HomeMy WebLinkAbout1979-09-04; City Council; 5979; Notice and Hearing RequirementsC
CITY OF CARLSBAD
AGENDA BILL MO. >5" 9 7 9 Initial:
Dept.Hd.
DATE: September 4, 1979 ' _j c
DEPARTMENT:^ City Attorney ' C. Mgr.
Subject: NOTICE AND HEARING REQUIREMENTS FOR SUBDIVISION AND
ENVIRONMENTAL REVIEW . . .
Statement of the Matter ... -
The California Supreme Court, in the case of Horn v. County
of Ventura, 156 Cal.Rptr. 718, overturned the approval of
a parcel map by the Board of Supervisors because the Board
had not provided an opportunity for a public hearing on
both the map and the negative declaration. .Carlsbad's
procedures, which also do not provide for such, hearings,
are now unconstitutional. A memorandum, dated August 17,
1979, explaining the changes which must be made in
our Subdivision and Environmental Review processes to
comply with the new Horn requirements, is attached. Also
attached are two ordinances which contain the changes
our office considers necessary to comply with the new
law.
Exhibits
.Memorandum to Mayor and City Council, dated August 17, 1979,
Ordinance No. %S3 / amending Title 19.
Ordinance No. J<$^3 3 amending Title 20.
Recommendation
That the City Council introduce Ordinance No. 9^5~^3/ an^
Ordinance No.
Council Action:
Councn continued Ordinance No. 9531 to the next regular meeting!
9-18-79 Council adopted Ordinance No. 9532.
• Council introduced Ordinance No. 9531, amending the Municipal Code
to provide notice and hearing rights to affected property
in connection with Environmental Review. ' .
10-2-79 Council adopted Ordinance No. 9531.
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It 00VINCENT FATTORNEY -1200 ELM AVENUECARLSBAD, CALIFORNI2
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ORDINANCE NO. 9531
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE.19, CHAPTER 19.04, OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF
SECTION 19.04.155 AND BY THE AMENDMENT
OF SECTIONS 19.04.130, 19.04.140, 19.04.153,
19.04.185 AND 19.04.190 TO PROVIDE NOTICE
AND HEARING RIGHTS TO AFFECTED PROPERTY
OWNERS IN CONNECTION WITH ENVIRONMENTAL
REVIEW.
The City Council of the City of Carlsbad, California
does hereby ordain as follows:
SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad
Municipal Code is amended by the addition of Section 19.04.155
to read as follows:
"19.04.155 Public notice of preparation. The Planning
Director shall give public notice of preparation of an
Environmental Impact Report at least thirty days prior to ;
the completion of such report. Such notice shall be given
by publication, one time, in a newspaper of general circulation
in the area affected by the proposed project, by first class
mail to all persons and organizations who have previously
requested such notice and by posting in a conspicuous place
on the project site. Such notice shall provide the address
or location of the proposed project, the description of the
project as proposed and the Director's findings that the
project will have a significant effect on the environment.
The notice shall also state that written comments may be
submitted to the Planning Director within fifteen days after
the mailing or publication or posting of the notice, whichever
is later."
SECTION 2: That Title 19, Chapter 19.04 of the Carlsbad
Municipal Code is amended by the amendment of Sections 19.04.130,
19.04.140, 19.04.185 and 19.04.190 to read as follows:
"19.04.130 Negative declaration. The Planning Director
shall prepare a Negative Declaration when he finds, after
the required inquiry, that the project will have no significant
effect on the environment. The declaration shall include
the name of the applicant, the address or location of the
proposed project, a description of the project as proposed
and the Director's finding that the project will not have a
significant effect on the environment. The declaration
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shall also include a statement of the reasons which support
the Director's finding, a statement indicating who prepared
the Environmental Impact Assessment, a statement indicating
who performed the initial study and evaluation, and identification
of the location where copies may be obtained. Such declaration
shall be posted for ten business days on a bulletin board
located in the public portion of the Planning Department and
in a -conspicuous place on the project site, and shall be
published once during the posting period in a newspaper of
general circulation in the city. The decision to issue a
Negative Declaration is final unless appealed. A Negative
Declaration when final will result in execution by the
Planning Director of the endorsement of compliance.
19.04.140 Appeal. Any determination of the Planning
Director or the Negative Declaration may be appealed by any
interested party to the City Planning Commission. Appeals
shall be filed with the Planning Director accompanied by a
fee of $50.00 within fifteen days of the mailing of the
Director's decision or within five days of the expiration of
the period for the posting of the Negative Declaration,
whichever is later. The Director -shall, give notice of the
hearing on appeal as. specified in Section 19.04.130 and by
first class mail to the applicant and .the appellant. The
Planning Commission shall hear the appeal and may approve,
conditionally approve, modify, or disapprove the Negative
Declaration or the Director's decision. .-•
The decision of the Commission shall be noticed as
provided in Section 19.04.130 and shall be mailed to the
applicant and appellant. The Commission's decision may be
appealed by any interested party to'the City Council. The
appeal shall be made in writing to the City Clerk within ten
days of the mailing of the decision of the Planning Commission.
A fee of $50.00 shall be paid to the City Clerk at the time
the appeal is filed. The Clerk shall give a notice of
hearing as specified in Section 19.04.130. Such notice
shall also be mailed to the applicant and the.appellant.
The City Council shall hear the appeal and may approve,
conditionally approve, modify or disapprove the decision of
the Planning Commission. The decision of the City Council
is final.
A final decision for the Negative Declaration or an
exception or exemption will constitute an endorsement of
compliance. A final decision finding a potential significant
environmental effect will require preparation of an Environmental
Impact Report. A final decision not to exempt or accept a
project shall require that such project be processed in
accord with the provisions of this chapter.
19.04.185 Planning Commission hearing. The Environmental
Impact Report shall be forwarded to the Secretary of the
Planning Commission. The Secretary shall set the matter for
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public hearing on the Commission agenda. Notice of the date
of the hearing shall be mailed to the applicant, posted on
the Council chamber door, published once in a newspaper of
general circulation and mailed to all property owners as
shown on the latest equalized assessment roll and person in
possession, if different,"within a radius of three hundred .
feet of the proposed project ten days prior to the date of
the hearing. At the hearing the Commission shall hear staff
comments on the report and comments from the public. The
Commission may refer the report back to staff for further
investigation, information and analysis and for the inclusion
of additional material if they determine such to be necessary
to a full and complete report. The Planning Director shall
supplement the report if any significant points are raised
at the hearing which have not been covered in the report.
The Commission shall forward the Environmental Impact Report
to the City Council with their recommendation as to whether
or not the report has been completed in compliance with all
applicable requirements."
19.04.190 City Council hearing. Upon receipt of the
Planning Commission's recommendation, the City Clerk shall
set the report for public hearing before the City Council-
Notice shall be published once in a newspaper of general
circulation, posted on the Council chamber door, mailed to
the applicant and mailed to all property owners as shown on
the latest equalized assessment rolls and persons in possession,
if different, within a radius of three hundred feet of the
proposed project ten days prior to the hearing date. The
Council shall hold a public hearing on the Environmental
Impact Report. At the hearing the staff report, Planning
Commission recommendation and comments from the public shall
be received. The Commission may refer the report back to
staff for further investigation, information analysis and
for.the inclusion of additional material as deemed necessary
to a full and complete report. The report shall be supplemented
to include any significant points raised at the hearing and
not covered in the report. If the Council finds that the
report has been completed in compliance with the California
Environmental Quality Act, the state guidelines and this
chapter, they shall by motion so certify."
SECTION 3: That Title 19, Chapter 19.04, Section 19.04.153
of the Carlsbad Municipal Code is amended by the amendment
of Subsection(d) to read as follows:
"(d) At least ten days prior to the submission of the
environmental impact report to the acting or approving
authority, notice of the Planning Director's intention to issue
an endorsement of compliance shall be published once in a
newspaper of general circulation in the area affected by the
proposed action. Such notice shall state the location and
nature of the project, the intended action of the Planning
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Director, the time and date for submission to the acting
authority and the manner by which objections may be raised."
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 the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a.regular meeting of the
Carlsbad City Council held on the 1 8th day of September *•
1979 and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 2nd day of October r 1979 by the
following vote, to wit: • •
AYES:
NOES:
ABSENT:
Councilmen Packard, Lewis, Anear and
Councilwoman Casler
None
Councilman Skotnic
sfr&( SC- '
"RONALD C. PACKARD, Mayor
ATTEST:
J.&
ALETHA L. RAUTENKRANZ, City Cler^
(SEAL)
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ORDINANCE KO. 9532
".AN ORDINANCE OF THE CITY COUNCIL OP THE
CITY OF CARLSBAD, CALIFORNIA AMENDING*
CHAPTERS 20.12, 20.24 and 20.40 OF THE
CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
OF SECTIONS 20.12.080, 20.12.090 AND
20.40.050 AND BY THE ADDITION OF
SECTION 20.24.115 AND SUBSECTION (E) TO
SECTION 20.24.140 TO PROVIDE FOR
NOTICE TO AFFECTED PROPERTY OV7NERS IN
REGARD TO APPROVAL OF CERTAIN PROJECTS
• PURSUANT TO THE SUBDIVISION MAP ACT.
The City Council of the City of Carlsbad, California,
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does hereby ordain as follows: ' • * •
SECTION 1: That Title 20, Chapter 20.12, Section 20.12.080
of the Carlsbad Municipal Code is amended by the amendment
of Subsection (1) to read as follows:
"(1) Hold a public hearing on the tentative map.
Notice thereof shall be given as provided in Section 66451.3
of the Subdivision Map Act. In addition, notice of the
hearing shall be mailed by first class mail to all property
owners as shown on the latest equalized assessment rolls and
persons in possession, if different, within a radius of
three hundred feet of the proposed px'oject. Any interested
person may appear at such hearing.and shall be heard."
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SECTION 2: That Title 20, Chapter 20.12, Section 20.12.090
of the Carlsbad Municipal Code is amended by the amendment -
of Subdivision (b) to read as follows:
"(b) The City Council shall hold a public hearing on
the tentative map and notice thereof shall be given as
provided in Section 66451,3 of the Subdivision Map Act. In
addition, notice cf the hearing shall be mailed by first
.class mail to all property owners as shown on the latest
equalized- assessment rolls and persons in possession, if different,
within a radius cf three hundred feet of the proposed project.
Any interested person may appear at such hearing and shall
be heard."
SECTION 3: That Title 20, Chapter 20.24 of the Carlsbad .
Municipal Code is amended by the addition of Section 20.24.115
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and Subsection (e) to Section 20.24.140 to read as follows:
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"20.24.115 Notice to affected property owners. Within
five working days after the tentative parcel map has been
filed the City Engineer shall notify by first class mail all
property owners as shown on the latest equalized assessment
rolls and persons in possession, if different, within a
radius of three hundred feet of the proposed project that
the tentative parcel map has been filed. Each such ;
person may request in writing the opportunity to be heard on
the tentative parcel map. Such written request must be
filed with the City Engineer within fifteen days after the
mailing of the notice. Failure to so file shall be deemed a
waiver of the rights under this section. If written request
to be heard is filed by any property owner receiving such
notice the property owner- shall receive all notices required
by Section 20.24.120 and'may request or shall be permitted
to be heard at a review pursuant thereto. The notice required
by this section shall include a brief description of the
project as proposed on the tentative parcel map and shall
inform each property owner of their rights pursuant to .this
section."
"(e) Notice of any final decision of the City Engineer
pursuant to this chapter shall be mailed to all property
owners as shown on the latest equalized assessment rolls and
persons in possession, if different, within three hundred feet
of the proposed project. Such notice shall inform each owner
of the appeal rights under this section." .,..
SECTION 4: That Title 20, Chapter 20.40, Section 20.40..050
of the Carlsbad Municipal Code is amended by the amendment
of Subsection (a) to read as follows:
"(a) A public hearing shall be held before the City
Council on all petitions fox, and City Council initiations for,
reversions to acreage. Notice of the public hearing shall
be given as provided in Section 66451.3 of the Subdivision Map
ACT. The City Engineer shall also mail a written notice to
all property owners as shown on the latest equalized assessment
rolls or person in possession, if different, within a
radius of three hundred feet of the proposed project within
the time limits as specified in Section 66451.3 of the
Subdivision Map Act."
EFFECTIVE DATS: 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 the Carlsbad Journal within fifteen days after its
adoption.
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F. BIONDO, JR.- CITY OF CARLSBADUM AVENUE:ALIFORNIA 92008 • . 'j_» H M H Ha £» w .to H£|gd. 16LU «£ w ^o cc ^ co
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: INTRODUCED AND FIRST READ at a regular meeting of the
! Carlsbad City Council
.1979 and thereafter
held on the 4th day of September ,
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 1 8thday of September , 1979 by the
following vote, to .wit: .
AYES: Counci
NOES: None
ABSENT: Counci
t
ATTEST:
/) /} ^ / ^x 'Tjr^,.Uf^JL^CA^, A . f/\ G^
ALETHA L. RAUTEKKRANZ
(SEAL)
'
Imen Skotnicki, Anear, Lev/is and
Counci Iwoman Casler
/ "\
Iman Packard
/^j_ C-^ $%<L^ ^
^w^^^y^j^^^^L-RONALD C^/PACKARD, Mayor
ANTHONYS. SKOTNICKI 5 Vice-Mayor
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, City Cle^k
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