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HomeMy WebLinkAbout1984-02-21; City Council; 7648; Amendment of City's Environmental review ordinance. N d b 6'1 AB# 76ytf' MTG.- 2/21/84 - DEPT. 2 0 TITLE: DEPT. HD. AMENDMENT OF CITY ' S ENVIRONMENTAL CITY ATTYZ& REVIEF! ORDINANCE CITY MGR.-Z&? 4 .A- tin JF CARLSBAD - AGENDI 'JILL I c Gab 8 > 0 rr a. a3 N I rl I 2 cj RECOMMENDED ACTION: Title Ordinance No. 97/2 amending Title 19 by the amendment of Chapter 19.04 to update the City's environmental yrotection procedures and set the matter for public hearing at the Council meeting of March 20, 1984. ITEM EXPLANATION After two years of work the state Resources Agency has promulgated revised CEQA guidelines. These guidelines became effective August 1, 1983. All public agencies, including cities, are required to bring the local environmental procedures into conformity with the guidelines. A summary of the chanqes to the state guidelines, prepared by Dennis T. Machida, Assistant Secretary for the Resources Agency which was presented to the City Attorney's Department of the League of California Cities, is attached to this agenda bill as Exhibit A. In order to ensure that the City of Carlsbad's environmental protection procedures are consistent with the state guidelines and to eliminate conflicting provisions between the City's procedures and the state law, the Land Use Planning Manager has requested that our office draft an ordinance which would incorporate the state guidelines by reference as the City's environmental protection regulation. Because this is now specifically authorized by the state guidelines themselves, we accom- modated the Land Use Planning Manager's request. The attached ordinance incorporates the state CEQA guidelines by reference as the City's environmental protection regulation. However, because the state guidelines are not self implementing those portions of Chapter 19.04 relating to processing and procedures are retained in the proposed ordinance. The procedures for processing environmental documents within the City of Carlsbad will remain substantially unchanged by the adoption of the proposed ordinance. Over the past several years the City Council has attempted to make the environmental review process within the City simpler and more meaningful. The adoption of the proposed ordinance will aid in this simnlification. The proposed ordinance has been reviewed and approved by the Land Use Planning Manager. One copy of the state guidelines has been filed with the City Clerk as required by law. FISCAL IMPACT Adoption of this ordinance should have no fiscal impacts on the City and may result in reduced future expenditures to keep up with changes in state law. EXHI BITS Ordinance No. 97) 2 ~ Exhibit A - Summary of CEQA changes I . ?- . , e- i 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 n ZOWZ u035 z0-3 >5 3 17 c* +*w* a 18 19 20 21 22 23 24 25 26 27 20 ORDINANCE NO. 9712 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 19 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 19.04 TO REVISE THE CITY'S ENVIRONMENTAL PROTECTION PROCEDURES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 19 of the Carlsbad Municipal Code is amended by the amendment of Chapter 19.04 to read as follows: /// /// /// /// /// /// /I/ /// /// /// /// /// /// /// /// /// /// /// /// /// 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 Sections 19.04.01 0 19.04 -020 19 .04.030 19 -04 -040 19.04.050 19 -04 -060 19.04.070 19.04.080 19.04.090 19.04.100 19.04.110 19.04.120 19 .04.130 19.04.140 19.04.150 19.04.160 19.04.170 19.04.180 19.04.190 19.04.200 19.04.210 19.04.220 19 -04.230 19 -04.240 19.04.250 19 -04 . 260 19.04.270 19 -04.280 19.04.290 19.04.300 19.04.31 0 19 .04.320 19.04.330 19.04.340 19.04.350 19.04.360 Chapter 19.04 Title. Purpose. State guidelines incorporated by reference . General prohibit ion Application. General responsibilities. Determination of exception and exemption. Appeals of determinations on exceptions or exemptions. Notice of exemption. Initial study. Consultation during initial study. Pub1 ic not ice of preparation. Negative declaration. Appeal of negative declaration. Lead agency. Prior compliance . Preparation of environmental impact report . Responsibilities of land use planning manager regarding draft environmental impact report. Not ice of completion . Final environmental impact report . Planning commission hearing. City council meeting. Appeal of planning commission decision. Consol idat ion. Standard of review. Required findings - mitigation measures. Consideration of environmental documents. Notice of determination. Review of lead agency environmental impact reports. Requests for environmental documents. Retention of public comments. Costs of reports - fee schedule. Mailing of notice on request - clerk. Mailing of notice on request - land use planning manager . Land use planning manager - representative. Guidelines. P// /// /// /// 1. 3 I 2 z 4 fi e 7 E s 1c 11 12 12 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 19.04.010 Title. This chapter shall be known as "The City of Carlsbad Environmental Protection Ordinance." 19.04.020 Purpose. This chapter is intended to provide for enhancement and protection of the environment within the city by establishing principles, objectives, criteria, definitions and procedures for evaluation of the environmental impact of public and private projects in an orderly manner. This chapter implements the California Environmental Quality Act hereinafter referred to as CEQA and the state guidelines issued pursuant thereto by the Resources Agency. This chapter provides for the preparation and evaluation of environmental documents and establishes the City's responsibility for protecting the environment. 19.040.030 State guidelines incorporated by reference. State CEQA guidelines adopted by reference. (a) Chapter 3, Division 6, Title 14 of the California Administrative Code as amended effective August 1, 1983 three copies of which are on file in the office of the City Clerk for public record and inspection, are hereby adopted by reference as the environmental review regulations for the City of Carlsbad except for changes, additions, deletions, amendments or supplements contained in this chapter which shall supersede the provision of said guidelines. California Administrative Code is not adopted. (b) Article 16 of Chapter 3, Division 6, Title 14 of the 19.04.040 General Prohibition. (a) No decision making body of the City shall approve or carry out a project as proposed unless the significant environmental effects have been reduced to an acceptable level or specific findings of overriding considerations have been made. (b) No permit, license, approval or other entitlement shall be given for any project or for any items listed in Section 19.04.040 nor shall any project be undertaken by the City until the requirements of this chapter have been fulfilled. 19.04.050 Application. This chapter shall apply to all projects in the City undertaken or pursued by the City and to all permits, licenses, approval or other entitlements for any of the following, provided that they are not otherwise exempted: ( 1) Zone change and zone code amendments; ( 2) Variances: ( 3) Master plans, specific plans or precise development ( 4) Planned developments; planned unit developments and ( 5) Conditional or special use permits; ( 6) Community redevelopment projects; ( 7) Supplemental use districts; ( 8) Parcel maps; ( 9) Drill sites within any oil or water drilling plans, or amendments thereto: planned community developments; district; 2. 4 1 I 1 1 i ! 1( 1: 1: 11 14 1[ It 15 I€ 1s 2c 21 22 23 24 25 26 27 20 (10) Tentative subdivision maps: (1 1) Grading, excavation, fill and dredging permits; ( 12) Site development plans; (13) Adoption or amendment of a general plan or element (14) Condominium permits and condominium conversion (15) Any other private activity which requires a City (16) Any project including building permits where the City (17) Any residential project consisting of five or mre (18) Any commercial or industrial project consisting of (19) Any alteration or addition to residential, commercial thereof: permits : entitlement which would have an adverse effect on the environment: or its staff exercises deliberation or judgment in the approval process i units requiring a building permit; five thousand square feet or more requiring a building permit; or industrial structures of two thousand five hundred square feet or over fifty percent of the existing development: whichever is less. (b) This chapter shall not apply to any action excepted or exempted from review under CEQA, the state guidelines or guidelines adopted by the City Council pursuant to this chapter. 19.04.060 General responsibilities. (a) City Council. Unless the planning commission is the final decision making body authorized by subsection (f) of this section to hold a public hearing on and certify a final environmental impact report, it shall be the responsibility of the City Council: (1) To hold a public hearing on every environmental impact report; (2) To certify that the final environmental impact report is completed pursuant to CEQA, the state guidelines and this title. (b) Land Use Planning Manager. The land use planning manager is responsible for the general administration and implementaion of this chapter . Whenever any notices, reports, or documents are required or permitted to be filed the land use planning manager shall be responsible for such filing unless otherwise provided in this title. Whenever this chapter or CEQA requires the City to make a determination or do an act and the person or body to make the determination or do the act is not specified then the land use planning manager shall have that responsibility, subject to appeal to the City Council. The land use planning manager shall be responsible for the preparation of any environmental impact report or negative declaration required by this chapter. The manager may require an applicant for a City entitlement for any private project to submit data and information which may be necessary to determine whether the proposed project may have a significant effect on the environment or to prepare any environmental impact report or negative declaration. Such data and information may include the preparation of a preliminary environmental impact report or any part thereof; provided, however, that the City shall remain 3. 5- 1 2 3 4 5 6 7 e 9 IC 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 responsible for the contents of the report. The manager may also require the applicant to pay the cost of a city consultant hired to prepare an environmental impact report. The manager may call for assistance from any city department, other governmental entities and the public as he determines necessary to carry out these responsibilities. having the responsibility for issuance of any permit for a project, as defined herein, shall comply with this title and the procedures set forth in the guidelines. (d) Permit Applicant. Any person seeking the issuance of a permit for any project as described herein shall first comply with the title and procedures set forth in the guidelines and shall thereafter construct and maintain the project in reasonable compliance with such permit. planning commission: (1) To hold a public hearing on every environmental impact report; (2) To complete the final environmental impact report in compliance with CEQA, the state guidelines and this title; (3) For projects for which it or any city official is the final decision making body except for the possibility of appeal, to certify that the environmental impact report is completed pursuant to CEQA, the state guidelines and this title; final decision making body, to forward the final environmental impact report to the Council for certification; report, to make the finding of whether or not a proposed project will have a significant effect on the environment . administrative official having final approval authority over the project shall certify that such decision making body or administrative official has reviewed and considered the information in the EIR prior to approving the project or if no EIR was prepared, that the project was processed in compliance with this code. The decision making body shall also approve or disapprove negative declarations prior to consideration of project . shall cooperate with and assist the Land Use Planning Manager in the performance of the manager’s duties under this chapter. All department heads shall respond promptly to all requests for information or assistance made by the Land Use Planning Manager. (c) Persons Charged with Issuing Permits. All persons (e) Planning Commission. It is the responsibility of the (4) For projects for which the City Council is the (5) For projects requiring an environmental impact (f) Decision Making Body. The decision making body or (9) Department Heads. All department heads of the City 19.04.070 Determination of exception and exemption. (a) The land use planning manager shall determine whether a private project, other than a ministerial project, is excepted or exempted from the requirements of this chapter. The applicant will be notified in writing of the land use planning manager’s determination and may appeal the determination as provided in Section 19.04.080. A list of the land use planning manager’s determinations made according to this section shall be 4. G 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 posted weekly for five business days on a bulletin board located in a public portion of the land use planning office. (b) For ministerial projects and projects proposed by the City, the department head with the responsibility for approving or carrying out the project shall determine whether the project is excepted or exempted from the requirements of this chapter, or shall refer the project to the land use planning manager for a determination. The applicant, if any, will be notified by writing of the determination made according to this section and may appeal the determination as provided in Section 19.04.080. department head, may determine notwithstanding the fact that a project may be within an exemption or exception, that it may have a significant effect on the environment for such reasons as scope or scale of the activity, the cumulative impact of successive projects of the same type and in the same area, proximity to the beach, proximity to a lagoon, proximity to a floodplain, proximity to an environmental resource of hazardous or critical concern, or any other reason which in the judgment of the land use planning manager or other appropriate department head may involve a matter of the environment. If such a determination is made, the notice of exemption shall not be issued and the project shall be processed in accordance with this chapter . (c) The land use planning manager, or other appropriate 19.04.080 Appeals of determinations on exceptions or exemptions. (a) The determinations made according to Section 19.04.070 are final unless appealed to the planning commission. Appeals shall be filed in writing with the land use planning manager within ten calendar days of delivery of the written notification or within ten calendar days of the expiration of the period for posting. For the purpose of this section if written notificatior is mailed, delivery shall be the date of mailing. (b) The planning commission shall hear the appeal no later than the second regularly scheduled meeting following the filing of the appeal and may approve or disapprove the decision. The decision of the commission shall be noticed in the manner provided in Section 19.04.070 as appropriate and shall be mailed to the applicant and the appellant. (c) The planning commission decision may be appealed 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 established by this title shall be paid to the City Clerk at the time the appeal is filed. The City Council shall hear the appeal and may approve or disapprove the decision of the planning commission. The decision of the City Council is final. (a) Notice of the hearing on appeal for either the planning commmission or the City Council shall be given as provided for the noticing of negative declarations and by first class mail to the applicant and to the appellant. 0.. 5. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 19.04.090 Notice of exemption. (a) When a project qualifies for an exception or exemption and the City approves or determines to carry out the project, the land use planning manager, or other appropriate department head, may file a notice of exemption with the county clerk. Such notice shall include a description of the project, the location and the finding that the project is within an exception or exemption and a brief statement of the reasons for the finding. These notices may be filed weekly. The notice of exemption shall constitute an endorsement of compliance for the project. (b) Whenever the City approves an applicant's project, the applicant may file a notice of exemption. The notice of exemption, filed by the applicant, shall contain the information required in subsection (a) of this section together with a certified document issued by the City stating that it has found the project to be exempt. This may be a certified copy of the determination made according to Section 19.04.070 19.04.100 Initial study. (a) If the project is not categorically exempt and does not qualify for an exception, the land use planning manager shall conduct an initial study to determine if the project may have a significant effect on the environment. The responsible city department or a private applicant for a city entitlement shall submit to the manager a completed environmental impact assessment form as an aid to the determination. (b) The land use planning manager with assistance from city departments, or staff as appropriate, shall review each project for which an initial study form has been filed. The manager shall evaluate all information regarding the project and shall determine whether or not the project as proposed may involve a significant impact on the environment . (c) Except as otherwise provided by law if it is determined that a project may have a significant impact on the environment, the land use planning manager shall prepare or cause to be prepared an environmental impact report according to the requirements of this chapter. (d) If it is determined that the project will have no significant impact on the environment, the manager shall prepare a negative declaration. (e) If identified significant effects on the environment can be mitigated so that the project will have no significant effect on the environment, the manager may by imposition of appropriate conditions, including but not limited to revision or redesign of the project, require the mitigation of these effects. A negative declaration may then be issued for the project provided, however, that no step or element of the project which may have a significant effect on the environment may be implemented or carried out unless the conditions intended to mitigate that effect have been implemented or carried out. land use planning manager's determination under this section. Such notification may be given either by personal delivery or first class mail. The applicant may appeal the manager's (f) The applicant shall be given written notice of the I 2 z 4 E e 7 € S 1c 11 12 12 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 determination to the planning commission within ten calendar day: after either the personal delivery or mailing of the notice. Tht hearing shall be processed according to the procedures established in Section 19.04.070 for hearing on determinations oj exceptions. 19.04.110 Consultation during initial study. Prior to determining whether a negative declaration or environmental impact report is necessary for a project, the land use planning manager shall consult with responsible agencies . This consultation may be quick and informal. 19.04.120 Public notice of preparation. (a) In order to insure adequate public participation in thc 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 land use planning manag'er shal: establish guidelines for determining those projects which may require public notice of preparation. The land use planning manager shall determine when such notice shall be given. Notice of preparation may be given by publishing once in a newspaper of general circulation in the area where the project is located and mailing to all persons who have previously requested such notice, All notices of preparation shall be posted on a bulletin board il the public portion of city hall. This notice is additional to all other notices. (b) Prior to completing a negative declaration or draft environmental impact report the land use planning manager may consult directly with any person or organization he believes wi13 be concerned with the environmental effects of the project. 19.04.130 Negative declaration. (a) The land use planning manager shall prepare a negative declaration when he finds after the required inquiry that the project qualifies for a negative declaration under the provisions of this chapter. The declaration shall include a statement that comments on the declaration may be made. shall be given to the public at least ten days prior to the 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. (b) Notice that a negative declaration has been prepared 19.04.140 Appeal of negative declaration. (a) 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 disapprove a negative declaration is final unless (1) any interested party files an appeal to the City Council of the project as provided by this code for appeals of projects or (2) any interested party appeals to the City Council of the negative declaration in writing filed with the City Clerk within ten days of the decision making body'! approval of the negative declaration. A fee established 7. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 according to this title shall be paid to the City Clerk at the time of filing the appeal. If an appeal is of the project notice shall be given as provided in this code for appeals of the project. If the appeal is of the negative declaration alone, the clerk shall give a notice of hearing in the manner specified in Section 15072 of the state guidelines not later than ten days prior to the hearing. Such notice shall also be mailed to the applicant and the appellant. 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, For the purpose of this section appeal of the decision on the project shall be deemed an appeal of the decision on the negative declaration as well. 19.04.150 Lead agency. (a) If the land use planning manager determines that a project is to be carried out or approved by one or more public agencies in addition to the City, he shall first determine, whick entity will be the lead agency. (b) If the the land use planning manager determines that the City is the lead agency, the project shall be processed in accordance with the terms of this chapter. (c) If the land use planning manager determines that another public agency is the lead agency, the environmental documents prepared by such agency shall be the environmental documentation for the City. Such documents shall be considered by the City prior to acting upon or approving the project and the acting or approving authority shall certify as a part of their decision that the information contained therein was reviewed and considered. A project processed in accord with subsection (c) hereof shall be deemed to be in compliance with the requirements of this chapter. (d) Whenever the City is a responsible agency the Land Use Planning Manager shall provide the information and responses to the lead agency which the Land Use Planning Manager deems necessary in order to comply with the statutory responsibilities of a responsible agency. 19.04.160 Prior compliance. If the land use planning manager determines that an environmental impact report or negative declaration has been certified for a project in connection with some previously issuec entitlement for such project, he may issue a notice of determination without further processing pursuant to this chaptei unless subsequent or supplemental environmental review is required pursuant to the provisions of this chapter. 19.04.170 Preparation of environmental impact report. Environmental impact reports shall b e prepared by the land use planning manager for all City projects. The applicant for city entitlement for any private project may prepare and submit a preliminary environmental impact report to the manager. The lanc use planning manager may require the applicant to submit, to a reasonable extent, additional information necessary for a full 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 and complete report. He may call for assistance from other departments, other governmental entities and the public as he determines necessary for a full and complete report. The land use planning manager may, with the approval of the City Council, enter into a contract with private consultants for the preparation of a draft environmental impact report. The cost for such consultants shall be paid by the applicant. The consultant shall not be an employee or affiliate of the applicant. 19.04.080 Responsibilities of land use planning manager regarding draft environmental impact report. The draft environmental impact report shall contain substantially the same information as a final environmental impact report. The land use planning manager shall consult with and obtain comments from other public agencies having jurisdiction by law with respect to the project. He should also consult with any person having special expertise with respect to any environmental impact involved. He shall maintain a listing of local, state and federal agencies which have jurisdiction by law with respect to various projects and project locations within the City. A list of local agencies or persons with special expertise or concerns with regard to such projects shall also be maintained. Copies of the draft report shall be submitted for comment to all agencies having jurisdiction by law over the project. Copies of the draft report may also be submitted for comment to other agencies and persons as the land use planning manager determines to be necessary to a full and complete report. If any public agency or person consulted failed to comment within the time specified by the City for such comment or within a reasonable time, it shall be assumed such agency or person has no comment to make and such fact may be included in the final report. The draft report shall be mailed to the applicant and a copy shall be available to the public at the land use planning department. A copy shall also b~ furnished to and made available at the Carlsbad Public Library. The public copy shall be available for thirty days after the publication of the notice of completion. The city manager may ir exceptional cases extend the period of public availability when, such action is necessary for a full and complete report. The land use planning manager will accept written comments on or objections to the draft report during the period of public availability. After the expiration of said period, the manager shall prepare or cause to be prepared the final environmental impact report . 19.04.090 Notice of completion. As soon as a draft of the environmental impact report is completed the land use planning manager shall file a notice of completion with the secretary for the resources agency. 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 notice and shall also be given by at least one of the following procedures: 9. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Publication once in a newspaper of general circulation (2) Posting on and off site in the area where the project (3) Direct mailing to owners of property as shown on the in the City; is located; latest equalized assessment role within a radius of three hundrec feet of the proposed project . The land use planning manager may require any additional notice he deems necessary for the project and shall assess the cost to 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 land use planning manager from the obligation to post the notice on the bulletin board and send the notice to organizations and persons previously requesting such notice . 19.04.200 Final environmental impact report. The final environmental impact report shall include the draft environmental impact report, a section listing the organizations and persons consulted, the comments received either verbatim or in summary and the response of the land use planning manager to the significant environmental points raised in the review and consultation process. The response of the land use planning manager may be in the form of a revision of the draft environmental impact report or an attachment thereto describing the disposition of the significant points raised. The major issues raised when the position of the land use planning manager is at variance with the comments shall be addressed in detail and the reasons why any specific comments and suggestions were not accepted shall be stated. The City Council may, by resolution, prescribe guidelines in addition to the requirements of this section for the contents of the environmental impact report . 19.04.210 Planning commission hearinq. The environmental impact report shall b e forwarded to the land use planning manager. The manager shall set the matter for 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, within a radius of three hundred feet of the proposed project ten days prior to the date of the hearinq. If the number of persons to whom notice would be mailed is over one hundred, in lieu of mailing, such notice may be given by placing a display advertisement of at least one-quarter page in the newspaper having the greatest circulation in the City. The land use planning manager may require any additional notice he deems necessary for the project and assess the costs to the applicant. If the hearings on the environmental impact report will be consolidated according to this chapter with public hearings on 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 other approvals on the project, the notice rquired by this section may be given in the same manner and at the same time as public notice otherwise required for the project. At the hearing, the commission shall hear staff comments on the report, refer it 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 land use planning manager shall supplement the report if any significant points are raised at the hearing which have not been covered in the project. For projects for which the planning commission or any City official is the final decision making body, except for the possibility of appeal, if the commission finds that the report has been completed in compliance with CEQA, the state guidelines and this chapter it shall be by resolution so certified. For all other projects, the commission shall forward the final environmental impact report to the City Council with a recommendation as to whether or not the report has been completed in compliance with all applicable requirements. 19.04.220 City Council meeting. 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 given in the manner specified in Section 19.04.230 ten days prior to the hearing date. If certification of the environmental impact report is consolidated with other approvals for the project, notice of the hearing on the EIR may be given in the manner provided for the project. 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 Council 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. 19.04.230 Appeal of planning commission decision. An applicant or any other interested person may appeal, from any action of the planning commission with respect to a final environmental impact report for which it is authorized by this title to certify, to the City Council. Any such appeal shall be filed with the City Clerk within fifteen days after the action of the planning commission from which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days 11. 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 following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final. 19.04.240 Consolidation. The planning commission or City Council may consolidate a hearing on an environmental impact report or negative declaration with any other hearing held by the Council or commission in regard to the same project. In such case, the City Council or planning commission shall review and consider the information contained in the report before taking action on the other aspects of the project before them. 19.04.250 Standard of review. In considering whether or not to approve a project for which an environmental impact report is required and has been prepared, the planning commission or City Council shall first review and consider the information contained in the report. The report is an informational document prepared to inform the decision makers and the general public of the environmental effects of the projects they propose to carry out or approve. The process is intended to enable the City to: ( 1) Evaluate a project to determine whether it may have a significant effect on the environment; (2) Examine and institute methods of reducing adverse impacts; and (3) Consider alternatives to the project as proposed. These things must be done prior to approval or disapproval of the project. An environmental impact report may not be used as an instrument to rationalize approval of a project; nor do indications of adverse impact, as enunciated in an environmental impact report require that a project be disapproved. While it is the express policy of the City to give major consideration to preventing environmental damage, it is recognized that the City also has obligations to balance other public objectives includinc economic and social factors in determining whether and how a project should be approved. In that regard, the planning commission or the City Council may balance environmental objectives with economic and social objectives in arriving at a decision. In evaluating whether or not to approve the project OK to grant the permit, license or other entitlement applied for in connection with the report, the Council or commission shall weigk any adverse environmental effects against any positive effects and any benefit to the City and the public which could result from the proposed project. The Council or commission may disapprove a project if they find that the adverse consequences outweigh the positive aspects of the project. They may approve i project if they find the reverse to be true. They may also conditionally approve or modify the project in light of the information in the report. 19.04.260 Required findings - mitigation measures. (a) If the environmental impact report for a project identifies one or more significant effects the project shall not be approved or carried out unless the decison making body makes one or more of the following written findings or statements for 1 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 each significant effect. A statement of facts supporting each finding shall also be made. incorporated into, the project and which mitigate or avoid the significant environmental effects as identified on the EIR; responsibility or jurisdiction of another public agency; make infeasible mitigation measures or project alternatives . significant environmental effect will not be reduced to an acceptable level the decision making body shall make a statement of overriding considerations which shall be mentioned in the notice of determination and shall include the following written findings or statements: (1) The reasons which support its action based on the final EIR or other information on the record or a combination of both; (2) Any findings or statements required under subsection (a) of this section. (1) Changes or alterations have been required on, or (2) The mitigation measures are within the (3) Specific economic, social or other considerations (b) If the project will be approved or carried out and a 19.04.270 Consideration of environmental documents. In considering whether or not to approve a project for which a negative declaration has been processed, a determination of exemption, exception or prior compliance made, or any other environmental document issued which results in an endorsement of compliance pursuant to this chapter, the decision making body shall first review and consider such document and all the information contained therein. The standard of review prescribe in Section 19.04.250 for evaluation of environmental impact reports shall be applied. 19.04.280 Notice of determination. After the decision making body approves a project or grants a requested entitlement for which a negative declaration or an environmental impact report has been prepared, the land use planning manager shall file a notice of determination. 19.04.290 Review of lead agency environmental impact reports. Wh en a lead agency submits an environmental impact report to the City for comment, it shall be referred to the land use planning manager. The land use planning manager is responsible for reviewing the report, preparing appropriate comments and forwarding any such comments to the lead agency within the indicated time limits. He may consult with and obtaii input from any person with knowledge or expertise regarding the matter. As a part of the review, he shall focus on the sufficiency of the environmental impact report in discussing possible impacts upon the environment, ways in which adverse effects might be mitigated, and alternatives to the project, in light of the intent of the California Environmental Quality Act to provide decision makers with useful information about such factors . 13. II rl II '5 I 1 2 2 4 P E 7 E 5 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 19.04.300 Requests for environmental documents. The land use planning manager shall make environmental impact reports or other environmental documents available for reasonable public inspection. He may establish and collect a charge no greater than the actual cost of reproduction for any person requesting copies . from other agencies or individuals in the course of the consultation process while preparing an environmental impact report shall be kept for a reasonable time in the planning department. They shall be made available to the public subject to the same terms as other environmental documents. Comments regarding any project received independently of the report review process shall also be considered and kept on file. 19.04.310 Retention of public comments. Comments received 19.04.320 Cost of reports - fee schedule. The City Council may by resolution adopt a fee schedule for the processing of projects subject to this chapter and for the processing of any report or appeal thereunder. In the event staff is unable to prepare an environmental impact report, the City Council may cause the same to be prepared and the actual cost shall be collected from the applicant. 19.04.330 Mailing of notice on request - clerk. The City Clerk shall mail, on a continuing basis, copies of all notices of appeal, notices of hearings and other notices resulting from this chapter to any individual or group who files a written request therefor. Such requests shall be made annually. A fee in an amount established by City Council resolution shall accompany each such request. 19.04.340 Mailing of notice on request - land use planning manager. The land use planning manager shall mail a copy of any negative declarations on a continuing basis to any individual or group so requesting in writing. Such requests shall be made annually and shall be accompanied by a fee in an amount established by City Council resolution. 19.04.350 Land use planning manager - representative. "Land use planning manager, " as used in this chapter means the land use planning manager of the City or his designated representative. The city manager may approve the designation of a private consultant hired by the City to act for the land use planning manager for a particular project. 19.04.360 Guidelines. The City Council shall adopt by resolution guidelines to aid in the implementation of this title. These guidelines shall include, but are not limited to, guidelines for preparation of draft and f.inal EIRs, a form which will solicit sufficient information to allow the land use planning manager to determine if a project may have a significant effect on the environment, and guidelines for mandatory finds of significant effect. 14. 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 EFFECTIVE DATE: This ordinance shall be effective thirty bays after ts adoption, and the City Clerk shall cer-ify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 21st day of February I 1984 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 6th day of March I 1984 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Presmtt NOES: None ABSENT: Xone %Ly?t/Lo, MARY H, CASLER, Mayor J ATTEST: &$Pfl- ALETHA L. RAUTENKRANZr City Clpk (Seal) DENNIS T. MACHIDA Assistant Secretary The Resources Agency State of California Sacramento, California City Attorneys Department League of California Cities 1983 Annual Conference San Francisco, California CEQA UPDATE INTRODUCTION In several respects this has been an important year fmr CEQA. CEQA continues to be a center of controversy. The Legislature and this administration are proposing changes to the CEQA process. Hopefully the following discussion will provide you an update of current CEQA developments. CEQA GUIDELINES One of the most significant recent developments in CEQA involves the promulgation of the revised CEQA Guidelines which became effective August 1, 1983. Public agencies may take up to 120 days to bring their procedures into conformity with the guidelines. Compliance with the new requirements in the guidelines is required by November 29, 1983. 14 Cal. Admin. Code Section 15007. Reflecting two years of work, this rewrite has completely [aeorganized the previous version of the guidelines. To promote clarity and understanding, the revised document tracks the environmental review process used by agencies in analyzing projects. A summary of the guideline revisions was published by former Assistant Secretary Norman Hill in a past edition of the EIR Monitor (Vol. 10, No. 1). Nevertheless the summary of changes is repeated here due to many inquiries received by the Resources Agency. The summary has been edited in terms of reflecting the adoption of the guidelines, providing headings, and reflecting changes in section numbers mandated by the Office of Administrative Law. -2- Updated Informative Summary Article 1. Concepts Three-Step Process: A description of the three-step structure of CEQA has been added. This structure involves: First, looking for exemptions; Second, preparing an initial study and possibly a negative declaration; and Third, preparing an environmental impact report (EIR). 14 Cal. Admin. Code Section 15002(k). Amendments: Previously the guidelines did not contain a provision for the phase-in of amendments. A new section declares that amendments to the guidelines will apply only to actions taken after the effective date of the amendments. If a document meets the content requirements in effect when the document is sent out for public review, the document will not need to be revised to conform to any new content requirements taking effect before the document is approved. 14 Cal. Admin. Code Section 15007, Article 2. General Responsibilities - Duty to Minimize Environmental Damage and Balance Competing Public Objectives: A new section has been added summarizing the duty to minimize environmental damage and to balance cmpeting public objectives. 14 Cal. Admin. Code Section 15021. -- Delegation of Responsibilities: Previously the guidelines required an advisory body to consider an EIR or negative declaration when it made a recommendation on a project but the guidelines did not say whether the EIR must be a draft or a final EIR. New language expressly allows an advisory body to consider either a draft or a final EIR. 14 Cal. Admin. Code Section 15025(c). Article 3. Authorities Granted to Public Agencies by CEQA A new article describes the authorities granted to agencies by CEQA. These authorities include the authority to require mitigation, to require use of an alternative, to disapprove a project in order to avoid significant environmental damage, to approve a project despite possible significant environmental damage if the agency makes ccytain specified findings, and to charge fees for preparing documents and providing copies to the public. The section on the authority to mitigate states that CEQA does not give agencies independent powers to impose mitigation but that CEQA authorizes agencies to use their existing discretionary powers to mitigate or avoid significant effects on the environment. These authorities have been developed by case law, but most of them did not appear in the previous set of guidelines. 14 Cal. Admin. Code Sections 15040-15045. -. - 3- Article 5. Preliminary Review of Projects and Conduct of Initial Study Preliminary Review: New sections have been added that describe the step of preliminary review which involves reviewing an application for completeness and for a possible exemption from CEQA. 14 Cal. Admin. Code Sections 15060 and 15061. Notice of Exemption: PrevSously the guidelines did not specify the time for filing a notice of exemption. An amendment provides that the notice of exemption may be filed only after the project has been approved. 14 Cal. Admin. Code Section 15062. The Substantial Evidence Standard: With regard to the requirement to prepare an EIR, the previous guidelines required that the lead agency prepare an EIR when the agency found that the project might have a significant effect. An amendment provides that the lead agency shall prepare an EIR when it determines that there is substantial evidence that the project may have a significant effect. The substantial evidence standard is given a larger role in the process. 14 Cal. Admin. Code Section 15064. Social and Economic Effects: Previously the guidelines said little about social and economic effects. Amendments Drovide that economic and social effects shall not be treated as significant effects, Economic and social effects may be used, howe*;ir, to determine the significance of physical changes and can be used to identify physical changes caused indirectly by a project. EIRs may also include economic and social information to assist agencies in determining the feasibility of alternatives or mitigation measures. 14 Cal. Admin. Code Sections 15064(f) and 15131. Public Controversy and Disagreement Between Experts: Previously the guidelines provided that a lead agency should prepare an EIR when it determined that there was serious public controversy over the environmental effects of a project or that there was disagreement between experts over the significance of an effect. Amendments limit the consideration of public controversy and disagreement between experts to situations where it is not clear whether there is substantial evidence that the project may have a significant effect on the environment. In these situations, the lead agency shall decide that the environmental effects subject to the public controversy or the disagreement between experts are signifirart and shall prepare an EIR. 14 Cal. Admin. Code Section 15064(h). Air and Water Quality Standards: With regard to air and water quality issues, the previous guidelines only required that an EIR mention water quality aspects of a project that were previously certified as being in compliance with water quality standards. An amendment provides that if an air emission or water discharge meets the existing standard for a particular pollutant, there shall be a rebuttable presumption that the emission or discharge of that pollutant will not be a significant effect on the environment. 14 Cal. Admin. Code Section 15064(i). -4- Article 6. Negative Declaration Process Standard for Preparation and Approval: A revised standard has been adopted for the preparation and approval of a negative declaration. Previously the guidelines merely required that the lead agency make a finding on the basis of an initial study that the project would not have a significant effect on the environment. A new section provides that an EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that a project may have a significant effect on the environment. Another amendment pro-qides that the lead agency shall prepare and approve a negative declaration if it finds that there is no substantial evidence in the record showing that the project may have a significant effect on the environment. This change makes the guidelines conform to case law. 14 Cal. Admin. Code Sections 15070 and 15074. Negative Declarations Based On Mitigation: Previously the guidelines allowed use of a mitigated negative declaration where effects identified in the initial study had been mitigated to insignificance either by revisions in the project plans or by an enforceable commitment from the applicant to include the mitigation measures in the project. The amendments drop the term "mitigated negative declaration." They provide that a negative declaration may be prepared where the initial study identifies potentially significant effects but revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review will avoid the effects or mitigate the effects to a point where no significant effects would occur. 14 Cal. Admin. Code Section 15070(b). Public Review: A new section has been added describing public review of a negative declaration. 14 Gal. Admin. Code Section 15073. Notices of Determination: Previously the guidelines did not mention a requirement for posting a list of notices of determination with the county clerk or the Secretary for Resources. An amendment provides that the 30-day statute of limitations shall begin for a project only after the notice of determination has been added to a , list of such notices in the office of tke county clerk or the Secretary for Resources. 14 Cal. Admin. Code Sections 15075(d), 15094(e), and 15112. Article 7. EIR Process Scoping: A new section has been added on scoping. The section conforms to recent statutory changes that (a) allow the lead agency to consult directly with any person before preparing a draft EIR, (b) require the lead agency to consider any comments it receives, but (c) provide that this consideration need not take place at any particular time. The section identifies the benefits of this early consultation with the public and declares that this consultation shall be called scoping. 14 Cal. Admin. Code Section 15083. -5- Response to Notice of Preparation: A new provision specifies that if the responsible agency fails to respond to a notice of preparation within the 45-day time limit the lead agency may assume that the responsible agency has no response to make at all. 14 Cal. Admin. Code Section 15082. Preparing Draft EIR: A new section brings together a number of requirements that apply to preparing a draft EIR. Previously there was no section explaining the process for preparing a draft EIR. 14 Cal. Admin. Code Section 15084. Evaluation and Response to Comments: Previously the guidelines provided that the response to comments on a draft EIR could take the form of a revision to the draft EIR or could be a separate section in the final EIR. An amendment provides that where the response to comments makes important changes in the information contained in the text of the draft EIR, the lead agency should either revise the text of the draft EIR or include marginal notes showing that the information has been revised in response to comments. 14 Cal. Admin. Code Section 15088(c). Disposition of Final EIR: contain a provision explaining how a copy of the final EIR was to be provided to each responsible agency. An amendment provides that the lead agency shall require the applicant to provide a copy of the certified, final EIR to each responsible agency. 14 Cal. Admin. Code Section 15095(d). Previously the guidelines did not Housing Projects: New sections provide that with respect to a project which includes housing development, the public agency shall not reduck the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that would provide a comparable level of mitigation. 14 Cal. Admin. Code Sections 15041(c), 15092(c), and 15096(g) (2). Article 8. Time Limits Suspension of Time Periods: Previously the guidelines required lead agencies to complete the EIR process within one year and the negative declaration process within 105 days. There was no provision for the suspension of the time periods. An amendment provides that an unreasonable delay by an applicant in meeting requests by ths lead agency necessary for the preparation of a negative declaration or an EIR shall suspend the running of the time period. Alternatively in response to a delay, the lead agency may disapprove the project but allow the applicant to refi1.e and restart the process at the point the application had reached when the project was disapproved. 14 Cal. Admin. Code Section 15109. Short Time Periods: For projects with short time periods for approval, the previous guidelines allowed the short permit time period to be suspended until the CEQA process had been completed. An amendment provides that the lead agency may suspend the permit time period until the CEQA process has gone far enough that it may be completed within the short time period. 14 Cal. Admin. Code Section 15111(a) 22 -6- Article 9. Contents of Environmental Impact Reports Significant Environmental Effects: The discussion of environmental effects in an EIR is now required to label effects as being significant. Under previous provisions EIRs were required to discuss the significant effects of a project but there was no requirement to identify the effects as significant. 14 Cal. Admin. Code Section 15126(a). Additionally, an EIR is now required to analyze significant effects on people dram into the project area and exposed to environmental hazards in that location. The previous guidelines contained little explanation of how to deal with the environmental effects of changes in future conditions that would result from the project. 14 Cal. Admin. Code Section 15126(a). Alternatives to the Proposed Action: An amendment adds a "rule of reason" to govern the identification and analysis of alternatives in an EIR. 14 Cal. Admin. Code Section 15126(d)(5). Cumulative Impacts: In the discussion of cumulative impacts, the reference to other projects in the area can now be satisfied either by a listing of past, present, and future projects in the area or by a summary of projections contained in an adopted general plan or other planning document. Previously the guidelines required the listing of projects with no alternative approach. 14 Ca:. Admin. Code Section 15130. Article 10. Considerations in Preparing EIRs and Negative Declarations Tiering: The tiering concept has been expanded to drop the requirement for EIRs on later specific projects to discuss the broad general effects of the project if those broad effects have been analyzed in an earlier EIR on a general plan or zoning change. Previously the discussion of tiering allowed a summary of the broad effects to be included in the later EIR but did not exempt the later EIR from including those effects. 14 Cal. Admin. Code Section 15152. Use of an EIR from an Earlier Project: 4n amendment specifies minimum requirements for the contents of a notice when an agency proposes to use an EIR prepared for an earlier project. 14 Cal. Admin. Code Section 15153. Addendum to an EIR: A new section allows use of an addendum to an EIR without additional public review when only minor technical changes are made in an EIR. 14 Cal. Admin. Code Section 15164. Article 12. Special Situations Redevelopment Projects: Previously the guidelines provided that all activities pursuant to an adopted redevelopment plan constituted a single project. An amendment provides that an EIR on a redevelopment plan shall be treated as a program EIR. 14 Cal. Admin. Code Section 15180. c - 7- Residential Projects Consistent with a Community Plan or Zoning: A new section identifies special requirements that apply to residential projects consistent with a community plan and zoning. 14 Cal. Admin. Code Section 15183. State-Mandated Local Projects: A new section provides that when a local agency carries out a project pursuant to an order from a certified state regulatory agency, the project shall be exempt from CEQA with regard to any significant effects analyzed in an EIR substitute document prepared by the state agency. The local agency will still ceed to comply with CEQA for any site-specific effects of the project. 14 Cal. Admin. Code Section 15154. Article 13. Review and Evaluation of EIRs and Negative Declarations Purpose of Review: A new section outlines the purposes to be served by the review of environmental documents. Previously no single section addressed this issue. 14 Cal. Admin. Code Section 15200 Focus of Review: A new section describes the focus of review of documents under CEQA and ways for public agencies to make their comments on EIRs and negative declarations most useful to the lead agency. The previous guidelines did not address this issue. 14 Cal. Admin. Code Section 15204. Article 14. Projects Also Subject to the National Environmental Policy Act (NEPA) A new article explains how to handle projects which would be subject to the National Environmental Policy Act (NEPA) as well as to CEQA. The article outlines steps to be taken in cordination with federal agencies and actions to be taken if the federal agency will not cooperate. This article expands the guidance previously provided in the guidelines. 14 Cal. Admin. Code Sections 15220-15228. Article 15. Litigation Request for Hearing: A new section prqvides that people filing lawsuits challenging projects under CEQA have 90 days after filing their petition to request a hearing. Under past provisions it was not clear whether the 90-day limitation applied to their t-e:ccst or to the hearing itself. 14 Cal. Admin. Code Section 15232. Conditional Permits: A new section provides that if a lawsuit is filed challenging the adequacy of an EIR but no injunction is granted, a responsible agency shall assume that the EIR complies with CEQA and make a decision on the permit within the required time period. The permit from a reeponsible agency in this situation will only entitle the permittee to proceed at his own risk prior to a final decision in the lawsuit. 14 Cal. Admin. Code Section 15233(b). -8- Article 19. Categorical Exemptions Surplus Government Property Sales: Changes have been made in the limitations on the categorical exemption for surplus government property sales. Previously additional scrutiny was required for surplus government property sales in areas of statewide interest or potential areas of critical concern as identified in the Governor's Environmental Goals and Policy Report. An amendment drops the use of the areas identified in the report and requires the special review only in the more limited areas where projects are subject to the requirements to have their EIRs sent to the State Clearinghouse for review by state agencies. 14 Cal. Admin. Code Section 15312. Minor Land Division and Minor Alterations in Land Use Limitations: The 20 percent slope limitation previously contained in the categorical exemptions for minor alterations in land use limitations and in minor land divisions is now described as an average slope throughout the project area. Previously these exemptions did not explain whether the 20 percent limitation was an average or a maximum allotjable figure in the project area. 14 Cal. Admin. Code Sections 15305 and 15315. Enforcement Actions by Regulatory Agencies: A new example has been added to the existing categorical exemption for enforcement actions. The example covers law enforcement activities by peace officers acting under any law that provides a criminal sanction. 14 Cal. Admin. Code Section 15321. Normal Operations of Facilities for Public Gatherings: Further explanation has been added to the existing categorical exemption for normal operations of facilities for public gatherings where there is a history of the facility being used for the same or similar kind of purpose. The term "past historyf1 is defined to mean that the same or similar kind of activity has been occurring at the facility for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. 14 Cal. Admin. Code Section 15323. Article 20. Definitions Effects: The term "effectstt has been declared to be synonymous with "impacts.'l Direct and indirect impacts are also defined. 14 Cal. Admin. Code Section 15358. Environment: Previously the term "environmentf1 was defined as the physical conditions existing within the area affected by a project, but the section did not state whether the term included both natural and manmade conditions. An amendment provides that llenvironmentll includes both natural and manmade conditions. 14 Cal. Admin. Code Section 15360. -9- Environmental Documents: The definition of the term Itenvironmental documentsll has been modified to drop reference to notices prepared under CEQA. The term now applies to documents prepared for public review, including draft and final EIRs, initial studies, negative declarations, environmental analysis documents, prepared under certified programs, and documents prepared under NEPA. 14 Cal. Admin. Code Section 15361. EIR: The definition of the term I1EIRtt has been clarified and focussed on the requirement to analyze the significant environmental effects of the project. 14 Cal. Admin. Code Section 15362. Ministerial: The definition of the term ttministerialtl has been rephrased in clearer language. The previous definition repeated language from court decisions which laymen had difficulty in understanding. 14 Cal. Admin. Code Section 15369. Private Project: The term "private projecttt is defined as a project requiring the issuance of a permit, lease, license, certificate, or other entitlement for use from one or more public agencies. This term was not defined in the previous guidelines. 14 Cal. Admin. Code Section 15377. Rare and Endangered Species: A definition of the term "rare or endangered species" has been added. This term was not defined in the previous guidelines. 14 Cal. Admin. Code Section 15380. Project: Further explanation of the term t'projecttl has been added to make the definition consistent with the lead agency principle. Where an agency can characterize the project either as a governmental action or as a private project requiring several approvals from governmental agencies, the project is a private project. 14 Cal. Admin. Code Section 15378. State Agency: The term "state agency" is defined to mean an agency in the executive branch of the state government or an entity which operates under the direction and control of an agency in the executive branch of state government and is funded primarily by the State Treasury. This term was not defined in the previous guidelines. 14 Cal. Admin. Code Section 15383. Substantial Evidence: The term "substantial evidence" has been defined to mean enough relevant information that a fair arp;ument. can - be made to support a conclusion even though other conclusions might also be reached. 14 Cal. Admin. Code Section 15384. Tiering: The definition of fltieringt* has been amended to resemble the definition of the same term under the federal NEPA regulations. 14 Cal. Admin. Code Section 15385. - Urbanized: The definition of the term lqurbanizedtv has been expanded. Under the previous definition the term was limited to areas mapped as urbanized by the U.S. Bureau of the Census. An amendment includes other areas found by lead agencies to meet the criteria used by the U.S. Bureau of the Census in preparing its old maps. 14 Cal. Admin. Code Section 15387. -10- Appendices Archaeological Impacts: A new appendix has been added explaining how lead agencies should handle the analysis and mitigation of archaeological impacts. 14 Cal. Admin. Code Appendix K. -, *. .- SUMMARY. OF ORDINANCE NO. 9712 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 19 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OT CHAPTER 19.04 TO REVISE THE CITY'S ENVIRONMENTAL PROTECTION PROCEDURES. Presently the Municipal Code contains extensive regulations regarding environmental protection procedures. The State Resources Agency has developed revised CEQA guidelines, and all public agencies, including cities, are required to bring their local environmental procedures in to conformity with those guidelines. Ordinance No. 9712 incorporates the State CEQA Guidelines by reference and retains the portions of the ordinance relating to processing and procedures. The provisions relate to the following: Title Purpose State Guidelines Incorporated by Reference General Prohibition Application Determination of Exception and Exemption Notice of Exemption Initial Study Lead Agency Prior Compliance Preparation of Environmental Impact Report Final Environmental Impact Report Planning Commission Hearing Consol idat ion Standard of Review Required Findings - Mitigation Measures Requests for Environmental Documents Retention of Public Comments Cost of Reports - Fee Schedule Mailing of Notice on Request - Clerk Mailing of Notice on Request - Land Use Planning Manager Land Use Planning Manager - Representative Guide1 ines Ordinance No. 9712 will be considered for adoption by the Carlsbad City Council at its regular meeting of March 6, 1984. Because of the length of this ordinance, this summary is being published instead of the full text pursuant to Government Code Section 36933(c). A certified copy of the full text of Ordinance No. 9712 is posted in the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California. Copies are available from the City Clerk.