HomeMy WebLinkAbout1995-03-28; City Council; 13074; Conform with State Law and CEQA GuidelinesCl-' OF CARLSBAD - AGEW-9 BILL
4B # -1- ADOPTION OF ORDINANCE NO. NS-305 -
UlTG. 3/28/95 I I CLK IEPT.
TO CONFORM WITH STATE LAW AND
CEQA GUIDELINES - MCA 94-1
I
7ECOMMENDED ACTION:
DEPT. HD. 4
CITY ATTY
CITY MGR.
Adopt Ordinance No. NS-305, amending Title 19, Chapter 19.04 of
the Carlsbad Municipal Code to bring the chapter into conformance
with the California Environmental Quality Act and the State CEQA
Guidelines.
ITEM EXPLANATION
Ordinance No. NS-305 was introduced at the regular City Council
meeting of March 21, 1995. The second reading allows Council to
adopt the ordinance which would then become effective in thirty
days. The City Clerk will have the ordinance published within
fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,067 on file with the City Clerk.
EXHIBIT
1. Ordinance NO. NS-305.
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ORDINANCE NO. NS-305
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), 19.04.050,
19.04.06O(a),(b),(e),(f), 19.04.070, 19.04.080(a), 19.04.090(a),
19.04.100( a), (b), (e), ( f), 19.04.110, 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), 19.04.280(a),(b), 19.04.290, 19.04.350, 19.04.360,
19.04.370 TO BRING THE CHAPTER INTO
CONFORMANCE WITH THE CALIFORNIA
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 Carlsbad
Municipal Code is consistent with CEQA and the state guidelines and will ensure effective
implementation of Title 19.
WHEREAS, that the proposed code amendment to Title 19 is consistent with
the City’s General Plan by ensuring proper and adequate environmental review of public and
private projects that may affect the City’s physical environment and natural resources.
WHEREAS, that the proposed code amendment to Title 19 will not cause any
significant environmental impacts since the changes are designed to more effectively
implement existing state environmental law, as described in the Negative Declaration
completed by the Planning Director on September 12, 1994.
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.030(a) to read as follows:
“(a) The state CEQA guidelines contained in Chapter 3, Division 6, Title 14
of the California Code of Regulations, and as amended from time to time, are adopted by
reference as the environmental review regulations for the city except for changes, additions,
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deletions, amendments or supplements contained in this chapter which shall supersede the
provision of said guidelines.” I
SECTION 2: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code ’
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 for any
project or for any items listed in Section 19.04.050 nor shall any project be undertaken by
the city until the requirements of this chapter have been fulfilled.”
SECTION 3: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment to Section 19.04.050 to read as follows:
“(a) 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 plans, or amendments thereto;
(4) Residential and non-residential planned development permits;
(5) Conditional or special use permits;
(6) Redevelopment permits;
(7) Parcel maps;
(8) Tentative subdivision maps;
(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 have an
(14) Any project where the city or its staff exercises deliberation or judgment in the
(15) Planned industrial permits;
(16) Hillside development permits;
(17) Coastal development permits;
(18) Local coastal plan amendments.”
(9) Grading, excavation, fill and dredging permits;
adverse significant effect on the environment;
approval process;
(b) ““Project” means an activity which may cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the
environment .’I
SECTION 4: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment to Section 19.04.060(a), (b), (e), and (f) to read as follows:
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“(a) City Council. Unless the planning commission is the final decision-making
body authorized by subsection (e) of this section to hold a public hearing on and cedi@ 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 and on every project
the environmental review for which is conducted pursuant to Section 21080 of the state
Public Resources Code;”
“(b) Planning Director. The planning director is responsible for the general
administration and implementation of this chapter. Whenever any notices, reports, or ~
documents are required or permitted to be filed-the planning director 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 planning director shall have that
responsibility, subject to appeal to the planning commission and city council. The planning
director shall be responsible for the preparation of any environmental impact report,
negative declaration, mitigated negative declaration, or other related environmental
documents required by this chapter. The director 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 responsible for the contents
of the report. The director may also require the applicant to pay the cost of a city
consultant hired to prepare an environmental impact report. The director may request
assistance from any city department, other governmental entities and the public as
determined to be necessary to carry out these responsibilities.”
“(e) Planning Commission. It is the responsibility of the planning commission:
(1) To hold a public hearing on every environmental impact report and on every project
the environmental review for which is conducted pursuant to Section 21080 of the state
Public Resources Code;
(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;
(4) For projects for which the city council is the final decision-making body, to forward the
final environmental impact report to the council for certification;
(5) For projects requiring an environmental impact report, negative declaration, or
mitigated negative declaration, to make the finding of whether or not a proposed project
will have a significant effect on the environment.” “(9 Decision-making Body. The decision-making body or 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 mitigated negative declarations and negative declarations prior to or concurrent
with consideration of the project.”
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SECT’ION 5: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.070 to read as follows:
“(a) The planning director shall determine whether a private project, other
than a ministerial project, is exempted from the requirements of this chapter. The planning
director shall also determine whether a private project is excepted from the exemptions in
the state CEQA guidelines or this title. The applicant will be notified in writing of the
planning director’s determination and may appeal the determination as provided in Section
19.04.080. A list of the planning director’s determinations made according to this section
shall be 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 exempted from the requirements of this chapter or excepted from the
exemptions of the state CEQA guidelines or this title, or shall refer the project to the
planning director 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.
(c) The planning director, or other appropriate department head, may
determine notwithstanding the fact that a project may be within an exemption, that it may
have an adverse 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 planning director or other appropriate department head may involve
a matter of the environment. If a determination is made that the project is excepted from
the exemptions of the state CEQA guidelines and this chapter, the notice of exemption shall
not be issued and the project shall be processed in accordance with this chapter.
(d) The planning director shall establish a specific list of projects and activities which fall within the categorical exemption classes of the state CEQA guidelines.
The planning director shall also establish a specific list of actions and activities that are
classified and defined as ministerial projects.”
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SECTION 6: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 final unless
appealed to the planning commission. Appeals shall be filed in writing with the planning
director within ten calendar days of delivery of the written notification to the applicant or
within ten calendar days of the expiration of the period for posting, whichever time period
is least restrictive. For the purpose of this section if written notification is mailed, delivery
shall be the date of mailing.”
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SECI’ION 7: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 approves or
determines to carry out the project, the planning director, 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
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.”
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SECTION 8: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.100(a), (b), (e), and (f) to read as follows:
“(a) If the project is not categorically exempt, the planning director 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 director a completed environmental impact assessment form as an aid
to determine the appropriate level of environmental review.”
“(b) The planning director with assistance from city departments, or staff as
appropriate, shall review each project for which an initial study form has been filed. The
director 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.”
“(e) If identified significant effects on the environment can be mitigated so
that the project will have no significant effect on the environment, the director may by
imposition of appropriate project conditions, agreements, or other measures, including but
not limited to revision or redesign of the project, require the mitigation of these effects. A
mitigated 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 assurances have been provided that the condition will be carried
out and enforced.”
“(f) The applicant shall be given written notice of the planning director’s
determination under this section. Such notification may be given either by personal delivery
or first class mail. The applicant may appeal the directors’s determination to the planning
commission within ten calendar days after either the personal delivery or mailing of the
notice. The hearing shall be processed according to the procedures established in Section
19.04.080 for hearing on determinations of exceptions.”
SECTION 9: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
~ 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, negative
declaration or environmental impact report is necessary for a project, the planning director
shall consult with responsible agencies. This consultation may be quick and informal.”
SECTION 10: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.120 to read as follows:
“(a) In order to ensure adequate public participation in the environmental
review process, public notice of the preparation of mitigated negative declarations, negative
, declarations and environmental impact reports may be given prior to the completion of the
declaration or draft of the environmental impact report. The planning director shall
establish guidelines for determining those projects which may require public notice of
preparation. The planning director 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 in the public
portion of community development, and shall be sent to the county clerk to be posted for
a period of at least 30 days, except notices for negative declarations, and mitigated negative
declarations shall be posted for at least 20 days. The notice shall be given in the manner
specified in Section 21092 of the Public’ Resources Code. This notice is additional to all
other notices.
(b) Prior to completing a mitigated negative declaration, negative declaration
or draft environmental impact report the planning director may consult directly with any
person or organization he believes will be concerned with the environmental effects of the
project.”
SECIION 11: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.130 to read as follows:
“(a) The planning director shall prepare a mitigated negative declaration, or
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 stipulating that comments on the environmental document from the public are
encouraged.
(b) The public review period for a mitigated negative declaration, or negative
declaration shall be given in the manner specified in Section 21091(b), 21092, and 91092.3
of the Public Resources Code. Notice shall also be given to all organizations and individuals
who have previously requested such notice within the previous year.
(c) The planning director shall complete the mitigated negative declaration or
negative declaration within 105 days after the date when the planning director accepted the
private development application as complete for processing per the State CEQA guidelines.
The planning director may extend this time limitation for a reasonable period of time if
compelling circumstances justiQ additional time and the project applicant consents to the
extension.”
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SECI‘ION 12: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 finally
approve or deny a project, the decision to approve, conditionally approve or disapprove a
mitigated negative declaration or 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’s approval of
the negative declaration. A fee established according to this title shall be paid to the city
clerk at the time of filing the appeal. If an appeal is of the 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 21092 of
the Public Resources Code 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, modi@ 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.”
SECTION 13: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.160 to read as follows:
‘I( a) No negative declaration, mitigated negative declaration, or environmental
impact report is required for any project involving the construction of housing or
neighborhood commercial facilities in an urbanized area if the Planning Director complies
with 21080.7 of the Public Resources Code.
(b) If the planning director determines that an environmental impact report,
negative declaration, or mitigated negative declaration has been certified or approved for
a project in connection with some previously issued entitlement for such project, the director
may issue a notice of determination without further processing pursuant to this chapter, only
if a subsequent initial study establishes, per the state CEQA guidelines, that the prior
environmental document is sufficient for the present project and additional significant
environmental impacts will not occur.
(c) The public review period for prior compliance shall be given in the manner specified in Section 21091(b), 21092, and 21092.3 of the Public
Resources Code.”
SECTION 14: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.170 to read as follows:
“(a) Environmental impact reports shall be prepared by the planning director
for all city projects. The applicant for city entitlement for any private project may prepare
and submit a preliminary environmental impact report to the director. The planning
director may require the applicant to submit, to a reasonable extent, additional information
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necessary for a full 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 planning director 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.
(b) The final decision-making authority shall certify the final EIR within one
year after the date when the planning director accepted the private development application
as complete for processing per the state CEQA guidelines. The planning director may
extend this time limitation for a reasonable period of time if compelling circumstances justify
additional time and the project applicant consents to the extension.”
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SECTION 15: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 completed the
planning director 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 community development. Notice shall be given by at least
one of the following procedures:
(1) Publication once in a newspaper of general circulation in the area affected by the
proposed project. If more than one area will be affected, the notice shall be published in
the newspaper of largest circulation from among the newspapers of general circulation in
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 assessment role 1 I within a radius of three hundred feet of the proposed project. I In addition notice shall be given in the same manner to all organizations and
individuals who have previously requested such notice.
The planning director may require any additional notice deemed necessary for
the project and shall assess the cost to the applicant. The notice required by this section 1
may be given in the same manner and at the same time as the public notice otherwise
required for the project. This shall not relieve the planning director from the obligation to I
post the notice on the bulletin board and send the notice to organizations and persons
previously requesting such notice.”
SECTION 16: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code ’
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I “The environmental impact report shall be foxwarded to the planning director, ’
who shall set the matter for public hearing by the planning commission. Notice of the I
If the hearings on the environmental impact report will be consolidated i
according to this chapter with public hearings on other approvals on the project, the notice
public hearing shall be given as provided in Section 21.54.060(1) of this code.
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required 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, and may 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 for a full and complete report. The planning director shall supplement the report
if any significant points are raised at the hearing which have not been covered in the 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 resolutions 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.”
SECTION 17: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.220 to read as follows:
“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 19.04.210 at least 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 for a full and complete report. The report shall be supplemented to include any
significant points raised at the hearing and not covered in the report. If the council finds
that the report has been completed in compliance with the California Environmental Quality
Act, the state guidelines and this chapter, they shall, by motion, so certify.”
SECTION 18: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 or more
significant effects the project shall not be approved or carried out unless the decision-making
body makes one or more of the following written findings or statements for each significant
effect. A statement of facts supporting each finding shall also be made.
(1) Changes or alterations have been required in, or incorporated into, the project and
which mitigate or avoid the significant environmental effects as identified in the EIR;
(2) Changes or alterations are within the responsibility or jurisdiction of another public
agency and have been, or can be, adopted by that agency.
(3) Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers,
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make infeasible the mitigation measures or project alternatives identified in the
environmental impact report.”
SECTION 19: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 approves or
determines to carry out a project or grants a requested entitlement for which a negative
declaration, mitigated negative declaration, or environmental impact report has been
prepared the planning director shall file a notice of determination with the county clerk.
For projects consisting of or including the adoption of’ an ordinance the notice of
determination shall be sent within five working days after the second reading of the
ordinance by the city council.”
“(b) When a notice of determination is returned by the county clerk after the
required posting period the planning director may make the notice a part of the project file
or may forward the notice to the appropriate custodian of the project file for placement in
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 Municipal Code
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 city for
comment, it shall be referred to the planning director. The planning director is responsible
for reviewing the report, preparing appropriate comments and forwarding any such
comments to the lead agency within the indicated time limits. The director may consult with
and obtain input from any person with knowledge or expertise regarding the matter. As a
part of the review, the director shall focus on the sufficiency of the environmental impact
report in discussing possible impacts upon the environment, ways in which adverse
significant effects might be mitigated, and alternatives to the project, in light of the intent
of the California Environmental Quality Act to provide decisionmakers with useful
information about such factors.”
SECI’ION 21: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
is amended by the amendment of Section 19.04.350 to read as follows:
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““Planning director,” as used in this chapter means the planning director of the
city or the director’s designated representative. The city manager may approve the
designation of a private consultant hired by the city to act for the planning director for a
particular project.”
SECTION 22: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 in the
implementation of this title. These guidelines shall include, but are not limited to,
guidelines for preparation of draft and final EIR’s, a form which will solicit sufficient
information to allow the planning director to determine if a project may have a significant
effect on the environment, and guidelines for mandatory findings of significant effect.”
SECTION 23: That Title 19, Chapter 19.04 of the Carlsbad Municipal Code
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 by this
chapter is not specified, then the notice shall be given as provided in Section 21.54.060(2)
of this code.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certiQ to the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 21st day of MARCH , 1995, and thereafter.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the
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City of Carlsbad on the 28th day of MARCH , 1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
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ATTEST
a&& ALETHA L. RA
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