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HomeMy WebLinkAbout2010-03-09; City Council; 20148; Amendment to Carlsbad Municipal Code EIR Consultant Contracts and Permit Streamlining Act RequirementsCITY OF CARLSBAD - AGENDA BILL 4 RECOMMENDED ACTION: //I Adopt Ordinance No. CS-079, amending Chapter 19.04, Sections 19.04.030, 19.04.060, 19.04.090, 19.04.120, and 19.04.160 to allow the Planning Director to retain EIR consultants with the approval of the City Manager when the applicant pays the cost of preparation of an EIR; and amending Chapter 21, Section 21.54.050 to add Permit Streamlining Act requirements to the Municipal Code. ITEM EXPLANATION: Ordinance No. CS-079 was introduced and first read at the City Council meeting held on March DEPT. HEAD . AW. : )J CITY MGR. AB# 20,148 MTG. 3-9-10 DEPT. CLERK 2, 2010. The second reading allows the City Council to adopt-the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. AMENDMENT TO MUNICIPAL CODE REGARDING EIR CONSULTANT CONTRACTS AND PERMIT STREAMLINING ACT REQUIREMENTS FISCAL IMPACT: See AB #20,144 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-079. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.~ov FOR CIN CLERKS USE ONLY. COUNCIL ACTION: APPROVED @ CONTINUED TO DATE SPECIFIC DENIED CONTINUED TO DATE UNKNOWN CONTINUED RETURNEDTOSTAFF WITHDRAWN OTHER - SEE MINUTES AMENDED ORDINANCE NO. CS-079 AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA AMENDING CARLSBAD MUNICIPAL CODE TITLE 19, CHAPTER 19.04 AND CHAPTER 21.54, SECTION 21.54.050 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 19.04.030 of the Carlsbad Municipal Code shall be amended to read as follows: 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 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. 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. 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 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 in conspicuous places accessible to the public 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. SECTION Ill: That Section 19.04.090(B) of the Carlsbad Municipal Code shall be amended to read as follows: 19.04.090 - Initial Studv B.'The planning director, with assistance from city departments or 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. SECTION IV: That Section 19.04.120 of the Carlsbad Municipal Code shall be amended to read as follows: 19.04.120 - Preparation of environmental impact report. A. If the planning director determines that an environmental impact report is required for a project, he or she shall immediately send notice of preparation (NOP) to all parties as provided in Public Resources Code section 21 080.4 (PRC) or any successor statute and sections 15082 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 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 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 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. 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 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 to both public libraries until filing of the notice of determination by the city. 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. 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. SECTION V: That Section 19.04.1 60 of the Carlsbad Municipal Code shall be amended to read as follows: 19.04.1 60 - 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 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. 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 and applicant mutually agree to an extension of time. SECTION VI: That Section 21.54.050 of the Carlsbad Municipal Code shall be amended to read as follows: 21.54.050 - Settina of hearinq 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 use legislation. C. The city shall approve or disapprove a project within sixty days if the project is determined to be exempt. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption and the City Clerk shall certify the adoption of this Ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within ffieen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 2nd day of March, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of March, 2010 by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackbum. NOES: None. ABSENT: Mayor Pro Tern Kulchin. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY n --Q-R~S~ RONALD R. BALL, City Attomey ATTEST: 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 23rdf & March 02"~~ 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California This 02" day of March 20=_ I NORTH COUNTY TIMES ~ Legal Advertising This space is for the County Clerk's Filing Stamp -- RESOLUTION NO. 2010-023 A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE A PORTION OF EL CAMINO REAL LOCATED BETWEEN CRESNIEW DRIVE AND LISA STREET AND SETTING A PUBLIC HEARING. WHEREAS. Khaled Chehade Familv Trust and Khaled Chehade Familv Trust dated October 1, 1986, owners of piopetty described as Parcel "A andeParcel 6, respectively of Ci of Carlsbad Certificate of Compliance for Adjustment Plat 03-17, ~ecorded Yinuary 21, 2005, in the Office of the Recorder of said San Diego County, as Document No. 2005-0054769 of Official Records, has filed an ap lication to vacate a portion of El Camino Real; and WHEREA~, the City Engineer on July 16, 2007 approved Minor Subdivision - 05-10 for the Eucalyptus Minor Subdivision; and - WHEREAS, the tentative parcel map for MS 05-10 contemplated the vacation of a portion of El Camino Real; and WHEREAS, the City Engineer has determined that this portion of El Camino Real is not needed for Dresent or future street Dumoses: and WHEREAS, the proposed vacation is in accordan'ce with the Growth Manage- ment Policies and is consistent with the General Plan of the City. - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. It is Council's intention that easements and rights necessary to maintain, operate, replace, remove or renew in-dace Dublic utilitv facilities will be re- sewed and'excepted from the vacation ' ' 3 It is Council's said Intention to vacate. lor publtc street purposes, a portlon of El Camino Real descr~bed In Exhlbit 'A-1 ' and 'A-2' and shown for the sake of clarity on Exhibit "6-1" and "8-2". 4. It also shall be Council's said intention to conduct the proceedings for this street vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 5. A public hearing shall be held at the City Council Chambers at 1200 Carls- bad Village Drive, Carlsbad, California, at 6:00 p.m., on March 9, 2010 for all persons interested in or objecting to said proposed vacation. 6. The Citv Clerk is instructed to ~ublish this resolution of intention in the local newspaper and the City En me& IS ~nstructed to post such notlces along the site in accordance with the ealifornla Streets and Highways Code. PASSED. APPROVED AND ADOPTED at a Reoular Meetlno of the Citv Coun- c~l of the Clty of Carlsbad on the 16th day of ~gbruary, 2015, by the f6lkwynq vote, to wit: AYES: Council Members Lewis, Kulchin, Hall. Packard and Biackburn. NOES: None. ABSENT: None. /s/CLAUDE A. LEWIS. Maym ATTEST: Is/ RRAINE M. WOOD. Citv Clerk 1 LL) EXHIBIT "A-I" STREET VACATION - EL CAMINO REAL i A PORTION OF THE PUBLIC RIGHT-OF-WAY OF EL CAMINO REAL AS SHOWN ON ROAD COUNTY SURVEY NO. 682 FILED IN THE COUNTY OF SAN DIEGO, AS DESCRIBED IN EASEMENT FOR COUNTY HIGHWAY, RE- CORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFI- CIAL RECORD, LYING WITHIN PARCEL "A" OF ClTY OF CARLSBAD CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT 03-17 RE- CORDED JANUARY 21, 2005, IN THE OFFICE OF THE RECORDER OF SAlD SAN DlEGO COUNTY, AS DOCUMENT NO. 2005-0054769 OF OFFI- CIAL RECORDS (APN 208-040-1 I), CONSISTING OF THAT RIGHT-OF- WAY LYING SOUTHERLY OF A LlNE DISTANT 63.00 FEET SOUTHERLY OF AND CONCENTRIC TO THE CENTERLINE OF EL CAMINO REAL PER ROAD SURVEY 1800-1 (A13B), APPROVED BY THE COUNTY ENGINEER OF SAN DlEGO COUNTY, ON JANUARY 6,1969. CONTAINING 0.013 ACRES, MORE OR LESS. EXHIBIT "A-2" STREET VACATION - EL CAMINO REAL A PORTiON OF THE PUBLIC RIGHT-OF-WAY OF EL CAMINO REAL AS SHOWN ON ROAD COUNTY SURVEY NO. 682 FILED IN THE COUNTY OF SAN DlEGO AS DESCRIBED IN EASEMENT FOR COUNTY HIGHWAY RE- CORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFI- CIAL RECORD, LYING WITHIN PARCEL "6" OF ClTY OF CARLSBAD CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT 03-17 RE- CORDED JANUARY 21, 2009. IN THE OFFICE OF THE RECORDER OF SAlD SAN DlEGO COUNTY, AS DOCUMENT NO. 2005-0054768 OF OFFI- CIAL RECORDS (APN 208-040-12), CONSlSTtNG OF THAT RIGHT-OF- WAY LYING SOUTHERLY OF A LlNE DISTANT 63.00 FEET SOUTHERLY OF AND CONCENTRIC TO THE CENTERLINE OF EL CAMINO REAL PER ROAD SURVEY 1800-1 (A13B), APPROVED BY THE COUNTY ENGINEER OF SAN DlEGO COUNTY, ON JANUARY 6,1969. CONTAINING 0.061 ACRES. MORE OR LESS. - --. NCT 2249568 02/23, 03/02/2010