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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. 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 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, -1- 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 20 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: -2- 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 “(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.” -3- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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.” ’ I 1 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.” -4- 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 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.” ’ 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: ~ I -5- 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 “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.” -6- 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 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 -.7 - 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 20 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.” ’ 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 ’ I ~ is amended by the amendment of Section 19.04.210 to read as follows: 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. -8- 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 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, -9- 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 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: I , ““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: -10- 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 “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. 1111 Ill1 I111 Ill1 1111 1111 1111 1111 1111 -11- , 1 PASSED AND ADOPTED at a regular meeting of the City Council of the 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 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 n ATTEST a&& ALETHA L. RA -12-