Chapter 19.04 — ENVIRONMENTAL PROTECTION PROCEDURES

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. Unless otherwise specified in this code, 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.

• C. The City Planner, with the approval of the City Manager, may enter into a contract with a private consultant(s) to prepare or review all studies, reports, and other documents required or permitted by CEQA, the CEQA Guidelines, or other applicable laws or regulations, including those studies, reports, or other documents submitted by the project proponent or any other party. In all cases, the consultant shall enter into a contract with and shall be responsible directly to the city. All services shall be performed to the satisfaction of the City Manager, or designee. 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.

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City of Carlsbad, CA

ENVIRONMENT

§ 19.04.030

§ 19.04.070

• D. 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.

• E. 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.

• F. 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.

• G. 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; Ord. CS-485, 2/4/2025)

• A. When a city board or commission is the final decision-making body for a project, except for the possibility of appeal, it is the responsibility of the board or commission to make an environmental decision prior to approving, conditionally approving, or denying the project as described in the CEQA decision for the project. The environmental decision of the board or commission shall be final unless appealed to the City Council in accordance with this chapter.

• B. When the City Council is the final decision-making body for a project, but a city board or commission review of the project is required, it is the responsibility of the city board or commission to make a recommendation to the city council regarding the environmental decision, in accordance with CEQA, and make a recommendation regarding whether the project should be approved, conditionally approved, or denied.

• (Ord. NS-593, 2001; Ord. CS-485, 2/4/2025)

Unless a city official, city board or commission is the final decision-making body for a project, it is the responsibility of the City Council to hold a hearing on and make an environmental decision in accordance with CEQA prior to approving, conditionally approving, or denying the project. (Ord. CS-164 § 10, 2011; Ord. NS-593, 2001; Ord. CS-485, 2/4/2025)

Prior History: Ord. NS-593, 2001; Ord. CS-079 § II, 2010; Ord. CS-164 § 10, 2011; repealed by Ord. CS-485, 2/4/2025.

• A. The following sections implement Section 15300.4 of the CEQA guidelines which requires 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

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City of Carlsbad, CA § 19.04.070

CARLSBAD CODE

§ 19.04.070

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. Determination Procedures. Preliminary determinations as to whether a statutory, categorical or general rule exemption is warranted are made by the City Manager, or designee, prior to or concurrent with notice of a complete application. Prior to project approval, the City Manager, or designee, shall prepare a notice of exemption, which shall be placed in the project file and be available for public review. Prior to final action by the decision-making body on the project, the notice of exemption shall be reviewed and certified by the appropriate decision-makers as part of the approval action. Written findings supporting the determination on the environmental status and shall be considered prior to

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City of Carlsbad, CA

ENVIRONMENT

§ 19.04.070

§ 19.04.090

approval of the project and be included on the notice of exemption.

• C. 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 of 1973 (16 U.S.C. Section 1531 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; Ord. CS-485, 2/4/2025

Prior History: Ord. NS-593, 2001; Ord. NS-676 § 9, 2003; repealed by Ord. CS-485, 2/4/2025.

• 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 City Planner makes a preliminary determination that the project is not exempt from CEQA, 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

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City of Carlsbad, CA

CARLSBAD CODE

§ 19.04.090

§ 19.04.120

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; Ord. CS-485, 2/4/2025

The City Planner shall prepare a notice of intent to adopt 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 notice shall include a statement stipulating that comments on the environmental document from the public are encouraged. Notice of intent to adopt a negative declaration or a mitigated negative declaration shall be given in accordance with Sections 15072, 15205, and 15206 of the CEQA guidelines. Early tribal consultation is also required pursuant to Public Resources Code Sections 21080.3.1 and 21080.3.2.

(Ord. NS-593, 2001; Ord. CS-164 § 10, 2011; Ord. CS-485, 2/4/2025

Prior History: Ord. NS-593, 2001; Ord. NS-676 § 10, 2003; Ord. CS-164 § 10, 2011; repealed by Ord. CS-485, 2/4/2025.

• A. If the City Planner determines that an environmental impact report is required for a project, the City Planner shall immediately send a notice of preparation (NOP) to all parties as provided in Public Resources Code Section 21080.4 or any successor statute and Sections 15082, 15083, 15086 and 15375 of the CEQA guidelines. Early tribal consultation is also required pursuant to Public Resources Code Sections 21080.3.1 and 21080.3.2. 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 shall provide public notice of availability of a draft EIR in accordance with CEQA guidelines Section 15087 and Public Resources Code Section 21092 concurrent with the notice of completion is filed. 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.

• C. At the same time, a notice of availability shall be posted in conspicuous places accessible to the public as determined by the City Planner and City Clerk.

• D. In addition to the notice required by state law, the City Planner may require any additional

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City of Carlsbad, CA

ENVIRONMENT

§ 19.04.120

§ 19.04.160

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; Ord. CS-485, 2/4/ 2025)

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)

Any time a public hearing is held on the decision to carry out or approve a project, the decisionmaking body shall also consider the CEQA issues. Notice of the hearing shall be given as provided in Section 21.54.060(A) of this code. At the hearing, the city board or commission or City Council shall hear staff comments on the notice of exemption or 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 notice of exemption or 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; Ord. CS-485, 2/4/2025)

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

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City of Carlsbad, CA § 19.04.160

CARLSBAD CODE

• 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 a decision by the Planning Commission on an environmental decision under this chapter 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.

• C. Pending resolution of a timely appeal, decision on the project shall be stayed and no approval, lease, permit, license, certificate, or entitlement may be issued and no work may proceed. Required time limits to hear or act on any appeal of the CEQA clearance or the approval or appeal of any related project approvals shall automatically be extended as necessary to comply with this chapter.

• (Ord. NS-593, 2001; Ord. NS-676 § 11, 2003; Ord. CS-485, 2/4/2025)

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)

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City of Carlsbad, CA

ENVIRONMENT

§ 19.04.210

§ 19.04.220

• 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)

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City of Carlsbad, CA