HomeMy WebLinkAbout1972-11-13; City Council; 935; Environmental Protection Ordinance of 1972- r.
V h E C I T Y O F C A R L S B A D, C A ,L r F• O R N I A
Agenda Bill No. 1:�iZ Date: 11-11-79
•Referred To:
Subject: City of Carlsbad Submitted By:
Environmental Protection Ordinance of 1972
City Attorney
Statement: of the Matter "
Section 19 of Ordinance 1150 in part'proyides that no permit shall
issue until 30 days after the project has completed its processing
under the Environmental Protection P.rocedures.
The proposed Amendment would eliminate the 30-day delay.
Exhibit i
Draft Ordinance is attached-.
Staff Recommendations
Amend Emergency Ordinance 1150 by adopting suggested Amendment.
AD No.
Date: Nov. 13, 1972
cif Manager's Recommendation
Concur
•
. r
_ Councll •Action ,
,11-21-72 Motion was made that Ordinance No. 1151 be adopted as an
Urgency Ordinance 'and Ordinance No. 1151 was read in full
amending Ordinance No. 1150.
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ORDINANCE NO. 1151
AN URGENCY ORDINANCE AS AN EMERGENCY MEASURE OF
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI-
FORNIA, AMENDING ORDINANCE NO. 1150, THE CITY
OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE OF
1972, BY DELETING THE 30-DAY DELAY FOR ISSUANCE
OF AN ENTITLEMENT FOR AN ACTIVITY AFTER THE
ACTIVITY HAS COMPLIED WITH SAID ORDINANCE.
WHEREAS, the City Council of the City of Carlsbad on
November 2, 1972,adopted as an Emergency Measure,Ordinance 1150
providing procedures implementing the Environmental Quality Con-
trol 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, Section 19 of Ordinance 1150 provides in part that
no entitlement for an activity shall issue until thirty (30) days
after the activity has completed the compliance process pursuant
to said Ordinance; and
WHEREAS, the California Supreme Court issued a modification
of opinion on November 6, 1972, Sac. 7924, which indicates that
such a delay is not a requirement of the law;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
Carlsbad as City offollows:
1. SECTION 19. Limi tati-on of Time for -BeTrfgi ng Legal
Action is amended to read as follows:
"Any action or proceeding to attack, review, set
aside, void or annul any decision of matters listed
in this ordinance or concerning any of the proceed-
ings, acts or determinations taken, done or made
prior to such decision, or to determine the reason-
ableness, legality or validity of any condition
attached hereto, shall not be maintained by any
person unless such action or proceedin9,is commenced,'-_
within thirty (30) days after the date of such
decision. Thereafter all persons are barred from"
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"any such action or proceeding or any defense of
invalidity or unreasonableness of such decision
or of such proceedings, acts or determinations."
PASSED, APPROVED, AND ADOPTED at an adjourned regular meet-
ing of the City Council of the City of Carlsbad, held on the
21st day of November 1972, by the following vote, to wit:
AYES: Cron. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None•.
ABSENT: None.
ATTEST:
I '
MARGARET TDAMS, City Clerk
(SEAL)
—2—
NE, Mayor