HomeMy WebLinkAbout1981-01-06; City Council; Resolution 6401RESOLUTION NO. 6401
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
THE GUIDELINES TO IMPLEMENT THE CITY OF
CARLSBAD ENVIRONMENTAL PROTECTION
ORDINANCE OF 1980 AS ADOPTED BY
RESOLUTION NO. 6214 BY THE ADDITION
OF EXHIBITS H AND I.
WHEREAS the City Council of the City of Carlsbad has adopted
3rdinance No. 9557 amending Title 19, Chapter 19.04 of the
Clarlsbad Municipal Code to be known as the City of Carlsbad
Environmental Protection Ordinance of 1980; and
WHEREAS, said ordinance provides that guidelines shall be
adopted to establish the procedures for implementation of said
Drdinance; and
WHEREAS, by Resolution No. 6214, the City Council of the
City of Carlsbad adopted Exhibit A through G inclusive, attached
thereto and made a part thereof, and which exhibits constitute
the guidelines for implementation of the City of Carlsbad
Environmental Protection Ordinance of 1980; and
WHEREAS, it is necessary to adopt additional guidelines to
implement the revisions the City of Carlsbad Environmental
Protection Ordinance of 1980;
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. That Exhibits H and I, attached hereto and made a part
hereof, are hereby approved and constitute additional guidelines
for implementation of the City of Carlsbad Environmental
Protection Ordinance of 1980.
3. That Exhibits A through G inclusive, to Resolution
1
2
3
4
5
6
7
8
9
IO
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12 n
19
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No. 6214 and Exhibits H and I to this resolution, shall constitute
the guidelines for implementation of the City of Carlsbad
Environmental Protection Ordinance of 1980.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad, California at a reguolar meeting held on the
6th day of Januarv , 198'1 by the following vote, to wit:
Council Members Casler, Anear, Lewis and Kulchin AYES :
NOES :
ABSENT
None
Council Member Packard
PACKARD , Mayor ER, Vice-Mayor
ATTEST :
-2-
'-
EXHIBIT H
DECISION-MAKING BODIES
For purposes of the Carlsbad Environmental Protection Ordinance of 1980, a decision-making body includes the first person or group of people authorized to make a
decision of significance on the project. A decision of
significance (a) is final--except for the possibility of
appeal; or (b) is a substantive recommendation required
by ordinance or other law to another decision-making body; or (c) has a generally lasting effect. Recommenda-
tions of staff generally are not decisions of significance.
If the decision of more than one decision-making body is
necessary under applicable provisions of the Carlsbad
Municipal Code for a final determination on a project,
the decision-making body to first act on the project
shall also approve or disapprove the negative declara-
tion. If the first decision-making body disapproves
the negative declaration, that action shall be final (Section 19.04.150 (b) ) . If the first decision-making body approves the negative declaration and the project will be reviewed by a subsequent decision-making body without the necessity for appeal, the subsequent decision-
making body may, at the request of any interested party,
conditionally approve or disapprove the negative declaration.
This regulation implements and clarifies Sections 19.04.030(g); 19.04.040(g); 19.04.140 and 19.04.150 of the Carlsbad Municipal Code. It is necessary to insure that the first decision-making body reviewing a project according to city procedures also
review and consider the environmental documents and make the determination required by the Carlsbad Environmental Protection
Ordinance of 1980.
d
EXHIBIT I
NOTICE OF PREPARATION
Section 19.04.120 of the City of Carlsbad Environmental Protection
Ordinance of 1980 and the decision of the California Supreme Court
in Woodland Hills Residents Committee v. City Council of the City
of Los Angeles, 26 Cal.3d 928 (1980) require that public notice
be given prior to the preparation of a negative declaration or an environmental impact report. In order to insure that the public is given adequate information on each project, the public notice of such preparation, whether published, mailed or posted shall substantially conform with the "Public Notice of Preparation"
which is a part of this exhibit:
PUBLIC NOTICE OF PREPARATION
PLEASE TAKE NOTICE:
The Planning Department of the City of Carlsbad intends to prepare
a Negative Declaration, Environmental Impact Report for the following project:
Project Title:
Project Location:
Project Description:
Anticipated significant impacts:
We need to know your ideas about the effects this project might
have on the environment and your suggestions for ways the project could
be revised to reduce or avoid any significant environmental damage.
Your ideas will help us decide what issues to analyze in the environ-
mental review of this project.
Your comments on the environmental impact of the proposed project may be submitted in writing to the Planning Department, 1200 Elm
Avenue, Carlsbad, CA 92008, no later than
Dated :
JAMES C. HAGAMAN, Planning Director