HomeMy WebLinkAbout1995-03-21; City Council; 13067; AMENDMENTS TO CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE - MCA 94-01-L
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DEPT. PI N w MUNICIPAL CODE - MCA 94-01
s AMENDMENTS TO CHAPTER 19.04 OF THE CARLSBAD
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GI. m WF GAHLSUAU - n Aut BILL .c '
RECOMMENDED ACTION:
If Council concurs, ADOPT Resolution No. 9f-'* APPROVING the Negative Declaration, E
INTRODUCE Ordinance No. AIS -28s APPROVING MCA 94-01.
ITEM EXPLANATION
On December 21, 1994, the Planning Commission received and reviewed staffs informatio
report on the proposed amendments to Chapter 19.04 of the Carlsbad Municipal Code.
Chapter 19.04 ("Environmental Protection Procedures") of the Carlsbad Municipal Code provic
for the enhancement and protection of the physical environment within the City of Carlsbad.
accomplish this, the chapter establishes principles, objectives, criteria, definitions, i
procedures for the evaluation of the environmental impacts created by public and pri\
development projects. Chapter 19.04 implements the California Environmental Quality
(CEQA) and the state guidelines prepared by the State Office of Planning and Research. It z
establishes requirements for the preparation and evaluation of environmental documents SI
as Environmental Impact Reports, and delineate the Crty's responsibility for protecting
physical environment.
CEQA has been amended several times by the state Legislature since the last update of Chal
19.04 was approved by the City Council in June 1991. MCA 94-01 would bring
"Environmental Protection Procedures" into compliance with the amended state law. In addi
to the update of the ordinance, Chapter 19.04 has been amended to claii some of
language for increased readability, and several of the existing procedures have been revise(
more effectively implement CEQA.
ENVIRONMENTAL REVIEW
The Planning Director has determined that no significant adverse environmental impacts w(
result from these amendments to Chapter 19.04, and has issued a Negative Declaratior
September 12, 1994. The changes to the Ci's Environmental Protection Procedures w(
ensure that CEQA is being implemented more effectively and thus providing bt
environmental review of public and private projects. More effective environmental re\
translates into increased protection of the City's environmental resources.
FISCAL IMPACT
There will be no fiscal impacts from the adoption and implementation of the propa
amendments to Chapter 19.04.
EXHIBITS
1.
3.
4.
City Council No. Resolution 9 5= @'
Planning Commission InformfEal Report, dated December 21, 1994
Excerpts of Planning Commission Minutes, dated December 21, 1994.
2. City Council Ordinance No. d 3as
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RESOLUTION NO. 95-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A NEGATIVE
DECLARATION FOR A MUNICIPAL CODE AMENDMENT TO AMEND VARIOUS SECTIONS OF CHAFTER 19.04 OF THf
CARLSBAD MUNICIPAL, CODE TO BRING THE CHAPTER INTC
CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAI
QUALITY ACT AND STATE CEQA GUIDELINES.
CASE NAME TITLE 19 UPDATE
CASE NO: MCA 94-01
WHEREAS, a Negative Declaration was issued on September 12, 199'
Planning Director. The City Council is satisfied that the amendment is in full complia
the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, as follows:
1.
2.
That the above rechadons are true and correct.
The amendment will not cause any significant environmental impacts, ens
the California Environmental Quality Act and the state guidelines will be more ej
implemented, and therefore, will provide enhanced environmental review of public ant
projects. More effective review of projects helps ensure the protection of th
environmental resources.
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PASSED, APPROVED, AND ADOFTED at a Regular Meeting of tl
Council of the City of Carlsbad, California, on the 2 1 st day of MARCH, 1995, by the fc
vote, to wit:
AYES:
NOES: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Ha
ABSENT: None
ATTEST:
ALETHA L.
(SEAL)
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NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Citywide - City of Carlsbad
2075 Las Palmas Drive
Carisbad, CA 92009, County of San Diego
PROJECT DESCRIPTION: Amendment of Title 19 of the Carlsbad Municipal Code to
bring the ordinance into compliance with changes to the
California Environmental Quality Act.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a
Conditional Negative Declaration (declaration that the project will not have a significant impact
on the environment) is hereby issued for the subject project. Justification for this action is on file
in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Planning Department within 30 days of
at (619) 438-1 161, extension 4455.
date of issuance, If you have any questions, please call Jeff Gibson in the Planning Department
*
DATED: SEFTEMBER 12, 1994 *mo-
MICHAEL J. MLZMHLER
CASE NO: MCA 94-01 Planning Director
CASE NAME: TITLE 19 UPDATE
PUBLISH DATE: SEPTEMBER 12, 1994
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2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161
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ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. w
DATE; August 3
BACKGROUND
1. CASE NAME: Title 19 UDdate
2. APPLICANT: City of Carlsbad
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drive
,,
Carlsbad. CA 92009
(619) 438-1 161
4. DATE EIA FORM PART I SUBMITTED: N/A
5. PROJECT DESCRIPTION: Amendment of Title 19 of the Carlsbad Municipal Code to br
Ordinance into compliance with CEOA.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Enviroi
Impact Assessment to determine if a project may have a significant effect on the environment. The Enviroi
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any F
biological and human factors that might be impacted by the proposed project and provides the City with info
to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declarat
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project o
its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to
this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
may cause a significant effect on the environment. The project may qualify for a Negative Declaration h
if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findi
shown in the checklist under the headings "YES-sig" and "YES-insig" respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the forn
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to di
mitigation for impacts which would otherwise be determined significant.
e e
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
rslg) (lnslg)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards? x
unique physical features? - 2. Appreciably change the topography or any X
3. Result in or be affected by erosion of soils
either on or off the site? X -
4. Result in changes in the depositionof beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
X any bay, inlet or lake? - -
ambient Ar quality? x
movement, odor, moisture, or temperature?
water (marine, fresh or flood waters)?
water, ground water or public water supply?
depletion of any natural resources? - -
10. Use substantial amounts of fuel or energy? - -
5. Result in substantial adverse effects on
6. Result in substantial changes in air X
7. Substantially change the course or flow of X
8. Affect the quantity or quality of surface X -
9. Substantially increase usage or cause
X
X
11. Alter a significant archeological,
paleontological or historical site,
. structure or object? X
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BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(si9 (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic X plants)? - -
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of X existing species? -
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance? - - x
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects? - X
16. Introduce new species of animals into an
area, or result in a barrier to the X migration or movement of animals? -
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(si& (insig)
17. Alter the present or planned land use
of an area? - X
18. Substantially affect public utilities,
schools, police, fire, emergency or other x public services? -
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HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
bg) (In%)
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control sys tems? X
20. Increase existing noise levels? X
21. Produce new light or glare? X
22. Involve a significant risk of an explosion
(including, but not limited to, oil,
or the release of hazardous substances
pesticides, chemicals or radiation)? -
human population of an area?
for additional housing? -,
X
23. Substantially alter the density of the
X -
24. Affect existing housing, or create a demand
X
25. Generate substantial additional traffic? x
26. Affect existing parking facilities, or
X create a large demand for new parking? - -
27. Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods? x
28. Alter waterborne, rail or air traffic? X
29. Increase traffic hazards to motor
X vehicles, bicyclists or pedestrians? - -
emergency evacuation plans? X
aesthetically offensive public view? x
existing recreational opportunities? X
30. Interfere with emergency response plans or
3 1. Obstruct any scenic vista or create an
32. Affect the quality or quantity of
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MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
big) (insig)
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
I
X of California history or prehistory. -
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
X endure well into the future.) - -
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.) X
36. Does the project have environmental
effects which will cause substantial
adverse effects on human- beings,
either directly or indirectly? X
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DISCUSSION OF ENVIRONMENTAL EVALUATION
Title 19 of the Carlsbad Municipal Code provides for the enhancement and protection of the physical envirc
within the City of Carlsbad. The Environmental Protection Procedures establish principles, objectives, (
definitions, and procedures for the evaluation of the environmental impacts created by public and
development projects. Title 19 implements the California Environmental Protection Act (CEQA) and tk
guidelines prepared by the State Office of Planning and Research. The Environmental Protection Procedure
19) establish requirements for the preparation and evaluation of environmental documents such as Environ
Impact Reports. They also delineate the City's responsibility 'for protecting the physical environment.
CEQA has been amended by the state Legislature since the last update of Title 19 was approved by the City (
in June 1991. This update of Title 19 would bring the Environmental Protection Procedures into complian
new state law. In addition to the update, Title 19 has been amended to clarify some of the wording, and
of the existing procedures have been revised to more effectively implement 'I'itlc 1'3 and CEQA.
The creation or amendment of an ordinance that, in some way, regulates physical land use development
future potential to allow a physical development project that could adversely impact the environment, howev
future development project processed pursuant to these amended environmental procedures would be reqi
adequately mitigate adverse environmental impacts. The proposed amendment of Title 19 ensures complian
CEQA and the changes will not result in direct or indirect significant adverse physical impacts to the envirc
In this instance, the changes to the City's Environmental Protection Procedures would ensure that CEQA I
implemented more effectively. These amendments provide for improved environmental review of public and
projects. More effective environmental review translates in to increased protection of the City's enviror
resources.
Due to the nature of the proposed action, a discussion of physical, biological, and human impacts referred to
checklist or a discussion of project alternatives is not applicable or appropriate. The amendment of Title
not result in or contribute to direct or indirect significant adverse environmental impacts, therefore, there
environmental issues to discuss.
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROlECT SL'CH AS:
a) Phased development of the project,
6) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now, 9 alternate sites for the proposed project, and
g) no project alternative.
N/A
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sheet have been added to the project. A Conditional Negative Declaration will be proposed. I
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APPLICANT CONCURRENCE WITH MITIGATING MEASURES
’ THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURE
I AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
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ORDINANCE NO. NS - 3 0 5
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
SECTIONS 19.04.030( a), 19.04.040( b), 19.04.05 0,
19.04.o60(a),@),(e),(f), 19.04.070, 19.04.080(a), 19.04.090(a),
19.04.100( a),(b),(e),(f), 19.04.1 10, 19.04.120, 19.04.130,
19.04.140, 19.04.160,19.04.170, 19.04.190,19.04.210,19.04.220,
19.04.260(a), 19.04.28O(a),(b), 19.04.290, 19.04.350, 19.04.360, 19.04.370 TO BRING THE CHAPTER INTO
CONFORMANCE WITH THE CALIFORMA ENVIRONMENTAL QUALITY ACT AND THE STATE
CEQA GUIDELINES. CASE NAME: TITLE 19 UPDATE
CASE NO: MCA 94-01
WHEREAS, that the proposed code amendment to Title 19 of the C
Municipal Code is consistent with CEQA and the state guidelines and will ensure e
implementation of Title 19.
WHEREAS, that the proposed code amendment to Title 19 is consistc
the City’s General Plan by ensuring proper and adequate environmental review of pu
private projects that may affect the City’s physical environment and natural resoui
WHEREAS, that the proposed code amendment to Title 19 will not cz
significant environmental impacts since the changes are designed to more efl
implement existing state environmental law, as described in the Negative Dec
completed by the Planning Director on September 12, 1994.
The City Council of the City of Carlsbad, California does ordain as
SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.030(a) to read as follows:
“(a) The state CEQA guidelines contained in Chapter 3, Division 6, of the California Code of Regulations, and as amended from time to time, are adc
reference as the environmental review regulations for the city except for changes, ac
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deletions, amendments or supplements contained in this chapter which shall supem
provision of said guidelines.” ,
SECTION 2 That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.040(b) to read as follows:
“(b) No permit, license, approval or other entitlement shall be given.
project or for any items listed in Section 19.04.050 nor shall any project be underta
the city until the requirements of this chapter have been fulfilled.”
SECTION 3: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment to Section 19.04.050 to read as follows:
by the city and to all permits, licenses, approval or other entitlements for any following, provided that they are not otherwise exempted:
“(a) This chapter shall apply to all projects in the city undertaken or I
(1) Zone change and zone code amendments;
(2) Variances;
. (3) Master plans, specific plans or precise development plans, or amendments tl
(4) Residential and non-residential planned development permits;
(5) Conditional or special use permits;
(6) Redevelopment permits;
(7) Parcel maps;
(8) Tentative subdivision maps; (9) Grading, excavation, fill and dredging pern
(10) Site development plans;
(11) Adoption or amendment of a general plan or element thereof; (12) Condominium permits;
(13) Any other private activity which requires a city entitlement which would 1
(14) Any project where the city or its staff exercises deliberation or judgmenl
(15) Planned industrial permitq
(16) Hillside development permits;
(17) Coastal development permits;
(18) Local coastal plan amendments.”
adverse significant effect on the environment;
approval process;
(b) ““Project” means an activity which may cause either a direct change in the environment, or a reasonable foreseeable indirect physical changc
environment .”
SECTION 4: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment to Section 19.04.060(a), (b), (e), and (f) to read as
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“(a) City Council. Unless the planning commission is the final decision-n
body authorized by subsection (e) of this section to hold a public hearing on and ce
final environmental impact report, it shall be the responsibility of the city council:
(1) To hold a public hearing on every environmental impact report and on every 1
the environmental review for which is conducted pursuant to Section 21080 of thc
Public Resources Code:”
“(b) Planning Director. The planning director is responsible for the g administration and implementation of this chapter. Whenever any notices, rep
documents are required or permitted to be filed the planning director shall be resp
for such filing unless otherwise provided in this title. Whenever this chapter or
requires the city to make a determination or do an act and the person or body to m;
determination or do the act is not specified then the planning director shall hay
responsibility, subject to appeal to the planning commission and city council. The pl
director shall be responsible for the preparation of any environmental impact
negative declaration, mitigated negative declaration, or other related environ
documents required by this chapter. The director may require an applicant for
entitlement for any private project to submit data and information which may be ne
to determine whether the proposed project may have a significant effect on the envirc
or to prepare any environmental impact report or negative declaration. Such da
information may include the preparation of a preliminary environmental impact re
of the report. The director may also require the applicant to pay the cost of
consultant hired to prepare an environmental impact report. The director may 1
determined to be necessary to carry out these responsibilities.”
any part thereof: provided, however, that the city shall remain responsible for the c1
assistance from any city department, other governmental entities and the pu
“(e) Planning commission. It is the responsibility of the planning corn
(1) To hold a public hearing on every environmental impact report and on every
the environmental review for which is conducted pursuant to Section 21080 of th
Public Resources Code;
(2) To complete the final environmental impact report in compliance with CEQA, tl
guidelines and this title;
(3) For projects for which it or any city official is the final decision-making body
for the possibility of appeal, to certify that the environmental impact report is COI]
pursuant to CEQA, the state guidelines and this title;
(4) For projects for which the city council is the final decision-making body, to fom final environmental impact report to the council for certification;
(5) For projects requiring an environmental impact report., negative declarat
mitigated negative declaration, to make the iinding of whether or not a proposed
will have a significant effect on the environment.”
“(f) Decision-making Body. The decision-making body or admini
official having final approval authority over the project shall certify that such dc
making body or administrative official has reviewed and considered the informatioi
EIR prior to approving the project or if no EIR was prepared, that the projc
processed in compliance with this code. The decision-making body shall also app
disapprove mitigated negative declarations and negative declarations prior to or corn
with consideration of the project.”
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SECTION 5: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.070 to read as follows:
“(a) The planning director shall determine whether a private projea
than a ministerial project, is exempted from the requirements of this chapter. The p
director shall also determine whether a private project is excepted from the exemp
the state CEQA guidelines or this title. The applicant will be notified in writing
planning director’s determination and may appeal the determination as provided in
19.04.080. A list of the planning director’s determinations made according to this
shall be posted weekly for five business days on a bulletin board located in a public
of the land use planning office.
(b) For ministerial projects and projects proposed by the city, the dep;
whether the project is exempted from the requirements of this chapter or excepted fi
exemptions of the state CEQA guidelines or this title, or shall refer the project
planning director for a determination. The applicant, if any, will be notified by WI
head with the responsibility for approving or carrying out the project shall del
the determination made according to this section and may appeal the determinz
provided in Section 19.04.080.
(c) The planning director, or other appropriate department hea
determine notwithstanding the fact that a project may be within an exemption, thai
have an adverse significant effect on the environment for such reasons as scope or,
the activity, the cumulative impact of successive projects of the same type and in tk
area, proximity to the beach, proximity to a lagoon, proximity to a floodplain, prox
an environmental resource of hazardous or critical concern, or any other reason P
the judgment of the planning director or other appropriate department head may
a matter of the environment. If a determination is made that the project is except(
the exemptions of the state CEQA guidelines and this chapter, the notice of exempti
not be issued and the project shall be processed in accordance with this chapter.
The planning director shall establish a specific list of proje
activities which fall within the categorical exemption classes of the state CEQA gui
The planning director shall also establish a specific list of actions and activities 1
classified and defined as ministerial projects.”
(d)
SECTION 6: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.080(a) to read as follows:
“(a) The determinations made according to Section 19.04.070 are fina
appealed to the planning Commission. Appeals shall be filed in writing with the 1
director within ten calendar days of delivey of the written notification to the appl
within ten calendar days of the expiration of the period for posting, whichever timc
is least restrictive. For the purpose of this section if written notification is mailed,
shall be the date of mailing.”
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SECTION 7 That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.090(a) to read as follows:
“(a) When a project qualifies for an exemption and the city apprc
determines to cany out the project, the planning director, or other appropriate depa
head, may file a notice of exemption with the county clerk. Such notice shall inc
description of the project, the location and the finding that the project is wit
exemption and a brief statement of the reasons for the finding. These notices may t
weekly. The notice of exemption shall constitute an endorsement of compliance
project.”
SECTION 8: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.100(a), (b), (e), and (f) to read as f
“(a) If the project is not categorically exempt, the planning directc
conduct an initial study to determine if the project may have a significant effect
shall submit to the director a completed environmental impact assessment form as
to determine the appropriate level of environmental review.”
“(b) The planning director with assistance from city departments, or
appropriate, shall review each project for which an initial study form has been file(
director shall evaluate all information regarding the project and shall determine whe
not the project as proposed may involve a significant impact on the environment.”
“(e) If identified significant effects on the environment can be mitig
that the project will have no significant effect on the environment, the director
imposition of appropriate project conditions, agreements, or other measures, includ not limited to revision or redesign of the project,.require the mitigation of these eff mitigated negative declaration may then be issued for the project provided, howev
no step or element of the project which may have a significant effect on the envirc
may be implemented or carried out unless the conditions intended to mitigate tha
have been implemented or assurances have been provided that the condition will be
out and enforced.” “(9 The applicant shall be given written notice of the planning di
determination under this section. Such notification may be given either by personal (
or first class mail. The applicant may appeal the directors’s determination to the p
commission within ten calendar days after either the personal delivery or mailing
notice. The hearing shall be processed according to the procedures established in
19.04.080 for hearing on determinations of exceptions.”
environment. The responsible city department or a private applicant for a city entil
\
SECTION 9: That Title 19, Chapter 19.04 of the Carlsbad Municipi
is amended by the amendment of Section 19.04.110 to read as follows:
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“Prior to determining whether a mitigated negative declaration, n
declaration or environmental impact report is necessary for a project, the planning c
shall consult with responsible agencies. This consultation may be quick and inform
SECTION 10; That Title 19, Chapter 19.04 of the Carlsbad Municipi
is amended by the amendment of Section 19.04.120 to read as follows:
“(a) In order to ensure adequate public participation in the enviror
review process, public notice of the preparation of mitigated negative declarations, n
declarations and environmental impact reports may be given prior to the cornpieti01
declaration or draft of the environmental impact report. The planning directc
establish guidelines for determining those projects which may require public nc
preparation. The planning director shall determine when such notice shall be given.
of preparation may be given by publishing once in a newspaper of general circulatioi
area where the project is located and mailing to all persons who have previously re(
such notice. All notices of preparation shall be posted on a bulletin board in the portion of community development, and shall be sent to the county clerk to be pos a period of at least 30 days, except notices for negative declarations, and mitigated n
declarations shall be posted for at least 20 days. The notice shall be given in the 1
other notices.
or draft environmental impact report the planning director may consult directly M
person or organization he believes will be concerned with the environmental effea
project.”
specified in Section 21092 of the Public Resources Code. This notice is addition2
(b) Prior to completing a mitigated negative declaration, negative decl
SECTION 11: That Title 19, Chapter 19.04 of the Carlsbad Munidpe
is amended by the amendment of Section 19.04.130 to read as follows:
“(a) The planning director shall prepare a mitigated negative declara
negative declaration when he finds after the required inquiry that the project quali
a negative declaration under the provisions of this chapter. The declaration shall
a statement stipulating that comments on the environmental document from the pu’
encouraged.
(b) The public review period for a mitigated negative declaration, or n
declaration shall be given in the manner specified in Section 21091(b), 21092, and !
of the public resources code. Notice shall also be given to all organizations and indi
who have previously requested such notice within the previous year.
(c) The planning director shall complete the mitigated negative declare
negative declaration within 105 days after the date when the planning director amp
private development application as complete for processing per the State CEQA guic
The planning director may extend this time limitation for a reasonable period of
compelling circumstances justib additional time and the project applicant consent!
extension.”
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SECTION 12 That Title 19, Chapter 19-04 of the Carlsbad Municipe
is amended by the amendment of Section 19.04.140 to read as follows:
“If the decision-making body has the authority under this code to
approve or deny a project, the decision to approve, conditionally approve or disapl
mitigated negative declaration or a negative declaration is final unless (1) any intl
party files an appeal to the city council of the project as provided by this code for i
of projects, or (2) any interested party appeals to the city council of the negative decl
in writing filed with the city clerk within ten days of the decision-making body’s appi
the negative declaration. A fee established according to this title shall be paid to
clerk at the time of filing the appeal. If an appeal is of the project, notice shall be g
provided in this code for appeals of the project. If the appeal is of the negative decl
alone, the clerk shall give a notice of hearing in the manner specified in Section 2
the Public Resources Code not later than ten days prior to the hearing. Such notic
also be mailed to the applicant and the appellant. The city council shall hear the app
project shall be deemed an appeal of the decision on the negative declaration as ‘H
may approve, modify or disapprove the decision of the decision-making body. The d
of the city council is final. For the purpose of this section, appeal of the decision
SECITON 13: That Title 19, Chapter 19.04 of the Carlsbad Municipz
is amended by the amendment of Section 19.04.160 to read as follows:
“(a) No negative declaration, mitigated negative declaration, or environ
neighborhood commercial facilities in an urbanized area if the Planning Director a
(b) If the planning director determines that an environmental impact
impact report is required for any project involving the construction of hou!
with 21080.7 of the Public Resources Code.
negative declaration, or mitigated negative declaration has been certified or appro
a project in connection with some previously issued entitlement for such project, the c
may issue a notice of determination without further processing pursuant to this chapt
if a subsequent initial study establishes, per the state CEQA guidelines, that th
environmental document is sufficient for the present project and additional sigr environmental impacts will not occur.
(c) The public review period for prior compliance shall be given manner specified in Section 21091(b), 21092, and 91092.3 of the
resources code.”
SECTION 14: That Title 19, Chapter 19.04 of the Carlsbad Municipz
is amended by the amendment of Section 19.04.170 to read as follows:
“(a) Environmental impact reports shall be prepared by the planning (
and submit a preliminary environmental impact report to the director. The p director may require the applicant to submit, to a reasonable extent, additional info]
for all city projects. The applicant for city entitlement for any private project may 1
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necessary for a full and complete report. He may call for assistance from
departments, other governmental entities and the public as he determines necesai
full and complete report, The planning director may, with the approval of the city t enter into a contract with private consultants for the preparation of a draft environ
impact report. The cost for such consultants shall be paid by the applicant. The cor
shall not be an employee or affiliate of the applicant.
(b) The final decision-making authority shall certify the final EIR wit1
year after the date when the planning director accepted the private development app
as complete for processing per the state CEQA guidelines. The planning direct
. extend this time limitation for a reasonable period of time if compelling circumstance
additional time and the project applicant consents to the extension.”
SECTION 15: That Title 19, Chapter 19-04 of the Carlsbad Municipi
is amended by the amendment of Section 19.04.190 to read as follows:
“As soon as a draft of the environmental impact report is comple
planning director shall file a notice of completion with the secretary for the re
agency. At the same time the notice of completion shall be posted on the bulleti
located in the public portion of community development. Notice shall be given by
one of the following procedures:
(1) Publication once in a newspaper of general circulation in the area affected
proposed project. If more than one area will be affected, the notice shall be publi
the newspaper of largest circulation from among the newspapers of general circul:
those areas;
(2) Posting on and off site in the area where the project is located;
(3) Direct mailing to owners of property as shown on the latest equalized assessml within a radius of three hundred feet of the proposed project.
In addition notice shall be given in the same manner to all organhatit
individuals who have previously requested such notice.
The planning director may require any additional notice deemed neces
the project and shall assess the cost to the applicant. The notice required by this
required for the project. This shall not relieve the planning director from the oblig
may be given in the same manner and at the same time as the public notice ot
post the notice on the bulletin board and send the notice to organizations and
previously requesting such notice.”
I
SECTION 16: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.210 to read as follows:
‘The environmental impact report shall be forwarded to the planning c
who shall set the matter for public hearing by the planning commission. Notict
If the hearings on the environmental impact report will be cons4
public hearing shall be given as provided in Section 21.54.060(1) of this code.
according to this chapter with public hearings on other approvals on the project, th
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required by this section may be given in the same manner and at the same time as
comments on the report, and may refer it back to staff for further investigation, infor
and analysis, and for the inclusion of additional material if they determine such
necessary for a full and complete report. The planning director shall supplement the
if any significant points are raised at the hearing which have not been covered in the 1
For projects for which the planning commission or any city official is tl decision-making body, except for the possibility of appeal, if the commission finds t
report has been completed in compliance with CEQA the state guidelines and this (
it shall be by resolutions so certified. For all other projects, the commission shall f
the final environmental impact report to the city council with a recommendatioi
whether or not the report has been completed in compliance with all apF
requirements.”
notice otherwise required for the project. At the hearing, the commission shall hei
SECr’ION 17 That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.220 to read as follows:
“Upon receipt of the planning commission’s recommendation, the cil
shall set the report for public hearing before the city council. Notice shall be giver manner specified in Section 19.04.210 at least ten days prior to the hearing dr
certification of the environmental impact report is consolidated with other approvals
project, notice of the hearing on the EIR may be given in the manner provided
project. The council shall hold a public hearing on the environmental impact rep
public shall be received. The council may refer the report back to staff for
investigation, information, analysis and for the inclusion of additional material as c
necessary for a full and complete report. The report shall be supplemented to inch
significant points raised at the hearing and not covered in the report. If the counc
that the report has been completed in compliance with the California Environmental
the hearing the staff report, planning commission recommendation and comments f~
Act, the state guidelines and this chapter, they shall, by motion, so certify.”
SECHON 18: That Title 19, Chapter 19.04 of the Carlsbad Municipi
is amended by the amendment of Section 19.04.260(a) to read as follows:
“(a) If the environmental impact report for a project identifies one c
significant effects the project shall not be approved or carried out unless the decision-
body makes one or more of the following written findings or statements for each sig
effect. A statement of facts supporting each finding shall also be made.
(1) Changes or alterations have been required in, or incorporated into, the proj
which mitigate or avoid the significant environmental effects as identified in the E
(2) Changes or alterations are within the responsibility or jurisdiction of anothei
agency and have been, or can be, adopted by that agency.
(3) Specific economic, legal, social, technological, or other considerations, in
considerations for the provision of employment opportunities for highly trained P
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make infeasible the mitigation measures or project alternatives identified
environmental impact reprt.”
SECTION 19: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.280(a) and (b) to read as follows:
“(a) Within five working days after the decision-making body appr‘
determines to carry out a project or grants a requested entitlement for which a n
declaration, mitigated negative declaration, or environmental impact report ha
prepared the planning director shall file a notice of determination with the coun?
For projects consisting of or including the adoption of an ordinance the no
determination shall be sent within five working days after the second reading
ordinance by the city council.”
“(b) When a notice of determination is returned by the county clerk a
required posting period the planning director may make the notice a part of the pro.
or may forward the notice to the appropriate custodian of the project file for place]
the file. The city shall retain the notice for not less than nine months.”
SECTION 20: That Title 19, Chapter 19.04 of the Carlsbad Municip:
is amended by the amendment of Section 19.04.290 to read as follows:
“When a lead agency submits an environmental impact report to the
comment, it shall be referred to the planning director. The planning director is resp
for reviewing the report, preparing appropriate comments and forwarding a~
comments to the lead agency within the indicated time limits. The director may cons
and obtain input from any person with knowledge or expertise regarding the matte
part of the review, the director shall focus on the sufficiency of the environmental
report in discussing possible impacts upon the environment, ways in which
significant effects might be mitigated, and alternatives to the project, in light of thi
of the California Environmental Quality Act to provide decisionmakers with
information about such factors.”
SECllON 21: That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.350 to read as follows:
““Planning director,” as used in this chapter means the planning directc
city or the director’s designated representative. The city manager may appn
designation of a private consultant hired by the city to,act for the planning direct
particular project.”
SECTION 22 That Title 19, Chapter 19.04 of the Carlsbad Municip
is amended by the amendment of Section 19.04.360 to read as follows:
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The city council shall adopt by resolution guidelines to aid
implementation of this title. These guidelines shall include, but are not limi
guidelines for preparation of draft and final EIRs, a form which will solicit su
information to allow the planning director to determhe if a project may have a si@
effect on the environment, and guidelines for mandatory findings of significant effc
SECTION 23: That Title 19, Chapter 19.04 of the Carlsbad Municipa
is amended by the amendment of Section 19.04.370 to read as follows:
“If the procedure for notice of any other public hearings required chapter is not specified, then the notice shall be given as provided in Section 21.54
of this code.”
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EFFECTIVE DATE: This ordinance shall be effective thirty days a
adoption, and the City Clerk shall certie to the adoption of this ordinance and caur
be published at least once in the Carlsbad Journal within fifteen days after its ado1
INTRODUCED AND FIRST READ at a regular meeting of the Ci
City Council on the day of , 1994, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council
City of Carlsbad on the day of s 1994, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAzN:
<
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL
City Attorney
CLAUDE A. LEWIS, Mayor
ATESF
ALETHA L. RAUTENKRANZ, City Clerk
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@ INF'ORMATION ITEM
DATE! DECEMBER 21,1994
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: MCA 94-01 - TITLE 19 UPDATE - Amendment to Title 19 of the Carlsbad
Municipal Code to bring the City's Environmental Protection Procedures into
compliance with legislative changes in the California Environmental Quality
Ad.
I. RECOMMENDATION
~
W e MCA 94-01
,I
TITLE 19 UPDATE DECEMBER 21,1994 PAGE 2
In. ANALYSIS I
1) Is Title 19 consistent with CEQA and the state guidelines that implement CEQA?
DISCUSSION
Title 19 has been amended to reflect new requirements and changes in state law as
summarized below:
1) The adopted reference to the CEQA guidelines has been changed to reflect the correct chapter and division of the California Code of Regulations;
The applicability of Title 19 has been amended to list all of the City’s
discretionary land use actions that are subject to the ordinance.
Reference to Mitigated Negative Declarations has been added to Title 19.
The state guidelines have been changed to now include a definition of a
2)
3)
I Mitigated Negative Declaration.
4) The Planning Director would be required by Title 19 to establish a specific list
of the state guidelines, along with those activities defined as ministerial and not subject to CEQA. Categorical exemptions are those activities or projects
that are also not subject to the requirements of CEQA. Ministerial projects
are defined as those projects not requiring independent judgement or
family home is required it is considered a ministerial action or permit,
therefore, exempt from CEQA.
A new public notice requirement would be added to Title 19. It states that
prior to approval of any environmental documents by the appropriate local decision-maker, a public notice of the hearing date, with a description of the
project and its environmental impacts, must be sent to the county clerk for
I of projects and activities which fall within the various categorical exemptions
~
I discretion by the City. For example, when only a building permit for a single-
I
5)
posting.
6) The Planning Director would be required to process negative declarations and
environmental impact reports (EIR) by a designated time, with the authority
to extend those mandated time limits for extenuating circumstances.
The Prior Compliance Section of Title 19 would be amended to require the
preparation of an Initial Study. The Initial study must show that the prior
environmental document is sufficient for the project or activity being
I
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0 0 MCA 94-01
TITLE 19 UPDATE
DECEMBER 21, 1994
PAGE 3
considered for approval, and that additional significant environmental impacts
will not occur.
In addition, this section now refers to the CEQA provision that a negative
declaration or an EIR is not required for housing and neighborhood
commercial facilities if the project is within the scope of a specific plan
reviewed under an EIR.
The remaining amendments to Title 19 fall into the category of housekeeping type changes.
These changes add to or clarib existing procedures, such as how required noticing is
publicized in the newspaper, and who receives special notice. These types of changes ensure
that Title 19 is more effectively implemented.
lv. ENVIRONMENTAL REVIEW
The Planning Director has determined that no significant adverse environmental impacts
would result from these amendments to Title 19, and has issued a Negative Declaration on
September 12,1994. The changes to the City's Environmental Protection Procedures would
ensure that CEQA is being implemented more effectively and thus providing better
environmental review of public and private projects. More effective environmental review
translates into increased protection of the City's environmental resources.
Y, SUMMARY
Title 19 has been amended to comply with state law and the changes would not significantly
affect the environment.
ATTACHMENTS
1. City council Ordhance, Exhibit "X", dated December 21,1994
NOVEMBER 10,1994 JGh
a 0 EXHBI
PLANNING COMMISSION December 21,1994 PAGE 7
meets all requirements of the General Plan and contributes to the fulfillment
Ms. Blackburn c ts the legal descrip
imes-Advocate, dated
f the waste transfer st
Commission is being required to ad
a General Plan Consistency determ simplify the action being required. A public h
Commissioner Monroy assumes that by ap
Blackburn replied that is correct.
Commissioner Noble commented
considering a transfer station
City can proceed.
Commissioner Erwin
Assistant Planning Director, replied 1
hearing. Staff supplies the resolutior
eld on the CUP which was recently granted.
ect, it would allow other action by the City. h
was required when the City was
rmination must be made before
at he is pleased the City is going forward
tion was made by Commissioner Compas, and duly second
Commission Resolution No. 3733 approving PCD/GPC 94-04, bas
contained therein.
tem. It is incumbent tt
acilities for cost containment.
4. MCA 94-01 - TITLE 19 UPDATE - Amendment to Title 19 of the Carlsbad Municipal Code to brii
the City’s Environmental Protection Procedures into compliance with legislative changes in the
California Environmental Quality Act.
Jeff Gibson, Associate Planner, reviewed the background of the request and stated that the Title I 9 upd is being presented to the Commission as an information item. The Planning Commission does not ovec
changes to Title 19, however, they have a direct role in the implementation of CEQA. The Planning
Commission reviews and approves such documents as negative declarations and recommends approva
environmental impact reports. The next step in this process is to take the Municipal Code Amendment ti
the City Council for their review and approval. Title 19 essentially provides for the enhancement and
protection of the physical environment within the City of Carlsbad. The environmental protection procedures establish principles, objectives, criteria, definitions, and procedures for the evaluation of environmental impacts created by public and private development. Title 19 implements CEQA and the
State guidelines prepared by the California Office of Planning and Research. In this case, Title 19 has
MINUTES
W e
1
PLANNING COMMISSION December 21,1994 PAGE 8
been amended to reflect recent new requirements and changes in state law. In addition to housekeepii changes, these changes are added to clarify existing procedures such as how required notices are
published in newspapers, and who receives special notice. These types of changes ensure that Title 1 !
more effectively implemented.
Commissioner Noble inquired how many new pages were added as a result of this updated. Mr. Gibs0 replied that language was streamlined so no additional pages were added.
Motion was made by Commissioner Erwin, and duly seconded, to accept the report.
Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and
Welshons
ACTION:
AYES:
NOES: None
ABSTAIN: None
VOTE: 7-0
ADDED ITEMS AND REPORTS:
made of the Planning Commission's decision.
ecision. Rich Rudolf, Assistant City Attorney, advised t
Commissioner Erwin st to look at setbacks. t
submitted a copy of a mem
establish a subcommittee to s ks. The subcommitte f Commissioner Welshc
Nielsen, and Erwin. A copy o is on file in the Plann
ELECTION OF OFFICERS:
an of the Planning Commission.
Welshons as Chairman
VOTE: 7-0
AYES: Chairman Sava , Monroy, Nielsen, Noble, and
NOES: None
ABSTAIN: None
Chairman Savary c
: Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, No
MINUTES
PROOF OF PUBLICATION (201 5.5 C.C.P.)
STATE OF CALIFORNIA County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled matter, I am the principal clerk of the printer of
B lade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Cartsbad, County of San Diego, and which newspaper has been adjudged
This space is for the County Clerk's Filing :
U
Proof of Publication of
W Notice of Public Hearing
------_-------*---_-______________LII___--*.
----------
faregoing is true and correct.
Dated at Oceanside,California, this day of March, 1995
----* *----------*--
8 LADE-C ITTIZEN Legaf Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054
(61 9) 433-7333
. * 41
i
e m t" .
I
NOTICE OF PUBLIC HEARING
AMENDMENT TO CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE
MCA 94-1
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers,
1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m.,
Declaration and amendments to Title 19, Chapter 19.04 of the Carlsbad Municipal Code to bring the City's Environmental
Protection Procedures into compliance with legislative changes in the California Environmental Quality Act and State CEQA Guidelines.
If you have any questions regarding this matter, please call Jeff Gibson, in the Planning Department, at (619) 438-1161, extension
4455.
If you challenge the Municipal Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad, City Clerk's Office at, or prior to, the public hearing.
APPLICANT: City of Carlsbad
on Tuesday, March 21, 1995, to consider approval of a Negative
PUBLISH: March 10, 1995 CARLSBAD CITY COUNCIL
/
W 0 4 . . MCA 94-01 - Amendments to Chapter
19.04 of the Carlsbad Municipal Code
LABELS
'
I
,I GEORGE W MA"0N /I
CARLSBAD UNIF SCHOOL DIST ENCINITAS SCHOOL DIS
801 PINE AVENUE 1290 W. SAN MARCOS BLVD ~ 101 S RANCHO SANTA FI
CARLSBAD CA 92008
SAN MARCOS SCHOOL DIST
SAN MARCOS CA 92069 ENCINITAS CA 92024 __ - ______ __ . . .
I
LEUCADIA COUNTY WTR DIST ' VALLECITOS WTR DISTRICT SAN DIEGO COUNTY, Dc
1960 LA COSTA AV 788 SAN MARCOS BLVD 5201 RUFFIN RD STE "B"
SAN MARCOS CA 92069 SAN DIEGO CA 92123 CARLSBAD CA 92009 .___. . \ ENGINEERING DEPT COMMUNITY cL SERVICES * MUNICIPAL WAT IS7
CI'A' OF ENCINITAS CITY OF OCEANSIDE CITY OF SAN MARCOS
505 S. WLCAN AV
ENCINITAS CA 92024-3633 OCEANSIDE CA 92054 SAN MARCOS CA 92069
300 N HILL ST 105 W RICHMAR AVE
CITY OF VISTA
PO BOX 1988 330 GOLDENSHORE #50 4920 CAMPUS DR
VISTA CA 92085
CALIF DEPT OF FISH & GAME
LONG BEACH CA 90802 NEWPORTBEACH CA 9
ART0 J. NUUTINEN
-
-..
a NOTICE OF PUBLIC HEANNG 0
?
L
m
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California,
at 6:OO p.m. on Wednesday, December 21, 1994, to consider an amendment to Title 19 of the
Carlsbad Municipal Code to bring the City’s Environmental Protection Procedures into
compliance with legislative changes in the California Environmental Quality Act throughout the
City of Carlsbad.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after December 15, 1994. If you
have any questions, please call Jeff Gibson in the Planning Department at (619) 438-1 161, ext.
4455.
If you challenge the Municipal Code Amendment in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or p&or to the public hearing.
CASE FILE: MCA 94-01
CASE NAME: TITLE 19 UPDATE
PUBLISH. DECEMBER 9, 1994
CITY OF CARLSBAD
PLANNING COMMISSION
JGNd
II e a I,
I (Form A)
.1
e
TO: ,CITY CLERK'S OFFXCE
FROM: PLANNING DEPARTMENT
RE t PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
MCA 94-01 - Amendments to Chapter 19.04 of the Carlsbad Municipal Code
for a public hearing before the City Council.
Please notice the item for the council meeting of
Thank you.
January 31, 1995 - Assistant City Man-- - Date
-