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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 AM3AV-O9-008-1 uojpnnsuj.p a||jnaj B| iuauia6.ieip ap sues ®091S ®AM3AV lueqefi J3|ad e CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Yajnjeaj |aa,j Aseg joj.®09LS 31\ndl/\l3i ®*J3AV 3«n |aad Aseg 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