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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. { r` i" 2 3 4 5 6 7 8' 9 10 �1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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" -1- u 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 29 30 31 82 "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