HomeMy WebLinkAbout2010-03-02; City Council; 20144; Amendments to Carlsbad Municipal Code Title 19, Ch 19.04 to Allow Planning Director to approve all EIR consultanct contracts and to add Permit Streamlining Act Requirement to Ch 21.54 - MCA 09-02CITY OF CARLSBAD - AGENDA BILL
20.144AB#
MTG. 3/2/10
DEPT. CED
Amendments to Carlsbad Municipal
Code Title 19, Chapter 19.04 to allow
the Planning Director to approve all EIR
consultant contracts and to add Permit
Streamlining Act requirements to
Chapter 21.54 - MCA 09-02
DEPT.
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. CS-079 APPROVING amendments to
Carlsbad Municipal Code Title 19, Chapter 19.04 to allow the Planning Director to retain an EIR
consultant with approval of the City Manager but, without City Council approval, where the
applicant is paying the City for the cost of the preparation of an EIR and to add Permit
Streamlining Act requirements to CMC section 21.54.050.
ITEM EXPLANATION:
This proposal is the first of several Municipal Code amendments recommended by the City's
Development Review Process Working Group (2009) and consists of a City-initiated
amendment to the CMC Chapter 19.04 to allow the Planning Director to retain an EIR
consultant with approval from the City Manager, without City Council approval, when the
applicant will be paying the City the cost for the preparation of the EIR.
Historically, the City has required that all EIR consultant contracts for more than $100,000 in
cost first be approved by the City Council. However, for most other professional service
contracts the requirement for City Council approval applies only if the direct cost to the City
exceeds $100,000. Since an applicant for a private development project is required by CMC
Title 19 to pay all of the direct costs for the preparation of an EIR for the project, no costs are
incurred by the City. Accordingly, it is recommended that the requirement for City Council
approval be deleted for consistency and since the City's money is not at risk. This amendment
is also recommended to reduce the time necessary to award an EIR consultant contract by 30
to 60 days, thereby streamlining the development process.
In conjunction with the proposed amendment, other minor amendments are being processed
simultaneously to clarify procedural requirements for CEQA processing and to relocate
references to the Permit Streamlining Act found in the State's Government Code to CMC
Chapter 21.54 - Procedures, Hearings, Notices and Fees, specifically 21.54.050 entitled Setting
of Hearing.
DEPARTMENT CONTACT: Chris DeCerbo 760-602-4611 chris.decerbo@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES jtf
Introduced the Ordinance CS-079
Page 2
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
This ordinance amendment is not a "project" within the definition of the California Environmental
Quality Act in that it does not have a direct or indirect impact on the physical environment under
CEQA Regulation 15378(b).
EXHIBITS:
1. Ordinance No. CS-079
2. Redline of CMC sections 19.04.030, 19.04.060, 19.04.090, 19.04.120, 19.04.160,
21.54.050.
/
1 ORDINANCE NO. CS-079
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING CARLSBAD
3 MUNICIPAL CODE TITLE 19, CHAPTER 19.04 AND
CHAPTER 21.54. SECTION 21.54.050
4
The City Council of the City of Carlsbad, California, does ordain as follows:
5
SECTION I: That Section 19.04.030 of the Carlsbad Municipal Code shall be
6
amended to read as follows:
7
19.04.030 - Planning director responsibilities.
8 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
9 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
10 or perform an act, and the person or body to make the determination or perform the act is not
specified, then the planning director shall have that responsibility, subject to appeal to the
11 planning commission and city council. The planning director shall be responsible for the
preparation of any environmental impact report ("EIR"), negative declaration, mitigated negative
12 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.15
C. The planning director may request assistance from any city department or unit, however
titled, other governmental entities or the public as determined to be necessary to carry out these
responsibilities. Such requests for assistance shall be responded to promptly.
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 or she 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 or she shall first determine which entity will be
~. the lead agency.
22 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.
24 SECTION II: That Section 19.04.060 of the Carlsbad Municipal Code shall be
amended to read as follows:
19.04.060 - Determination of exemption and exception.
A. The planning director shall determine whether a private or public project is a ministerial
27 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
28 weekly for five business days in conspicuous places accessible to the public as determined by
1 the planning director. 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
2 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
3 code.
4 SECTION III: That Section 19.04.090(6) of the Carlsbad Municipal Code shall
5 be amended to read as follows:
6 19.04.090-Initial Study
B. The planning director, with assistance from city departments or unit, however titled, shall
7 review each project for which an initial study form has been filed. Such requests for assistance
shall be promptly responded to. If the project is not categorically exempt, the planning director
8 shall conduct an initial study to determine if the project may have a significant effect on the
environment and determine the appropriate level of environmental review necessary.
10 SECTION IV: That Section 19.04.120 of the Carlsbad Municipal Code shall be
11 amended to read as follows:
12 19.04.120 - Preparation of environmental impact report.
A. If the planning director determines that an environmental impact report is required for a
13 project, he or she shall immediately send notice of preparation (NOP) to all parties as provided
in Public Resources Code section 21080.4 (PRC) or any successor statute and sections 15082
14 and 15375 of the CEQA guidelines. The planning director shall cause the NOP to be sent to all
property owners within six hundred feet of the perimeter of the subject site. Additionally, he or
15 she may send the NOP to all persons or organizations that he or she believes may have an
interest in the proposed project or related issues. Notices for projects with potential impacts of
16 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
17 and mailing to all persons who have previously requested such notice. All notices of preparation
shall be posted in conspicuous places assessable to the public as determined by the planning
director, shall be sent to the city clerk and county clerk to be posted for a period of at least thirty
days and shall be sent to the State Clearinghouse when appropriate.
2 B. The planning director, with the approval of the city manager, may enter into a contract with a
private consultant(s) for the preparation of a draft EIR. The cost for such consultant(s) shall be
~. paid in advance of work performed, by the applicant. The applicant shall have no direct contact
with the consultant unless approved by the planning director or designee upon advice from the
22 city attorney. The consultant shall not be an employee or affiliate of the applicant.
23 C. Copies of the draft EIR may be submitted for comment to any agencies and persons that the
planning director determines to be necessary. The draft report shall be mailed to the applicant
24 and a copy shall be available to the public in the planning department. A copy shall also be
furnished and made available to both public libraries until filing of the notice of determination by
25 the city.
26 D. At the same time, a notice of completion shall be posted in conspicuous places accessible to
the public as determined by the planning director and city clerk.
27 E. In addition to the notice required by state law, the planning director may require any
28 additional notice deemed necessary for the project and shall assess the cost to the applicant.
-2-
1
SECTION V: That Section 19.04.160 of the Carlsbad Municipal Code shall be
2
amended to read as follows:
3
19.04.160 - Time limits for preparation of environmental documents.
4 A. In accordance with CEQA, Section 21151.5, completion and adoption of a negative
declaration or mitigated negative declaration shall not exceed one hundred eighty calendar days
5 from the date the application for proposed development is determined or deemed complete.
Completion and certification of an EIR shall not exceed one year from the date that the
6 application is determined or deemed complete.
7 1. Unreasonable delays by the applicant as determined by the planning director, shall suspend
these time periods for the period of such delay.
8
2. These time periods may be extended in the event that compelling circumstances justify the
9 additional time and the project applicant consents thereto.
10 3. if any form of an EIR is prepared under contract with a private consultant, such contract shall
be executed within 45 days from the date on which the NOP is sent, unless the planning director
1 and applicant mutually agree to an extension of time.
12 SECTION VI: That Section 21.54.050 of the Carlsbad Municipal Code shall be amended
to read as follows:
14 21.54.050 - Setting of hearing
A. All proposals for amending zone or general plan boundaries reclassifications or for the
granting of any development permit or approval requiring a hearing as provided in this title shall
be set for hearing by the director when such hearings are to be held before the planning
commission and by the city clerk for hearings to be held before the city council. Conditional uses
in the coastal zone shall be subject to the requirements of this chapter and the additional
requirements of Chapter 21.81 or 21.201 as applicable.
18 B. The Permit Streamlining Act does not apply to legislative actions and likewise does not
require that permit applications be deemed approved if not acted on within the statutory period
when such permit applications would require legislative changes in applicable general plans,
2Q zoning ordinances or other controlling land use legislation.
C. The city shall approve or disapprove a project within sixty days if the project is determined to
be exempt.
222.L
23
24 ///
25 ///
26 ///
27 ///
28
-3-
1 EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption
2 and the City Clerk shall certify the adoption of this Ordinance and cause it to be published at
3 least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days
4 after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
6 Council on the day of 2010, and thereafter.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Carlsbad on the day of 2010, by the following vote, to wit:
9 AYES:
10 NOES:
11 ABSENT:
12 ABSTAIN:
13
14 APPROVED AS TO FORM AND LEGALITY
15
16 RONALD R. BALL, City Attorney
17
18
CLAUDE A. LEWIS, Mayor
20 ATTEST:
21
22
23 LORRAINE M. WOOD, City Clerk
24 (SEAL)
25
26
27
28
-4-
Z.
19.04.030 - Planning 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 perform an act, and the person or body to make the
determination or perform 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 or unit
however titled, other governmental entities or the public as determined to be
necessary to carry out these responsibilities. All department heads shall respond
promptly to all roquosts for information or assistance mado by the planning director.
Such requests for assistance shall be responded to promptly.
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 or
she 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 or she shall first determine which
entity will be the lead agency.
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.
19.04.060 - Determination of exemption and exception.
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 boardin conspicuous places accessible to the public
in the planning department as determined by the planning director. 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.
19.04.090-Initial Study
B. The planning director, with assistance from city departments or staff as appropriate unit,
however titled, shall review each project for which an initial study form has been filed. Such
requests for assistance shall be promptly responded to. 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 and determine the appropriate level of environmental
review necessary.
19.04.120 - Preparation of environmental impact report.
A. If the erty-planning director determines that an environmental impact report is
required for a project, the cityhe or she shall immediately send notice of preparation
(NOP) to all parties as provided in Public Resources Code Ssection 21080.4 (PRC) or
any successor statute and Ssections 15082 and 15083.515375 of the CEQA guidelines.
The ertv-planning director shall sefld-cause the NOP to be sent to all property owners
within six hundred feet of the perimeter of the subject site. Additionally, the city he or
she may send the NOP to all persons or organizations that the city he or she 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 in conspicuous places
on a bulletin board accessible available to the public in the planning departrnefrtas
determined by the planning director, shalldirector, shall be sent to the city clerk and
county clerk to be posted for a period of at least thirty days and shall be sent to the
State Clearinghouse when appropriate.
B. The planning director may, with the approval of the city council managerif necessary,
may enter into a contract with a private consultant(s) for the preparation of a draft EIR.
The cost for such consultant(s) shall be paid in advance of work performed, by the
applicant. The applicant shall have no direct contact with the consultant unless
approved by the-erty planning director or designee upon advice from the city attorney.
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 persons
that the planning director determines to be necessary. The draft report shall be mailed
to the applicant and a copy shall be available to the public in the planning department. A
copy shall also be furnished and made available at each of theto both Carlsbad slty
public 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 in
conspicuous places -accessible to the public in the planning department as determined
by the planning director and city clerk.
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.
)0
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 one hundred eighty calendar days
from the date the application for proposed development is determined or deemed complete.
Completion and certification of an EIR shall not exceed one year from the date that the
application is determined or deemed complete.
1. Unreasonable delays by the applicant as determined by the planning director, shall suspend
these time periods for the period of the unreasonable delay of such delay.
2. These time periods may be extended in the event that compelling circumstances justify the
additional time and the project applicant consents thereto.
2-.—The Permit Streamlining Act does not apply to legislative actions and likewise does not
require -teat permit- applications be deemed approved if 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.
3v The city shall approve or disapprove a project within sixty days if the project is determined to
be exempt
3. If any form of an EIR is prepared under contract with a private consultant, such contract shall
be executed within 45 days from the date on which the MOP is sent, unless the planning director
and applicant mutually agree to an extension of time.
21.54.050 - Setting of hearing
A. All proposals for amending zone or general plan boundaries reclassifications or
for the granting of any development permit or approval requiring a hearing as
provided in this title shall be set for hearing by the director when such hearings are
to be held before the planning commission and by the city clerk for hearings to be
held before the city council. Conditional uses in the coastal zone shall be subject to
the requirements of this chapter and the additional requirements of Chapter 21.81
or 21.201 as applicable.
B. The Permit Streamlining Act does not apply to legislative actions and likewise
does not require that permit applications be deemed approved if 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
uselegislation.
C. The city shall approve or disapprove a project within sixty days if the project is
determined to be exempt.
\s>
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 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
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
February 20th, 2010
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Escondido, California
This 22nd day of February 2010
Proof of Publication of
Texanne Schaden
NORTH COUNTY TIMES
Legal Advertising
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIV-EN to you, because your interest
may be affected, that the City Coun-
cil of the City of Carlsbad will hold a
public hearing at the Council Cham-
bers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m. on
Tuesday, March 2, 2010, to considera proposal to amend the Municipal
Code as recommended by the City'sDevelopment Review Process Work-
ing Group (2009) and consists of a
City-initiated amendment to the CMC
Chapter 19.04 to allow the Planning
Director to retain an EIR consultant
with approval from the City Manager,
without City Council approval, when
the applicant will be paying the City
the cost for the preparation of the
EIR. In conjunction with the pro-
posed amendment, other minor
amendments are being processed
simultaneously to clarify procedural
requirements for CEQA processing
and to relocate references to the
Permit Streamlining Act found in the
State's Government Code to CMC
Chapter 21.54 - Procedures, Hear-
ings, Notices and Fees, specifically
21.54.050 entitled Setting of Hearing.
Those persons wishing to speak on
this proposal are cordially invited to
attend the public hearing. Copies of
the agenda bill will be available on
and after February 26, 2010. If you
have any questions, please contact
Chris DeCerbo in the Planning De-
partment at (760) 602-4611 or
chris.decerbo@carlsbadca.gov.
If you challenge the Municipal CodeAmendment in court, you may be
limited to raising only those issues
you or someone else raised, at the
public hearing described in this no-
tice or in written correspondence de-
livered to the City of Carlsbad. Attn:
City Clerk's Office, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008,at or prior to the public hearing.
CASEFILE:AMENDMENTS TOCARLSBAD MUNICIPAL CODE TI-TLE 19, CHAPTER 19.04 TO AL-
LOW THE PLANNING DIRECTORTO APPROVE ALL EIR CONSULT-
ANT CONTRACTS AND TO ADD
PERMIT STREAMLINING ACT RE-
QUIREMENTS TO CHAPTER 21.54
CASE NAME: MCA 09-02
PUBLISH February 20, 2010
CITY OF CARLSBAD
CITY COUNCILNCT 2248785
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, March 2, 2010, to
consider a proposal to amend the Municipal Code as recommended by the City's Development
Review Process Working Group (2009) and consists of a City-initiated amendment to the CMC
Chapter 19.04 to allow the Planning Director to retain an EIR consultant with approval from the
City Manager, without City Council approval, when the applicant will be paying the City the cost
for the preparation of the EIR. In conjunction with the proposed amendment, other minor
amendments are being processed simultaneously to clarify procedural requirements for CEQA
processing and to relocate references to the Permit Streamlining Act found in the State's
Government Code to CMC Chapter 21.54 - Procedures, Hearings, Notices and Fees,
specifically 21.54.050 entitled Setting of Hearing.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after February 26, 2010. If you have
any questions, please contact Chris DeCerbo in the Planning Department at (760) 602-4611 or
chris.decerbo@carlsbadca.gov.
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. Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLE 19, CHAPTER
19.04 TO ALLOW THE PLANNING DIRECTOR TO APPROVE ALL EIR
CONSULTANT CONTRACTS AND TO ADD PERMIT STREAMLINING ACT
REQUIREMENTS TO CHAPTER 21.54
CASE NAME: MCA 09-02
PUBLISH: February 20, 2010
CITY OF CARLSBAD
CITY COUNCIL
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MCA 09-02
AMENDMENTS TO CMC
CHAPTERS 19.04 AND 21.54
Development Review Process
Working Group (2009)
The first of several recommended Municipal Code
Amendments.
Chapter 19.04 –Environmental
Protection Procedures
Allow the Planning Director to retain an EIR
consultant, with approval of the City Manager,
without City Council approval,when the
applicant will be paying the City for the cost of
preparing an EIR.
City Council approval is not required since the City’s
$ is not at risk.
Benefit -streamline the development review
process by 30-60 days.
Chapter 21.54 –Procedures,
Hearings, Notices and Fees
Incorporates State Permit Streamlining Act (PSA)
provisions.
The (PSA) does not apply to legislative actions (i.e.
General Plan Amendments, Zone Changes, Master
Plan Amendments).
Therefore, any permit applications for development
(i.e. Planned Developments, Tentative Maps, Site
Development Plans) that also require approval of a
legislative application are not subject to the
statutory time periods of the PSA.
Recommendation
Approve MCA 09-02