HomeMy WebLinkAbout1983-02-01; City Council; 7284; Environmental Protection ProceduresCIT OF CARLSBAD — AGEND BILL (12.
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CADEPT.
TITLE: AMENDMENT OF ENVIRONMENTAL PROTECTION
PROCEDURES TO ALLOW APPEAL OF
NEGATIVE DECLARATION
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RECOMMENDED ACTION:
Introduce Ordinance No. ^ if
ITEM EXPLANATION
Presently the provisions of the Carlsbad Environmental Protection
Procedures do not allow for the appeal of a denial of a negative
declaration by the decision making body. Rather it requires that an
environmental impact report be prepared. In the past, two
applicants for projects for which a negative declaration was denied
have requested that the negative declaration be appealed to the City
Council. Those appeals were allowed even though prohibited by the
Code. This amendment will allow any decision on a negative
declaration to be appealed to the City Council. The change is
supported by the Land Use Planning Manager.
FISCAL IMPACT
None. May result in less cost to developers in certain
circumstances.
EXHIBITS
Ordinance No. ft^»
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VINCENT F. BIONDO, JlTTORNEY - CITY OF C/<
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1200 ELM AVENUERLSBAD. CALIFORNIA <5
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ORDINANCE NO.9669
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 SECTION 19.04.150 TO ALLOW THE
APPEAL OF ALL NEGATIVE DECLARATIONS TO THE
CITY COUNCIL.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 19, Chapter 19.04 of the
Carlsbad Municipal Code is amended by the amendment of Section
19.04.150 to read as follows:
19.04.150 Appeal of Negative Declarations. If the
decision making body has the authority under this code to finally
approve or deny a project, the decision to approve, conditionally
approve or deny a negative declaration is final unless 1) any
interested party files an appeal to the City Council of its
decision on the project and negative declaration as provided by
this code for appeals of projects or 2) any interested party
appeals to the City Council of its decision on the negative
declaration in writing filed with the City Clerk within ten days
of the decision making body's approval, conditional approval or
denial of the negative declaration. A fee established according
to this title shall be paid to the City Clerk at the time of
filing the appeal. If an appeal is of the decision on the
project and the declaration, notice shall be given as provided in
this code for appeals of the project. If the appeal is of the
decision on the negative declaration alone, the clerk shall give
a notice of hearing in the manner specified in Section 19.04.130.
Such notice shall also be mailed to the applicant. The City
Council shall hear the appeal and may approve, modify or
disapprove the decision of the decision making body. The
decision of the City Council is final.
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.
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F. BIONDO, J- CITY OF CLM AVENUE:ALIFORNIAt-> o .Z "! 8 Quj z (N <•0 £ """ o>21 O V5
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INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held
and thereafter
on the 1st day of February f 1983r
PASSED AND ADOPTED at a meeting of said City Council
held on the I5th day of February , 1983 by the
following vote, to wit:
AYES: Council Members easier, Lewis, Kulchin, Chick and Prescott
NOES:
ABSENT:
ATTEST:
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ALETHA L. RAUTENK
(SEAL)
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None
None
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MARY H.^CASLER, Mayor
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RANZ, City Clerk
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