frazee.
NOES: None.
ABSENT: None.
ADAMS,(Gity clerk
AVIVM�FIE Ma
—ENVIRONMENTAL IMPACT ASSESSMr,ENT
Date:
Name of Applicant:
Permit Applied For:
Location of Proposed Activity:
I. Background Informa`iion.
1. Givp a brief description of the proposed•activity.
2. Describe the activity area, including distinguishing
natural and manmade characteristics.
.1-. APPENDIX B. ,—
I1. Environmental Impact Analysis.
Answer the following questions by placing a check in the
appropriate space.
Yes
1. Could the project significantly change present
land uses in the vicinity of the activity?
2. Could the activity affect the use of a re-
creational area, or area of important
aesthetic value?
3. Could the activity affect the functioning
of an established community or neighbor; -
hood?
4. Could the activity result in the displace-
ment of community residents?
5. Are any of the natural or man-made features
in the activity area unique, that is, not
found in other parts of the County, State,
or nation?
6. 'Could the activity significantly affect a
historical or archaelogical site or its
setting?
7. Could the activity significantly affect
-the potential use,. extraction, or pon-.
nervation of a scarce natural resource?
8. Does the activity area serve as a habitat,
food source, nesting place, source of water,
etc. for rare or endangered wildlife or
fish species?
9. Could the activity significantly affect
fish, wildlife or plant life?
10. Are there any rare or -endangered plant
species in the activity area'?
11. Could the activity change existing features
of any of the city's lagoons, bays, or
tidelands? .
No
Yes No
12. Could the activity change exi.sting features
of any of the City's beaches?
13. Could the activity result in the erosion
or elimination of agricultural lands?
14. Could the activity serve to encourage
development of presently undeveloped
areas or intensify development of already
developed areas?
15. Will the activity require a variance from
established envi'ronmeritalstandards (air,
water, noise, etc)?
16. Will the activity require certification,
authorization or issuance of a permit
by any local, State or Federal en-
vironmental control agency?
17. Will the activity require issuance of
a variance or conditional use permit
by the City?
18.Will the activity• involve the application,
use, or disposal of potentially hazardous
materials?
19. Will the activity involve construction
of facilities in a flood plain?
20. Will the activity involve construction
of facilities on a slope of 25 per cent
or greater?
21. Will the activity involve construction
of facilities in the area of an active
fault?
22. Could the activity result in the
generation of significant amounts
of noise?
23. Could the activity result in the•gen-
eration of significant amounts of dust?
24. Will the activity involve the burning
of brush, trees, or other materials?
25. Could the activity result in a significant
change in the quality of any portion of the
region's air or water resources? (Should
note surface, ground water, off -shore)
Yes No
26. Will .here be a significant cha,.,e to
existing land form?
(a) indicate estimated grading to be
done in cubic yards._.
(b) percentage of alteration to the
present land form.
(c) maximum height of cut or fill
slopes.
27. Will the activity result in substantial
increases in the use of utilities,
sewers, drains or streets? ,
III. State of No Significant Environmental Effects
If you have answered yes to one or more of the questions -in
•Section II, but youthink the activity will have no significant enviro-
mental effects, indicate your reasons below:
IV. Comments or Elaborations to Any of the Questions in Section II.
If ad itional space is needed -for ans— ver any questions,
attach additional sheets as may be needed.
signature: "
Person completing report
Date signed:
V. Conclusions (To be completed by the Planning Director)
Place a check in the appropriate box.
[] Further information is required.
[] It has been determined that the project will not have
significant environmental effects.
[) It has been determined that the project could have
significant environmental effects. An environmental
impact statement must be submitted by the following
date,
BY:
CANNING DIRECTOR
(Or Representative)
Date Received:
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RESOLUTION NO. 3016
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSDAD ADOPTING GUIDELINES FOR
DETERPiI:Ii;6, pURSU.",ttT TO THE ENVIRONMENTAL
PROTECTION ORDINANCE, WHETHER OR NOT A
PROPOSED ACTIVITY INVOLVES A SIGNIFICANT
ENVIRONMENTAL EFFECT.
WHEREAS, Ordinance No. 1150 provides that the City Council
shall adopt guidelines to be utilized by the Planning Director in
determining whether or not'a proposed activity may have a significant
impact on the environment;. and
WHEREAS, said guidelines have been prepared, NOW, THEREFORE,
BE IT RESOLVED, that
The following shall constitute the City of Carlsbad guidelines,
for determining whether or not a•proposed activity will.have a sig-
nificant impact:
1. The determination of what is significant and what consti-
tutes the environment is to a degree subjective. However,
the following factors taken together will provide a frame-
work for making such judgements:
a. Does the project significantly change present uses of
the project area?
The project area includes the immediate location of th
project as well as more remote areas that may be directly
or indirectly affected by construction and/or operation
of the project.
b. Will the project affect areas of historical, archaeo-
logical or aesthetic value?
The setting of such sites includes surrounding areas,
the nature of which are important to the understanding and
enjoyment of the site itself.
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c. Will the project accelerate the development of ad-
joining non -urban_ areas?
Examples include the introduction of facilities such
as streets, roads, water mains or sewerage lilies in such
a manner as to facilitate development or intensification
of the use of an area.
d. Will the project alter the character of existing
communities?
Exampies include but are not limited to:
- Changes in traffic patterns
- Effects on access within the community to commercia
establishments, schools, parks, etc.
- Introduction to activities not presently found
within the community
e. Could the project significantly affect the potential
use extraction or conservation of a scarce natural
resource?
Examples include but are not limited to:
Developments which effectively preclude the extrac-
tion of the region's rock, sand, gravel, or other
mineral resources
Uses which effectively preclude the multiple use
of regional natural resources in scarce supply
Activities which tend to diminish the supply or
availability of regional natural resources that
are in scarce supply
f. Are any of the natural or man-made features in the
project area unique, that is, not found in other part
of the City, County, State, or Nation?
- Unique features include those areas, structures,
biological phenomena, etc., that exhibit distin-
guishing characteristics not found in other areas,
or only in a small number of other areas. Such
features can be either good or bad for human healt
safety, comfort, or convenience.
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2. Significant environmental effects can be either positive
or negative. Significant affects also include environ-
mental consequences of both a short range and long range
nature. Short range effects (e.g. siltation during con-
struction of waste water treatment facilities) should not
be given greater consideration than long range effects,
(e.g, changes in land -use which may occur as a result of
the project). '
3. Significant environmental effects can also result from
the cumulative effect resulting from a number of similar
small activities in one area and such projects should be
evaluated in the context of the entire City-..
PASSED-, APPROVED, AND ADOPTED at an adjourned regular meeting
of the City Council of the City of Carlsbad, held on the 2nd day of
November, 1972, by the following vote, to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES' None.
ABSENT: None.
ATTEST:
MAReARPr E. ADAMS, ity Clerk
(SEAL)
4YAVID M. DUNNE, a
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RESOLUTION NO. 3017
n nESO UT-T" OF THE PTTV rAIINrTI AF TUr
n n6ov�.v� Avn vi i... vt . vv.........
CITY OF CARLSBAD ADOPTING A FORM FOR THE
PREPARATION, BY APPLICANT, OF A DRAFT
ENVIRONMENTAL IMPACT REPORT.
WHEREAS, Ordinance No. 1150 requires that the City Council.
adopt guidelines, policies and regulations for the preparation of
a draft Environmental Impact Report, and
WHEREAS, such a form for such a draft report has been
prepared and is ready for adopting,
NOW THEREFORE, BE IT RESOLVED that the Draft Environmental
Impact Report Form attached hereto and incorporated herein by
reference is hereby adopted.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at an adjourned meeting of the City Council held
November 8, 1972, by the following vote, to wit:
AYES: Cmn. Dunne, McComas, Lewis and Frazee.
NOES: Cmn. Chase.
ABSENT: None.
ATTEST:
AR R r E. ADAMS; Oity Clerk
(SEAL)
DAVID M.�`DUNNE, Mayor -----
,
F
DRAFT ENVIRONMENTAL IMPACT REPORT FORM
A. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION:
The primary, secondary and other effects must be considered
in this section. The list included in Appendix "A" should serve
as a beginning guideline for the many environmental factors that
must be considered. The effects should be considered for the
project and areas of local, regional and state concern.
(1) Project Description.
Describe the proposal by name, specific location,
(including location on a USGS 1:24,000 topographic map, and-
1,2400 site map where applicable.), purposes, authorizing ducu-
ment (if applicable), current status (to include: existing,
proposed, adjacent zoning, existing and proposed land use,
densities, number of bedrooms), cost, construction methods,
relation to the overall project, previous or projected phases,
and appearance (include elevations, perspectives, where necessary
to insure clarity.)
(2) Environmental Setting- Without the Project.
Describe the area and general environment of the project
---ecology, geology, economy, aesthetics, land use and other
relevant information. Discuss the environmental setting without
focusing only on the immediate area at the risk of ignoring
important community and regional aspects critical to the assess-
ment of environmental impacts. The applicant should consider
the relationship of the project to drainage systems, lagoons,,
and the coastline_ Discuss the interrelations of related types
of projects and any alternatives that are under construction or
in operation by another agency or organization.
(3) Identify Environmental Impacts.
Discuss environmental elements which result from actions of
the proposed project. A thoughtful assessment of the environmental
elements under both a "with" and"without the project" conditior
could aid in the determination of the environmental impact. For
example, the filling of a marsh or wetland would involve the
obvious conversion of aquatic/marsh areas by altering water flow.
The introduction of roads or buildings and addition of impenetrable
surfaces and resultant change in ground water characteristics,
curtailment of certain commercial uses, disruption of water based
recreational pursuits, conversion of wildland aesthetics to less
desirable aesthetics, possible loss of migratory fly -way resting
area, possible loss of duck hunting grounds, possible loss of a
unique species habitat, etc. Such impacts shall be detailed in
an objective manner to provide a basis for a meaningful comparison
of the cost and benefits involved. Both quantitative and
qualitative information should be included (e.g., acres of habitat
lost, number of ducks nesting, value of wild area vs developed area.)
Care must be taken not to rely too heavily on the use of quanti-
tative information,_ and ignore the more difficult questions involving
more qualitative and subjective judgements, which may turn out to
be more important.
B. ANY ADVERSE ENVIRON14ENTAL EFFECTS WHICH CANNOT BE AVOIDED
SH ULD THE PROPOSAL BE IMPLEMENTED.
Discuss the unavoidable adverse effects and the implications
thereof. This should include not only the pollution of land, water
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and air, but also the adverse effects on species, communities and
ecosystems. In addition, the possible adverse effects on man
should be considered, resulting from urban congestion, noise,
threats to health - emotional, physical and mental, and the more
intangible effects of loss of diversity and variety on the environ-
ment, loss of aesthetic qualities and the general loss of "quality"
in our environment.
C. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT.
Discuss the alternative measures to mitigate or eliminate the
pptal impact. This would include discussion of
DOS IV's
alternative strategies, features, or design that could minimize
the adverse environmental impact. For example, erosion problems
might be ell minated or reduced by doing grading only during the
drier months. Or alternatively, plans could be made to plant and
establish solid growths of the proper vegetation to retard erosion. }
Environmental degradation should always be balanced against bene-
ficial factors of the project.
D. ALTERNATIVES TO THE PROPOSED ACTION.
Discuss the alternatives to the proposed action, Include the
local and regional alternatives and the various benefits/costs
according to them, whether they be social, economic or environmental.
Provide the information needed by the reviewers to establish the
merit of said project. In addition to different alternatives, it
should include a complete discussion of the various alternatives
for conducting the proposed project while still meeting a majority
of the projected needs. The discussion of alternatives should be
as complete as possible in listing and evaluating the various impacts,
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beneficial and/or detrimental. If for any reason a road is
being resurfaced, can utilities be undergrounded? Sewers redone?
Bike paths added? etc. The alternatives should also examine the
priority for various projects, and include the priority status of
the proposed project.
E. THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S
ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF
LONG-TERM ENVIRONMENTAL PRODUCTIVITY.
Discuss the use and abuse of renewable and non-renewable
resources. The applicant must show who is paying the'"environ-
mental cost," the people who presently gain the benefits or
future generations who may only be left with the cost. Most
significant resources have a long-term effect since there may
be a limitation on choices for future generations. For example,
filling estuaries may provide additional land space for development
but prohibit the future choices of alternative uses, eliminate a
rare species habitat, unbalance erosion and significantly increase
the rate of siltation in a lagoon, and perhaps most important of
all, may establish a precedent that will assure the eventual
destruction of the entire estuary.
F. ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED
N THE PROPOSED ACTION SHOULD BE 1MPLPT4EVTYD.
Discuss any irreversible or irretrievable effects on the
environment. This would include land use; a subdivision
precludes the continued use of agricultural lands. Removal of
a tree, where it can eventually be replaced would not be con-
sidered an irreversible change; however, the destruction of an
archeological site or a rare species would be. The change of
use that the project may encourage must also be carefully con-
sidered. For example; a highway may have little environmental
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impact directly, but may by improving access and transportation,
generate major impact that is irreversible.
G. THE GRO14TH ?NDUCINNGG IMPACTSt
OF THE PROPOSED ACTIVITY UPON
H. THE BOUNDARIES OF THE AREA I4HICH MAY BE SIGNIFICANTLY
r.. ruc oononcFn ACTIVITY.
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APPENDIX A
The following formsshall'be completed by the applicant for
any project which is deemed to have a significant impact
upon the environment and which by the foregoing sections of
this ordinance requires preparation and submittal of a full
EnvironmentalImpactStatement.
ENVIRONMENTAL IMPACT ASSESSMENT CHECKLIST
PHYSICAL SYSTEMS:
Definition: Systems pertaining to geologic,
hydrologic and atmospheric processes
and the probable effects of each.
How to assess impact of physical Systems:
Each category should be evaluated as in
it's existing state, and the changes
that may occur in each respective phase
of development. The responses should
be a one or two word statement.
-, e.g.:
Land form
Soil stability
1. GEOLOGY:
A. Land Form (Unique physical. features
i.e. Mountains, bays, lagoons, etc)
B. Soil Type/Soil Stability
C. Soil Expansive
D. Bedrock Stability (dip/slope)
E. Hazards:
1. Seismic susceptibility
2. Subsidence
3. Mudflow
^, 2. HYDROLOGY:
A. Flood P1ain10-50-100 yr.
(Indicate on a Map)
B. Aquifer, Aquifer recharge, percolati
Imprmeable surface?
C. Drainage and runoff, increase from
impermeable surface?
D. Channel stability
E. Water resources - fresh
F. 1' " --salt
G. �� '' - brackish
H. " - irrigation
I'� " - industrial
J. "at- domestic
(APPENDIX A)
PHASE
Existing Developmental
Knol7s—,-valleys Graded terraces
Expansive soil Compacted soils
O erational
Grade terraces
Compacted soils
on,
BIOTIC SYSTEMS: (continued)
1. FLORA PLANT
A—Phytop ankton -- Redwood
B. Corridor
C. Barrier
D. Vegetative Cover
1. Economic
2. Non -Economic
E. Endemic (Native)
1. Economic
2. Non -Economic
F. Scientifically valuable
(Rare and/or endangered)
G. Pest species
H. Successional change
I. Man induced
1. Economic (Flowers, Ag
2. Non -Economic
2. FAUNA ANIMAL
ooplankton -- Elk
B. Habitat and Migration are
C. Economic species
D. Endemic (Native) species
1. Economic
2. Non -Economic
E. Scientifically Valuable
(Rare and/or endangered)
F. Pest species, vectors
G. Domestic
1. Ecnomic
2. Non -Economic
H. Non -Domestic
3. Ecosystem Stabilit Plant An'
1. Site
2. Localized area
3. Community
4. Region
5. State
6. Nation
4. Other
PHYSICAL SYSTEMS: (continued)
K. Water quality: Physical characteristics
" " Chemical characteristics
it Biologic characteristics
L. Pollution existing
M. Pollution expected
N. Ocean characteristics:
1. Waves (wind, tsunami)
2. Tidal action
0. Other effects
3. ATMOSPHERIC:
A. Air resources
B. Inversion
C. Air quality: CO , CO, NO SO
Hydrocarbon, orianic, pa�ticulates,etc.
D. Photochemical smog
E. Smog
F. Clarity
G. Weather modification: Temperature
H. " •" Precipitation
I " It
Humidity
J. 1190 Wind
K. " It
Odor
L. Other
BIOTIC SYSTEMS:
D,efinition:'Pertaining to flora (flowers) and
fauna (animals) and the probable effects on each.
How to assess impacts of development:
Each category should be ,valuated as
to the existing state and the changes
that may occur daring , or as a result of
the developmental phase or operation phase.
The responses should identify the appropri-
ate plant or animal species and the potential
impact on them.
APPENDIX B
HUMAN/GOVERNMENTAL SYSTEMS
IS THE PROPOSED PROJECT IN CONFORMANCE WITH: (yes -no)
City
Rpaional
County
State
Federal
a. Goals
b Policies
c. Precedents
d Plans
1) General Plan
a Housin Element
_
b Conservation
c Open Space
d Land Use. AB 1 O1
e Circulation
f Noise
Seismic Safety
h Safety
i Historic Corridor/'
Scenic Hwy
�) B i0c•lre .P,a.ths
2) S e ific Plan
a Garfield Specific
Plan
b Brady Specific
Plan
c Other
p. Zoning
f. Subdivision Map Act
Capital Improvements
h Land Use Controls
i.e. flood plain control ord.
hillside ord.
grading ord.
parks in lieu fees
i. School District
1. Special Districts
II APPENDIX 6
The following topic areas exemplity the kind of concerns to be
considered in the general plan and its eleme,rts.
a) Protection, rehabilitation, and enhancement of the environment,
both short and long term?
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b) Clean air, clean water, and the enjoyment of aesthetic, natural,
scenic, and historical environmental qualities?
c) Noise and smell in the project area and surrounds?
d) Ecological stability and the preservation, at self-
perpetuat-ing levels, of representative samples of all plant and animal
I
communities and examples of the major periods of California
history?
e) Man and Nature and their productive and harmonious relationships
ecological and social diversity, balance, and mutual benefit.
f) •Quad-itat+ve -factors-scenic beauty, value of wildness, and other
Intangible values despite the real difficulty of including them i
in cost/benefit analysis?
a
g) Economic efficiency, local, state, and national?
h) Jurisdictional, administrative, and management conflicts?
i
i) Public opportunity, freedom of choice, general welfare, recreation,
education, etc.? 1
j) Demand, does it fulfill it, exceed it, or is it a self-ful-
filling demand?
k) Future options?
1) Unique and irreplacable scientific, educational, and cultural
items.
III APPENDIX B
In addition, the factors listed below will be evaluated:
a) accuracy of the material in the EIS.
b) completeness: materials, alternatives, bibliography.
c) public involvement in development, decision -making and
review. `
d) reasonableness: project, EIS, alternatives.
e) agency involvement in development, decision -making and
review.
f) innovation and the use of imaginative solutions to old
problems.
g) evaluation of the avowed priority of the project versus
other projects, programs, or expenditures.
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ORDINANCE NO. 1154
AN URGENCY ORDINANCE AC All ClA nilestp.i ijPAr.-
icnaVnr,
OF THE CITY COUNCIL OF THE. CITY Or CARLSBAD,
CALIFORNIA, AMENDING ORDINANCE NO, 115D, THE
CITY OF CARLSBAD ENVIRONMENTAL PROTECTION
ORDINANCE OF 1972 IN ACCORD WITH THE. AMEND-
MENTS TO THE ENVIRONMENTAL QUALITY CONTROL
ACT OF 1970 CONTAINED IN ASSEMBLY BILL NO.
889 ENACTED BY THE CALIFORNIA LEGISLATURE AT
THE 1972 REGULAR SESSION.
WHEREAS, the City Council of the City of Carlsbad, on
November 2, 1972, adopted as an Emergency Measure Ordinance
No. 1150 providing procedures implementinq the Environmental
Quality Control Act of 1970 as required by the Supreme Court of
California in the case of Friends of Mammoth, et al, vs. Board of
Supervisors of Mono County, et al; and
WHEREAS, the Legislature of the State of California has at
its 1972 regular session enacted a number of amendments to said
Act; and
WHEREAS, said amendments, contained in Assembly Bill No. 889
were passed by both houses as an urgency measure, signed by
Lieutenant Governor Reinecke, and became effective on December 5,
1972; and
WHEREAS, said amendments necessitate some immediate changes
in the City of Carlsbad's Ordinance No. 1150 in order that it may
be brought into compliance with the State law.
NOW, THEREFORE., BE IT ORDAINED by the City Council of the
City of Carlsbad as follows:
1. Section 1 of Ordinance No. 1150 is amended to read
as follrvols:
"SECTION 1. Applicant. This ordinance shall be
known as the 'City of Carlsbad Environmental Protection
Ordinance of 1972' and shall apply to all permits,
licenses, approvals, or other entitlements for any of
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the following activities:
A. Zone Change
B. Variance
C.
Special Use Permit
D.
Approval of Specific Plans or Precise Plans
E.
Approval of Planned Developments and Planned
Unit Developments
F.
Conditional Use Permits
G.
Community Redevelopment Projects
H.
Parcel Maps
I.
Supolemental Use Districts
J.
Drill Sites Within Any Oil or Water Drilling
District
K.
Tentative Subdivision Maps
L.
Any other private activity which requires a
discretionary City entitlementwhich could
have a significant effect on the environment"
2. Section
4 of Ordinance No. 1150 is amended by deleting
Items 1, 2, 3,
4, 5, 7 and 8 and by renumbering Items 6 and 9 to
Numbers 1 and
2, respectively.
3. Section
6 of Ordinance No. 1150 is amended by adding
Subsection (c)
to read as follows:
"(c)
Lead Agency. The Planning Director shall
exempt any activity which has been processed by
another public agency acting as a lead agency under
the provisions of the Public Resources Code."
4. Section 14 of Ordinance No. 1150 is amended by deleting
the words "ten
(10)" and replacing them with the words "five (5)"
EFFECTIVE_
DATE: This Ordinance shall be effective immedi-
ately upon passaqe.
The City Clerk of the City of Carlsbad shall
certify to the
adoption of this Ordinance and cause it to be
published once
in the Carlsbad Journal within fifteen (15) days
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FF
1 of c. r its adoption.
2 INTRODUCED,, PASSED AND ADOPTED at a regular adjourned meet-
3 ing of the City Council of the City of Carlsbad, California, held
4 on the 12th day of December, 1972, by the following vote, to -wit:
5
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7 AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
8 NOES: None.
9 ABSENT: None.
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.12 DTVID M. DUNNE, Mayor
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ATTEST:
14
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16 14ARMET E. ADAMS,City Clerk
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(SEAL)
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