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HomeMy WebLinkAbout2001-07-10; City Council; 16263; Repeal & Re-enact Title 19 of the Municipal CodeAB# h&263 MTG. 7-1 O-01 DEPT. CLK CITY OF CARLSBAD -AGENDA BILL ADOPTION OF ORDINANCE NO. NS-593 TO REPEAL AND RE-ENACT TITLE 19, CHAPTER 19- 04 OF THE CARLSBAD MUNICIPAL CODE TO CONFORM WITH CEQA GUIDELINES DEPT. HD. CITY ATTY. CITY MGR RECOMMENDED ACTION: Adopt Ordinance No. NS-593 to repeal and re-enact Title 19, Chapter 19-04 of the Carlsbad Municipal Code to bring this Chapter into Conformance with the California Environmental Quality act and the State CEQA Guidelines (Case Name: Title 19 Updated; Case No. MCA 01-02) ITEM EXPLANATION: Ordinance No. NS-593 was introduced and first read at the City Council meeting held on June 26, 2001. The second reading allows the City 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. 16,252 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-593. 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-5g3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA TO REPEAL AND RE-ENACT TITLE 19, CHAPTER 19-04 OF THE CARLSBAD MUNICIPAL CODE TO BRING THIS CHAPTER INTO CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE STATE CEQA GUIDELINES CASE NAME: TITLE 19 UPDATE CASE NO.: MCA 01-02 WHEREAS, the proposed repeal and re-enactment of Title 19 of the Carlsbad Municipal Code is consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and will ensure effective implementation of Title 19, WHEREAS, the proposed repeal and re-enactment of 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, the proposed repeal and re-enactment of 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 March 8, 2001, follows: The City Council of the City of Carlsbad, California, does hereby ordain as TITLE 19 ENVIRONMENTAL PROTECTION PROCEDURES CHAPTER 19.04 19.04.010 Purpose. 19.04.020 State Guidelines Incorporated by Reference. 19.04.030 Planning Director Responsibilities. 19.04.040 Planning Commission Responsibilities. 19.04.050 City Council Responsibilities. 19.04.060 Determination of Exemption and Exception. 19.04.070 Exemption Procedures. 19.04.080 Appeals on Determinations of Exemptions or Exceptions. 19.04.090 Initial Study. 19.04.100 Mailing of Negative Declaration on Request. 19.04.110 Appeal of Negative Declaration. 19.04.120 Preparation of Environmental Impact Report. 19.04.130 Requests for Additional Public Review Time on the Draft 3 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 Environmental Document. 19.04.140 Hearing. 19.04.150 Consolidation. 19.04.160 Time Limits for Preparation of Environmental Documents. 19.04.170 Appeal of Environmental Impact Report 19.04.180 Mitigation and Monitoring Reporting Programs. 19.04.190 Mailing of Notices on Request. 19.04.200 Indemnification by An Applicant. 19.04.210 Enforcement. 19.04.220 Severability. 19.04.010 Purpose. A. This chapter is intended to provide for protection and enhancement of the environment within the City by establishing principles, objectives, criteria, and procedures for evaluation of the environmental impact of public and private projects and for administering the City’s responsibility under the California Environmental Quality Act, hereinafter referred to as CEQA and the State CEQA Guidelines issued pursuant thereto by the California Resources Agency. The procedures and provisions of this chapter are intended to supplement the CEQA Guidelines and to provide additional guidelines for implementing CEQA and evaluating projects in the City. 19.04.020 State Guidelines Incorporated bv Reference. A. The California Environmental Quality Act (Public Resources Code, 9 21000 et. seq.) and the State CEQA Guidelines contained in Title 14, Division 6 of Chapter 3, Section 15,000 et. seq., 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 or additions contained in this chapter that shall supplement the provisions of said Guidelines. 19.04.030 Planninq Director Responsibilities. A. The Planning Director or his designee 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 (“EIR”), negative declaration, mitigated negative declaration, or other related environmental documents required by this chapter. -B. The Planning 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 prior to accepting the application as complete. C. The Planning Director may request assistance from any City department, other governmental entities or the public as determined to be necessary to carry out these responsibilities. All department heads shall respond promptly to all requests for information or assistance made by the Planning Director. D. Prior to completing a negative declaration, mitigated negative declaration, or draft EIR, the Planning Director may consult directly with any person or organization he believes will be concerned with the environmental effects of the project. E. If the Planning Director determines that a project is to be carried out or approved by one or more public agencies in addition to the City, he shall first determine which entity will be the lead agency. -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 F. Whenever the City is a responsible agency the Planning Director shall provide the information and responses to the lead agency which the Planning Director deems necessary in order to comply with the statutory responsibilities of a responsible agency. 19.04.040 Plannina Commission Responsibilities. A. For projects for which the Planning Commission is the final decision-making body, except for the possibility of appeal, it is the responsibility of the Planning Commission to hold a hearing on and adopt or disapprove adoption of a negative declaration or a mitigated negative declaration, or to certify by resolution that an EIR is completed pursuant to CEQA. 6. For projects for which the City Council is the final decision-making body, but requiring Planning Commission review of the project, it is the responsibility of the Planning Commission to forward the final environmental document to the City Council with a recommendation for City Council action. 19.04.050 Citv Council Responsibilities. A. Unless the Planning Director or Planning Commission is the final decision- making body for a project, it is the responsibility of the City Council to hold a hearing on and adopt a negative declaration or mitigated negative declaration or to certify, by resolution, a final EIR for the project. 19.04.060 Determination of Exemption and ExceDtion. A. The Planning Director shall determine whether a private or public project is a ministerial project, and if not, whether it is exempted from the requirements of this chapter. The Planning Director's determinations of exempt projects made according to this section shall be posted weekly for five business days on a bulletin board accessible to the public in the Planning Department. The Planning Director shall also determine whether a private or public project is excepted from the exemptions in the State CEQA Guidelines or this title, in which case the applicant will be notified in writing of the Planning Director's determination. Any determination may be appealed as provided in Title 21, Chapter 21.54, Section 21.54.140 of this code. 19.04.070 Exemption Procedures. A. The following sections implement Section 15300.4 of the CEQA Guidelines which require the City to list those specific activities which fall within each of the following exempt classes: 1. Statutorv exemptions. Pursuant to Section 15260, statutory exemptions are those projects that the Legislature has determined should be exempted from CEQA and which are found in various State statutes. These include ministerial projects, categorical exemptions and general rule exemptions. a. Ministerial projects. Pursuant to Section 15369 of the CEQA Guidelines, ministerial projects are those that involve little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. They involve the use of fixed standards or objective measurements. Projects in the City specifically deemed to be ministerial include all post-approval submittals in substantial conformance with the approval. Post- approval submittals include certified tentative subdivision maps, final maps, grading, landscape and improvement plans, CCBRs and building plans. Other ministerial projects include final inspections, issuance of licenses, utility service connections and disconnections, City-ordered brush clearance of non-sensitive areas in accordance with City of Carlsbad procedures, and other similar actions for which no discretion exists that could create or avoid environmental impacts. b. Categorical exemptions. Pursuant to Section 15300 of the CEQA Guidelines, categorical exemptions are classes of projects determined not to have a significant effect on the environment which are therefore exempt. No clarifications or additions are -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 necessary to Sections 15260 to 15285 and Sections15300 to 15332 other than to specify that preliminary design work for capital improvement projects in the City and lot line adjustments (that do not increase density or intensity of use), within prescribed parameters, fall within Class 5, Section 15305 of the Guidelines. exemptions provided for in the Public Resources Code and State CEQA Guidelines including ministerial projects and categorically exempt projects pursuant to Section 15061(b)3 of the CEQA Guidelines, general rule exemptions are defined as projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The following are specific actions considered not to have a significant effect pursuant to this provision: 1) Minor zone or municipal code amendments that do not involve physical modifications, lead to physical improvements beyond those typically exempt, or which refine or clarify existing land use standards; 2) Projects that are not specifically listed as categorical or statutory exemptions but exhibit characteristics similar to one or more specific exemptions. no exemption shall apply in the following circumstances: B. Exceptions. Even though a project may otherwise be eligible for an exemption, 1. Grading and clearing activities affecting sensitive plant or animal habitats, which disturb, fragment, or remove such areas as defined by either the California Endangered Species Act (Fish and Game Code Sections 2050 et seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.); sensitive, rare, candidate species of special concern; endangered, or threatened biological species or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or, archaeological or cultural resources from either historic or prehistoric periods; 2. Parcel maps, plot plans and all discretionary development projects otherwise exempt but which affect sensitive, threatened or endangered biological species or their habitat (as defined above), archaeological or cultural resources from either historic or prehistoric periods, wetlands, stream courses designated on U.S. Geological Survey maps, hazardous materials, unstable soils, or other factors requiring special review, on all or a portion of the site. C. General rule exemptions. In addition to all other statutory ' II 19.04.080 Appeal on Determinations of Exemptions or Exceptions. A. The determinations made accordina to Section 19.04.070 are final unless appealed to the Planning Commission pursuant to the procedures set forth in Title 21, Chapter 21.54, Section 21.54.140 of this code. City Council shall be sent by first class mail to the applicant and to the appellant. B. Notice of the hearing on appeal before either the Planning Commission or the 19.04.090 Initial Study. A. The responsible City department or a private applicant for a City entitlement shall submit to the Planning Director a completed en&onmental impact assessment form and supporting environmental studies as an aid in evaluating environmental impacts. 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. If the projeci the project may have a significant effect on the environment and determine the appropriate level is not categorically exempt, the Planning Director shall conduct an initial study to determine ii of environmental review necessary. C. If it is determined that the project will have no significant impact on the environment, the Planning Director shall prepare a negative declaration. D. If identified significant effects on the environment can be mitigated so that the project will have no significant effect on the environment, the Planning Director may, with the applicant's agreement, by imposition of appropriate project conditions, agreements, or other .. -4- 1 2 3 4 5 6 i E s 1( 11 1; 1: 1L 1: 1t 1: If I! 2( 2: 2: 2: 21 2: 2( 2' 2: 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 satisfied 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. E. Except as otherwise provided in (D) above, if it is determined that a project may have a significant impact on the environment the Planning Director shall prepare or cause to be prepared an EIR according to the requirements of CEQA. 19.04.100 Mailina of Neoative Declaration on Reauest. A. The Planning Director shall prepare a negative declaration or a mitigated for a negative declaration or a mitigated negative declaration under the provisions of CEQA. negative declaration when he/she finds after the required initial study that the project qualifies The declaration shall include a statement stipulating that comments on the environmental document from the public are encouraged. 19.04.1 10 ADDeal of Neqative Declaration. A. If the Planning Director or the Planning Commission has the authority under this code to approve or deny a~project, the decision to adopt, conditionally adopt or disapprove adoption of a negative declaration or a mitigated negative declaration is final unless any interested party files an appeal of the negative declaration, as provided by this code in Title 21, Chapter 21.54, Section 21.54.140. City Council shall be sent by first class mail to the applicant and to the appellant. B. Notice of the hearing on appeal before either the Planning Commission or the 19.04.120 Preparation of Environmental Impact Report. A. If the Citv determines that an environmental imDact reDort is reauired for a . .. .. ~~~ , ~~~~~ project, the City shall immediately send notice of preparation (NOP) to ali parties as provided in Section 21080.4 (PRC) and Sections 15082 and 15083.5 of the CEQA Guidelines. The City shall send the NOP to all property owners within 600 feet of the perimeter of the subject site. Additionally, the City may send the NOP to all persons or organizations that the City believes may have an interest in the proposed project or related issues. Notices for projects with potential impacts of regional significance shall be sent to adjacent cities. Notice of preparation shall also 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 available to the public in the Planning Department, shall be sent to the County Clerk to be posted for a period of at least 30 days, and shall be sent to the State Clearinghouse when appropriate. B. The Planning Director may, with the approval of the City Council if necessary, enter into a contract with private consultant(s) for the preparation of a draft EIR. The cost for such consultant(s) shall be paid by the applicant. The applicant shall have no direct contact with the consultant unless approved by the City. The consultant shall not be an employee or affiliate of the applicant. C. Copies of the draft EIR may be submitted for comment to any agencies and to the applicant and a copy shall be available to the public in the Planning Department. A copy persons that the Planning Director determines to be necessary. The draft report shall be mailed shall also be made available at each of the Carlsbad City Libraries until filing of the notice of determination by the City. D. At the same time, a notice of completion shall be posted on a bulletin board accessible to the public in the Planning Department. -5- 1 i 3 - L & t I 5 1( 11 1: 1: 1L 1: 1( 1' 1: I! 21 2 2: 2: 2. 2. 2f 27 28 E. In addition to the notice required by State law, the Planning Director may require any additional notice deemed necessary for the project and shall assess the cost to the applicant. 19.04.1 30 Reauests for Additional Public Review Time on The Draft Environmental Document. interested party for an additional review period. The additional time for review shall not extend A. The Planning Director may approve a request from a community group or the time for action beyond that required under law. The failure to allow additional time for review shall not invalidate any discretionary approval based upon the document for which the additional review time was requested. 19.04.140 Hearinq, A. A negative declaration, mitigated negative declaration or EIR shall be forwarded to the Planning Director, who shall cause the matter to be set for hearing by the appropriate decision-making body if .required. Notice of the hearing shall be given as provided in Section 21.54.060(1) of this code. At the hearing, the Planning Commission or City Council shall hear staff comments on the environmental document and may refer it back to staff for further decision-making body determines such to be necessary for a full and complete determination to investigation, information and analysis, andlor for the inclusion of additional material if the be made. The Planning Director shall supplement the environmental document if any significant points are raised at the hearing which have not previously been addressed. Copies of all environmental documents shall be made available for public review at the Planning Department. 19.04150 Consolidation. A. The Plannina Commission or Citv Council may consolidate a public hearing On a negative declaration, mitigGed negative declaration or an EIR with any other'public hearing held by the Planning Commission or City Council in regard to the same project. In such case, the notice required by this chapter may be given in the same manner and at the same time as public notice otherwise required for the project. The Planning Commission or City Council shall review and consider the information contained in the environmental document before taking action on the other aspects of the project before them. 19.04.160 Time Limits for Preparation of Environmental Documents. A. In accordance with CEQA, Section 21151.5, completion and adoption of a negative declaration or mitigated negative declaration shall not exceed 180 calendar days from the date the application for proposed development is deemed complete. Completion and certification of an EIR shall not exceed one year from the date that the application is deemed complete. 1. 2. 3. 111 111 .. Unreasonable delays by the applicant shall suspend these time periods for the period of the unreasonable delay. The Permit Streamlining Act does not apply to legislative actions and likewise does not require that permit applications be deemed approved ii not acted on within the statutory period when such permit applications would require legislative changes in applicable general plans, zoning ordinances, or other controlling land use legislation. The City shall approve or disapprove a project within 60 days if the project is determined to be exempt. -6- 1 11 1: 1: lf If 1t 1: 11 l! 2( 2' 2: 2: 2. 2: 26 27 28 19.04.170 Appeal of Environmental Impact Report. A. Any challenge to the adequacy of an EIR certified by the Planning Commission may be appealed to the City Council in accordance with the procedures set forth in Title 21, Chapter 21:54, Section 21.54.140. City Council shall be sent by first class mail to the applicant and to the appellant. 19.04.1 80 Mitiqation Monitorinq and Reoortinq Proqrams. potentially significant effects are effectively implemented and monitored throughout the project A. It is the intent of the City to ensure that all required mitigation measures to avoid approval, permitting and construction process, as well as the lifespan of the project. In conjunction with the approval of each project, an individual program shall be developed and adopted to ensure that each feature related to the mitigation measures is specifically included development review and permitting process, and monitored during construction and final as a reference in the conditions of approval, incorporated into the subsequent stages of compliance with the ongoing mitigation measures beyond final inspection. inspection, as well as on an ongoing basis. The program may contain remedies to ensure 19.04.1 90 Mailinq of Notices on Reauest. A. The Planning Department or the City Clerk shall mail copies of all notices of appeal, notices of hearings, and other notices resulting from this chapter to any individual or group who files a written request therefor. Such individual or group shall update their request annually. A fee to cover the costs of printing and postage in an amount established by City Council resolution shall accompany each such request. 6. Notice of the hearing on appeal before either the Planning Commission or the 19.04.200 Indemnification bv ADDhCant. A. The applicant shall be responsible and indemnify the City for any and all costs the City incurs in defending any action alleging noncompliance with CEQA or this Chapter, including all costs, expenses and attorneys' fees. 19.04.210 Enforcement. A. ExceDt as otherwise provided bv law. it is unlawful and an offense punishable as designated in Title i, Chapter 1.08'of this code for any project applicant or permittee to fail to perform any required mitigation measure(s) specified in the mitigation monitoring and reporting program for the project. 6. The City shall also have the right to revoke or modify all approvals granted in relation to the environmental review of the project, deny or further condition issuance of any future building permits, and deny, revoke or further condition all certificates of occupancy issued under the authority of the related approval. C. Violations may be enforced by criminal or civil judicial action, or both, or in combination with any of the administrative remedies enumerated in this code to compel compliance with said conditions or seek damages for their violation. The Planning Director may record with the County Recorder's Office a notice against a property which is the subject of an enforcement action pending with the City of Carlsbad. 19.04.220 Severabilitv. A. If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter. Each and every provision of this title is severable from remaining provisions. 111 -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 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 26th day of June 2001, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 10th day of JULY 2001, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ATTEST: ww -8-