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.
(Ord. NS-593, 2001)
The California Environmental Quality Act (
Public Resources Code, Sections 21000 et seq.) and the state CEQA guidelines contained in Title 14, Division 6 of Chapter
3, Section 15000 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.
(Ord. NS-593, 2001)
A. The
City Planner, or 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 City Planner
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 City
Planner shall have that responsibility, subject to appeal to the Planning
Commission and City Council. The City Planner 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
City Planner 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
City Planner 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 promptly responded to.
D. Prior
to completing a negative declaration, mitigated negative declaration
or draft EIR, the City Planner may consult directly with any person
or organization the City Planner believes will be concerned with the
environmental effects of the project.
E. If
the City Planner determines that a project is to be carried out or
approved by one or more public agencies in addition to the city, the
City Planner shall first determine which entity will be the lead agency.
F. Whenever
the city is a responsible agency, the City Planner shall provide the
information and responses to the lead agency which the City Planner
deems necessary in order to comply with the statutory responsibilities
of a responsible agency.
(Ord. NS-593, 2001; Ord. CS-079 § I, 2010; Ord. CS-164 § 10, 2011)
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.
B. 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.
(Ord. NS-593, 2001)
Unless the City Planner 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.
(Ord. CS-164 § 10, 2011; Ord. NS-593, 2001)
The City Planner 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 City Planner'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 City Planner. The City Planner 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 City Planner's determination. Any determination may be appealed as provided in Title
21, Chapter
21.54, Section
21.54.140 of this code.
(Ord. NS-593, 2001; Ord. CS-079 § II, 2010; Ord. CS-164 § 10, 2011)
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. Statutory
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,
CC&Rs and building plans. Other ministerial projects include final
inspections, issuance of licenses, utility service connections and
disconnections, city ordered brush clearance of nonsensitive 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 necessary to Sections 15260 to
15285 and Sections 15300 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.
c. General Rule Exemptions. In addition to all other statutory 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:
i. 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; and
ii. Projects that are not specifically listed as categorical or statutory
exemptions but exhibit characteristics similar to one or more specific
exemptions.
B. Exceptions.
Even though a project may otherwise be eligible for an exemption,
no exemption shall apply in the following circumstances:
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;
or
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.
(Ord. NS-593, 2001)
A. The determinations made according 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.
B. Notice
of hearing on appeal before the Planning Commission shall be sent
by first class mail to the applicant and to the appellant.
(Ord. NS-593, 2001; Ord. NS-676 § 9, 2003)
A. The
responsible city department or a private applicant for a city entitlement
shall submit to the City Planner a completed environmental impact
assessment form and supporting environmental studies as an aid in
evaluating environmental impacts.
B. The
City Planner, 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 City Planner 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.
C. If
it is determined that the project will have no significant impact
on the environment, the City Planner 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 City Planner may, with the applicant's agreement, by imposition
of appropriate project conditions, agreements or other 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 subsection
D of this section, if it is determined that a project may have a significant impact on the environment, the City Planner shall prepare or cause to be prepared an EIR according to the requirements of CEQA.
(Ord. NS-593, 2001; Ord. CS-079 § III, 2010; Ord. CS-164 § 10, 2011)
The City Planner shall prepare a negative declaration or a mitigated
negative declaration when he or she finds, after the required initial
study, that the project qualifies for a negative declaration or a
mitigated negative declaration under the provisions of CEQA. The declaration
shall include a statement stipulating that comments on the environmental
document from the public are encouraged.
(Ord. NS-593, 2001; Ord. CS-164 § 10, 2011)
A. If the City Planner 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, Sections
21.54.140 and
21.54.150.
B. Notice
of the hearing on appeal before either the Planning Commission or
the City Council shall be sent by first class mail to the applicant
and to the appellant.
(Ord. NS-593, 2001; Ord. NS-676 § 10, 2003; Ord. CS-164 § 10, 2011)
A. If
the City Planner determines that an environmental impact report is
required for a project, the City Planner 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
and 15375 of the CEQA guidelines. The City Planner shall cause the
NOP to be sent to all property owners within 600 feet of the perimeter
of the subject site. Additionally, the City Planner 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 accessible to the public as determined by the City Planner,
shall be sent to the City Clerk and 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
City Planner, 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 City Planner 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 City Planner 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 division. 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 City Planner
and City Clerk.
E. In
addition to the notice required by state law, the City Planner may
require any additional notice deemed necessary for the project and
shall assess the cost to the applicant.
(Ord. NS-593, 2001; Ord. CS-079 § IV, 2010; Ord. CS-164 §§ 10, 11, 2011)
The City Planner may approve a request from a community group
or interested party for an additional review period. The additional
time for review shall not extend 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.
(Ord. NS-593, 2001; Ord. CS-164 § 10, 2011)
A negative declaration, mitigated negative declaration or EIR shall be forwarded to the City Planner, 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(A) 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 investigation, information and analysis and/or for the inclusion of additional material if the decision-making body determines such to be necessary for a full and complete determination to be made. The City Planner 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 division.
(Ord. NS-593, 2001; Ord. CS-164 §§ 10, 11, 2011)
The Planning Commission or City Council may consolidate a public
hearing on a negative declaration, mitigated 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 a 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.
(Ord. NS-593, 2001)
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 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.
A. Unreasonable
delays by the applicant as determined by the City Planner, shall suspend
these time periods for the period of such delay.
B. These
time periods may be extended in the event that compelling circumstances
justify the additional time and the project applicant consents thereto.
C. 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 City Planner and applicant mutually agree
to an extension of time.
(Ord. NS-593, 2001; Ord. CS-079 § V, 2010; Ord. CS-164 § 10, 2011)
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
21.54.150.
B. Notice
of the hearing on appeal before the City Council shall be sent by
first class mail to the applicant and to the appellant.
(Ord. NS-593, 2001; Ord. NS-676 § 11, 2003)
It is the intent of the city to ensure that all required mitigation
measures to avoid potentially significant effects are effectively
implemented and monitored throughout the project 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 as a reference
in the conditions of approval, incorporated into the subsequent stages
of development review and permitting process and monitored during
construction and final inspection, as well as on an ongoing basis.
The program may contain remedies to ensure compliance with the ongoing
mitigation measures beyond final inspection.
(Ord. NS-593, 2001)
The planning division 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.
(Ord. NS-593, 2001; Ord. CS-164 § 11, 2011)
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.
(Ord. NS-593, 2001)
A. Except as otherwise provided by law, it is unlawful, and an offense punishable as designated in Title
1, 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.
B. 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 City Planner 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.
(Ord. NS-593, 2001; Ord. CS-164 § 10, 2011)
In order to place the public on notice of adverse environmental
conditions which may impact property, recordation of the following
notices on title to real property, as amended from time to time by
the City Attorney, may be required by the city as a condition of approval
for land use entitlements; notice concerning odor environmental impacts,
notice concerning railroad environmental impacts, notice concerning
proximity of the commuter rail transit station, notice concerning
aircraft environmental impacts, notice of multi-impacts, notice and
waiver concerning odor environmental impacts, notice and waiver concerning
railroad environmental impacts, notice and waiver concerning proximity
of a planned or existing commuter rail transit station, notice and
waiver concerning proximity of the planned or existing transportation
corridor(s), notice and waiver concerning aircraft environmental impacts,
and notice and waiver concerning multi-impacts. The County Recorder
shall accept for recordation on title to a real property any of the
specified notices, as amended from time to time by the City Attorney,
provided the notices contain sufficient information and meet all recording
requirements.
(Ord. CS-182 § 1, 2012)
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.
(Ord. NS-593, 2001)