HomeMy WebLinkAbout1982-06-15; City Council; 7060; Environmental Protection Ordinance RevisionCITY 3F CARLSBAD - AGENDA GILL
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MTG, 6-15-82
DEPT. CA
TITLE
ENVIRONMENTAL PROTECTION
ORDINANCE REVISION
DEPT. HD.
CITY AlNH
CITY MGR.&
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RECOMMENDED ACTION:
Introduce Ordinance No. 96 3 0 amending the Carlsbad
Environmental Protection Ordinance.
ITEM EXPLANATION:
The attached ordinance will amend the Carlsbad Environmental Protection Ordinance to ensure compliance with state law.
A detailed explanation of the measure is contained in the
attached memorandum from the City Attorney.
FISCAL IMPACT:
Slight reduction in processing cost can be expected.
ENVIRONMENTAL REVIEW:
Not required.
EXHIBITS:
Memorandum from City Attorney dated May 26, 1982.
Ordinance No. 96 30 .
MEMORANDUM
DATE : May 26, 1982
TO : Mayor and City Council
FROM: City Attorney
SUBJECT: AMENDMENT OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE
Attached to this memorandum is a proposed ordinance which would
amend the Carlsbad Environmental Protection Ordinance of 1980 to
make it'consistent with recent changes in the state law. The
overall thrust of the amendment is to make the environmental
process work more smoothly and to eliminate unnecessary noticing
provisions; and thereby speeding up the environmental process in
certain circumstances.
Section 1 of the proposed ordinance defines the term "satisfying
living environments" as including natural environmental
conditions as well as physical amenities provided as a result of
development. This definition is added to be consistent with
Section 15010(b) of the state guidelines. What this does is
insure that the benefits of development are considered along with
existing natural environmental conditions when determining
whether a project is good for the community.
Section 2 is a technical amendment to the exemption for projects
developed pursuant to a specific plan. Added is a requirement
that the exemption be implemented according to section 15079.7 of
the state guidelines. Presently the Carlsbad Environmental
Protection Ordinance provides that the exception shall be
implemented according to Section 65453 of the Government Code.
The drafters of the state guidelines indicated that the
provisions of section 15079.7 were necessary to provide a more
understandable explanation of the exemption and to relate the
exemption more completely to the environmental review process.
The exemption is based on the idea that a specific plan is a
highly detailed planning document that when properly done is
normally so complete that an EIR on the plan itself would be able
to analyze all the significant impacts of development projects
that would implement the plan.
Section 3 of the proposed ordinance adds limited exemption for
projects which are developed pursuant to zoning approvals. The
section provides that where an EIR is prepared on a prior zoning
approval, if a subsequent planning project implements the
mitigation measures of that EIR and is consistent with the
zoning, no environmental impact report is required for the
subsequent project. If the subsequent project will not
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Mayor and City Council -2- May 26, 1982
implement mitigation measures then as to that particular
significant effect, environmental review must be conducted. This
section serves two important functions. First, it encourages
more detailed environmental review at the zone change stage, and
second it speeds subsequent development by limiting the need for
further environmental review. Because this section is permissive
rather than mandatory it does not require an EIR be prepared on
all zone changes. This section is added because of the addition
of section 21083.3 of the Public Resources Code.
Section 4 of the proposed ordinance eliminates the need for
mandatory public noticing of the fact that environmental
documents are being prepared. Instead the section requires the
planning director to establish guidelines to determine those
projects which may require advance public notice of the
preparation of environmental documents and requires the planning
director to determine when such notice shall be given. This is
consistent with recent changes to the state guidelines. The
amended guidelines make early consultation permissive rather than
mandatory as have been earlier required by court decision.
Whether this permissive noticing will be upheld by the courts
remains to be seen. However, utilizing the permissive procedures
rather than the mandatory procedures will benefit the City's
administration of the environmental protection ordinance as well
as meet the concerns of the development community.
Section 5 of the proposed ordinance amends the provision of the
existing code dealing with negative declarations by dividing the
present section into three separate subsections, thereby
clarifying the requirements of the various provisions. More
significantly, however, subsection (c) has been amended to
eliminate what had been previously called a conditional negative
declaration and instead authorizes the use of a "mitigated
negative declaration". A mitigated negative declaration may be
prepared when the project is redesigned in light of an initial
study so that no significant environmental impacts would occur.
This change is made because of an amendment to section
15080(d)(2) of the state guidelines. A mitigated negative
declaration cannot be used as a substitute for an environmental
impact report. The advantage of a mitigated negative declaration
is that it allows the developer to voluntarily redesign the
project to avoid significant impacts. The drawback of a
mitigated negative declaration to the development community is
that it would be impossible to make findings of overriding
consideration with regard to a particular significant impact.
Generally whenever a significant environmental impact is
identified by an initial study then that impact must be analyzed
in an environmental impact report, alternatives to the project
considered, and mitigation measures for that impact proposed.
In the circumstance where there is perhaps one or two
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May 26, 1982
significant effects which are readily apparent and easily
mitigated it seems unnecessary to go through the exercise of
preparing an environmental impact report even if it is "focused".
Because the mitigated negative declaration is publicly noticed
and the decision-making body must specifically find that the
project will not have any significant impact, protection of the
public's right to comment is retained.
Section 6 of the proposed ordinance elimiates the necessity of
mailing the notice of completion to all property owners within a
radius of 300 feet of the proposed project. It instead
substitutes a provision giving the planning director the choice
of which notice method to use.
Section 7 of the proposed ordinance adds an additional
requirement to the contents of the environmental impact report.
This section requires an environmental impact report to include a
list of those agencies that are expected to use the environmental
impact report and a list of the approvals for which the
environmental impact report will be used. The requirement
will allow those unfamiliar with the development process to
know what to expect with regard to the approvals of the project
and also which agencies will be involved in the project
approval. It also informs governmental agencies which
other governmental agencies will be acting with regard to that
project.
It is our opinion that the proposed ordinance implements the
recent changes to CEOA and to the state guidelines. The new
ordinance also speeds the environmental process by giving the
planning director greater discretion in determining which notice
mechanisms to use. The ordinance has been reviewed by the
Planning Department and they recommend its adoption.
BIONDO, JR., City Attorney
,'
Assistant City Attorney
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ORDINANCE NO . 9630
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
AMENDMENT OF VARIOUS SECTIONS TO MAKE THE CAFUS-
BAD ENVIRONMENTAL PROTECTION ORDINANCE OF 1980
CONSISTENT WITH STATE LAW.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 19, Chapter 19.04, Section
19.04.025 of t'he Carlsbad Municipal Code is amended by the
amendment of Subsection (4) to read as follows:
"(4) Insure that the long-term protection of the
environment, consistent with the provision of decent housing and satisfying living environments shall be a guiding criteria in public policy decisions. The term 'satisfying living en-
vironrrienks' includes natural environmental conditions, as well as physical amenities provided as a result of development."
SECTION 2: That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the amendment of the last
sentence of Section 19.04.080 to read, "This section shall be
implemented according to Section 65453 of the Government Code
and Section 15079.7 of the State Guidelines."
SECTION 3: That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the addition of Section
19.04.085 to read as follows:
Section 19.04.085 Limitation of this Chapter when an
EIR has been prepared on prior zoning approvals. a) If a parcel has been zoned to accommodate a parti-
cular density of residential development and an environmental
impact report was certified for that zoning action, the applica-
tion of this division to the approval of any subdivision map or
other project that is consistent with the zoning shall be limited
to effects upon the environment which are peculiar to the parcel
or to the project and which were not addressed as significant ef-
fects in the prior environmental report. The decision making body
approving the subsequent action shall mitigate the significant
environmental effects by undertaking or requiring the undertaking
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of any feasible mitigation measures specified in the prior envi-
rorirncntal impact report relevant to a significant effect which
the project will have on the environment. If such feasible miti- gation measures are not undertaken or required, then the provi- sions of this Section shall have no application to that effect and further environmental review on that effect shall be conducted. When approving the project the decision making body shall make a finding at a public hearing as to whether those mitigation mea-
sures will be undertaken.
pursuant to Section 21083.3 of the California Public Resources Code.
b) This Section shall be administered and implemented
SECTION 4: That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the amendment of the Sec-
tion 19.04.120 to read as follows:
19.04.120 Public Notice of Preparation
a) In order to insure adequate public participation in the environmental process, public notice of the preparation of negative declarations and environmental impact reports may be
given prior to the completion of the declaration or draft of the
environmental impact report. The Planning Director shall estab-
lish guidelines for determining those projects which may require
public notice of preparation. The Planning Director shall deter-
mine when such notice shall be given. Notice of preparation may
be given hy publishing once in a newspaper of general circulation
in the area where the project is located and mailing to all per-
sons who have previously requested such notice. All notices of
preparation shall be posted on a bulletin board in the public
porticr, Df City Hall. This notice is additional to all other notices.
b) Prior to completing a negative declaration or draft
environxntal impact report the Planning Director may consult
directly with any person or organization he believes will be con-
cerned with the environmental effects of the project.
SECTION 5: That Title 19, Chapter 19.04 is amended by
the amendment of Section 19.04.130 to read as follows:
Section 19.04.130 Negative Declaration
a) The Planning Director shall prepare a negative de-
claration when he finds after the required inquiry that the pro- ject will have no significant effect on the environment. The de- claration shall include the name of the applicant, the address or
the location of the proposed project, the description of the project as proposed and the Director's findings that the project will not have a significant effect on the environment. The de- claration shall also include a statement of the reasons which
support the Director's findings, statement indicating who per- formed the initial study and evaluation, identification of the 1ocatic.r. where copies may be obtained; or in lieu of these state-
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merits a copy of the initial study documenting reasons to support the findings shall be attached. The declaration shall include a statenent that comments on the declaration may be made.
b) Notice that a negative declaration has been prepared shall be given to the public at least ten days prior to final. adoption by the decision making body of the negative
declaration and shall also be given to all organizations and
individuals who have previously requested such notice. The
public notice shall be given by at least one of the following procedures:
general circulation in the City.
project is located.
the project as such owners as shown on the latest equalized
assessment role.
provision of this code, in lieu of the notice provided by this section the negative declaration shall be noticed in the same manner and at the same time as the other notice required for the
project. Planning Director may require any additional notice he
deems necessary for the project and shall assess the cost for any notice required by this section to the applicant.
significant effects on the environment of a project as identified in an initial study have been clearly mitigated by project redesign so that no significant environmental effects would occur, a mitigated negative declaration shall be prepared
instead of an environmental impact report. Mitigation under this section shall be limited to changes in the project resulting from either revisions in the project plans made by the applicant or an enforceable commitment from the applicant to include the mitigation measures in the project. A mitigated negative declaration shall be used only when the impacts and mitigation measures are readily apparent and would clearly
result in an insignificant impact. It shall not be used as a substitute for an environmental impact report. “here a mitigated declaration has been prepared the decision making body shall make a finding that the project as approved will not have
a significant effect on the environment.
SECTION 6: That Title 19, Chapter 19.04 is amended by
1. Publication at least one time in a newspaper of
2. Posting on and off site in the area where the
3. Direct mailing to owners of property within 300’ of
If the project requires a noticed hearing under any
c) If the Planning Director determines that all
the asriendrnent of Section 19.04.210 to read as follows:
19.04.210 Notice of Completion. As soon as a draft of -- - --.- - Iy the environmental impact report l‘s completed the Plannins Director shall file Notic;! of Completion with the Secretary €or the Iiesources Agency. The notice shall include a brief description of the project, its proposed location and address where copies of the report are available, and the period during
which comments on the report will be received by the Planning Department. At the same time the Notice of Completion shall be posted on the bulletin board located in the public portion of City Hall. In addition, notice shall be given to all organizations and individuals who have previously requested such natice and shall also be given by at least one of the following procedures:
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1. Publication once in a newspaper of general
2. Posting on and of€ site in the area where the
3. Direct mailing to owners of property as shown on
circulation in the City.
project is located.
the latest equalized assessment role within a radius of 300' of
the proposed project.
he deems necessary for the project and shall assess the cost of
the applicant in lieu of public notice as specified in this
section. The notice required by this section may be given in
the same manner and at the same time as the public notice
otherwise required for the project. This shall not relieve the
Planning Director from the obligation to post the notice on the
bulletin board and send the notice to organizations and persons
previously requesting such notice.
The Planning Director may require any additional notice
SECTION 7: That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the amendment of Section
19.04.190 Subdivision (f) to read as follows:
(f) The report shall also include a statement briefly
describing the intended uses of the environmental impact report.
This statement shall include to the extent that the information
is known to the City a list of the agencies that are expected to use the EIR in decision-making and a list of the approvals for
which the EIR will be used. If a decision making body will make more than one decision on a project all its decisions subject to this chapter should be listed preferably in the order that
they will occur.
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
c Carlsb,3d City Council, held on the 15th - -- day of June ---
1982 _- --- and thereafter.
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 29th day of June , 19 82 , by the
following vote, to wit:
AYES:
NOES: kme
ABSENT: None
Council Members Casler, Lewis, Kulchin and Chick
ATTEST :
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