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HomeMy WebLinkAboutOrd 1973-1459 ORDINANCE NO. 1459 AN ORDINANCE OF THE CITY OF CHULA VISTA AbiENDING CHAPTER 35 BY ADDING THERETO A NEW ARTICLE 6 ESTABLISHING ENVIRONMENTAL REVIEW PROCEDURES The City Council of the City of Chula Vista does ordain as follows : SECTION I : That Chapter 35 of the Chula Vista City Code be, and the same is hereby amended by adding thereto a new Article 6 to read as follows : ARTICLE 6 . CHULA VISTA ENVIRONMENTAL P.EVIEF7 PROCEDURES. Sec. 35 . 601 . Purpose and Intent. It is the intent of the City Council to establish procedures in accordance with the Environmental Quality Act of the State of California to regulate the activities of private iridividuals and corporations and public agen- cies which are found to have an effect upon the quality of the environment. The purpose of this ordinance is to conform the policies and regulations of the City of Chula Vista to the requirements of federal and state law in developing and maintaining a sound and livable environment. The procedures established herein are intended to lead to the regulation of development activities so as to pre- vent insofar as possible environmental damage. In conjunction with the California Environmental Quality Act, this ordinance is intended to achieve the following goals: 1 . To maintain a quality environment for the people of Chula Vista now, and in the future, and to promote a high quality environment that, at all times is healthful and pleasing to the senses and to the intelligence of man. 2 . To understand the relationship between the main- tenance of a high quality ecological system and the general welfare of the people of Chula Vista, including their enjoyment of natural resources. 3 . To take immediate steps to identify any critical thresholds for the health and safety of the people of Chula Vista and to take all possible coordinated acts necessary to prevent such thresholds from being reached. Further, it is recognized that the management of our natural resources requires a balancing of policies and practices based upon a systematic concerted effort by public and private interests to enhance environmental quality and to control environmental affronts . - 1 - Sec . 35 . 602 . Definitions. Definitions used in this ordinance shall be construed in the context of definitions provided in the California Environmental Quality Act of 1970 and the California Administrative Code; Division 6 , Title 14 , Chapter 3 , Article 4 , Sections 15020-15040 . -All subsequent cita- tions of the California Administrative Code in this ordinance pertain to the above division, title and chapter. The various laws , codes , documents and committees shall generally .be designated in this ordinance by the following initials : California Environmental Quality - CEQA Act of 1970 California Administrative Code - CAC Environmental Impact Report - EIR Environmental Assessment - EA Environmental Review Committee - ERC Environmental Impact Report (EIR) . An Environmental Impact Report is a document prepared from information supplied by private persons or corporations or public agencies seeking to carry out developments and projects requiring discretionary actions by the City of Chula Vista in order to proceed with said projects , e.g. , rezonings , subdivis'ion approval , etc . The report will inform public decision makers and the general public of the environmental effects of projects which said persons or agencies propose to carry out or approve. The EIR process is intended to enable public agencies to evaluate a project to determine whether it may have a significant effect on the environment, examine and institute methods of reducing adverse impacts , and consider alternatives to the project as proposed. These requirements must be fulfilled prior to approval or dis- approval of the project. An EIR may not be used as an instrument to rationalize approval of a project, nor do indications of adverse impact, as enunciated in an EIR, require that a project be disapproved. The EIR is to be viewed as an informational document and public agencies fully retain existing authority to balance environmental objectives aiith economic and social ob- jectives . Environmental Assessment (EA) . An Environmental Assessment is in ormation provided to the ERC in a form required by said Committee. The ERC shall assess the information in the EA and determine if there will be any significant adverse environmental impact from the proposed project. An EA is also included in an EIR to provide direction for areas of emphasis in the report. - z - /�� a� Lead Agency. Where a project is to be carried out or approved by more than one public agency, only one EIR or Negative Declaration shall be made , and it will be prepared 'by the Lead Agency. Where two or more public agencies are involved with a project, which agency shall be the Lead Agency shall be determined in accordance with the CAC, Section 15065 . Obligations of the Lead Agency shall be in accordance with CAC, Section 15066 . Sec. 35 . 603 . Projects Requiring EIR. (A) General Rule. The requirements set forth in this ordinance apply to projects which may have a significant effect on the environment and which involve discretionary governmental action. No EIR shall be required where it can be determined with certainty that the activity in question will not have a significant effect on the en- vironment, the activity is not subject to the require- ments set forth in the CEQA and the State Guidelines. (B) Projects Requiring Preparation of EIR. (1) Public Projects. When a City department or a special district plans to carry out a project which may have a significant effect on the environment and in- volves a discretionary act, the department or special district shall prepare an EIR or an EA through its own efforts or through contract. When joint projects�with other public and/or non-governmental persons are contemplated, provisions of CAC, Section 15061 (b) and (c) shall apply. (2) Private Projects . Projects undertaken by a person other than a public agency which are supported in whole or part through contracts , grants, subsidies, loans , or other forms of assistance from one or more public agencies or which involve the issuance to a person of a lease, permit, license, certi- ficate, or other entitlement by one or more public agencies require the preparation of an Environmental Impact Report if the project may have a significant effect on the environment and the projects involves discretionary govern- mental action unless the project is otherwise exempted by this ordinance. The City of Chula Vista shall be responsible for the preparation of Environmental Impact Reports. (3) Special Considerations for Use of EIR' s . When substantial changes are proposed in a project; where substantial changes in circumstances under which a project is undertaken; where more than one project is to be undertaken under the purview of one EIR; where a project is to be undertaken in phases; the provisions of CAC Sections 15067-15069 shall govern. An on-going project shall be governed by CAC Section 15070. - 3 - (C) Projects Not Requiring Preparation oj EIR. (1) Emergency Projects. The following emergency projects are exempt from the requirement for an Environmenfal Impact Report: (a) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore , demolish or replace property or facilitate damaged or destroyed as a result of a disaster in a stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. _ (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects undertaken as immediate action neces- sary to prevent or mitigate an emergency. (2) Ministerial Projects. Ministerial projects do not require environmental review. The following actions will generally be considered ministerial in nature, however, these are not considered to be all inclusive and deci- sions as to the applicability of an action is reserved to the Environmental Review Committee : (a) Issuance of building permits . (b) Issuance of business licenses. (c) Approval of final subdivision maps . (d) Approval of individual utility service connections and disconnections. (e) Issuance of zoning permits. (f) Issuance of inechanical permits. (g) Issuance of electrical permits . (h) Issuance of curb and sidewalk permits . (i) Issuance of, permit to store materials in street. (j ) Issuance of encroachment permits. (k) Issuance of driveway painting permits . (1) Permits issued for moving extra width loads or for overloaded vehicles. (m) Gradinq permits for grading plans approved through tentative subdivision map, precise plan or planned unit developments . - 4 - (n) Utility permits other than for utilities transmission lines. (o) Site plan and architectural approval of projects previously reviewed as a precise plan or planned unit development. (3) Feasibility and Planning Studies. A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the prepa- ration of an Environmental Impact Report but does require consideration of environmental factors as required by Section 21102 of CEQA. Sec . 35. 604 . Environmental Review Committee Established; Powers and Duties. (A) EstabZished. There is hereby established an Environmental Review Committee composed of the following officials of the City 'of Chula Vista or their designated representatives: 1. The City Manager; 2. The Director of Public Works; 3. The Director of Planning; 4 . The Environmental Review Coordinator; and 5. The City Attorney. (B) Po�ers and Duties. The Environmental Review Committee shall have the following powers and duties : l. Adopt and maintain a Manual for Environmental Review in the City of Chuia Vista which shall contain the following: (a) Outline of all procedures for review of Environmental Assessments and Environmental Impact Reports; � (b) Detailed requirements , contents and des- cription of Environmental Assessments and Environmental Impact Reports; (c) Guidelines as to when a proponent of a ' discretionary project should file an Environ- mental Assessment or an Environmental Impact Report. - 5 - , ' 2. Adopt a list of all permits or actions whicn are categorically exempt from Environmental Revie�a. 3 . Review Environmental Assessments to determine if the subject project wi11 have a significant environ- mental effect or if a Negative Declaration of Environ- mental Impact should be posted on the project. 4 . Review all appeals of counter review to determine if a project requires process through the environmental procedure. 5 . Approve all forms and reporting formats . 6 . P4aintain and adjust the Environmental Review Procedure as the result of experience gained in the process . 7 . Periodically review the adequacy of fees to cover the costs to the City for Environmental Review of projects , and make recommendation to the City Council for adjustments in the fee schedule. (C) P,ules . 1. Three (3) members of the Environmental Review Committee shall constitute a quorum to do business , but a lesser number may adjourn any meeting. 2. The affirmative votes of at least three (3) members of the Environmental Review Committee shall be required for any action of the Committee. 3. The Environmental Review Committee shall elect a chairman and vice-chairman at the first meeting eacn calendar year. Sec. 35 . 605. Preparation and Processinq of an Environmental Assessment. The proponent of a project shall prepare, or cause to be prepared, an Environmental Assessment on a form prescribed by the Environmental Review Committee and submit the Environmental Assessment to the Environmental Review Coordinator along caith the fee established in Section 35 . 610 . The Environmental Review Coordinator shall set the Environmental Assessment for consideration at the next available agenda of the Environmental Review Committee, not less than seven days nor more than twenty- one days from the date of submission. The Environmental Review Coordinator shall prepare a report, recommendation and findings for consideration by the Environmental Review Committee . The Environmental Review Committee sliall determine if a Negative Declaration shall be posted, if an Environmental Impact Report shall be prepared on the project based on the findings of environmental impact, or if the review should be continued for further information. - 6 - Sec. 35 . 606 . Environmental Effect of Project Determination of Significance. (A) CeneraZ Rule. The determination of whether a project may have a significant effect on the environment calls for careful judgment based to the extent possible on scientific and factual data. An iron-clad definition of significant effect is not possible because the signi- ficance of an activity may vary with the setting. For example , an activity which may not be significant in a developed area may be significant in an undeveloped area. There may be a difference of opinion on whether a par- ticular effect should be considered adverse or beneficial , but where there is , or is anticipated to be, a substantial body of opinion that considers or will consider the effect to be adverse, an Environmental Impact Report to explore the environmental effects involved must be prepared. In evaluating the significance of the environmental effect of a project, both primary and secondary conse- quences shall be considered. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area) , while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population growth) , (B) Examples . Some examples of project consequences which may have a significant effect on the environment in connection with most projects where they occur, include the following: 1. Is in con£lict with environmental plans and goals that have been adopted by the City of Chula Vista; 2. Has a substantial and demonstrable negative aesthetic effect; 3. Substantially affects a rare or endangered species of animal or plant, or habitat of such a species; 4 . Causes substantial interference with the movement of ariy resident or migratory fish or wildlife species; 5 . Breaches any published national , state or local standards relating to solid waste or litter control; 6 . Results in a substantial detrimental effect on air or water quality, or on ambient noise levels for adjoining areas ; 7 . Involves the possibility of contaminating a public water supply system or adversely affecting ground water; 8 . Could cause substantial flooding, erosion or siltation; 9 . Is subject to major geologic hazards such as an earthquake fault, a steep slope, slide areas or an area containing highly expansive or otherwise hazar- dous soils . - 7 - 10 . The project could result in the large scale development of presently undeveloped areas or in- tensify to a major extent the development of already developed areas . 11. The project will require a change in the adopted General or Community plans. Sec. 35. 607 . Finding - Significant Environmental Impact. Zn every case where any of the following conditions are found to exist as a result of a project, the project will be found to have a significant effect on the envir- onment and an EIR shall be required: A. Impacts which have the potential to degrade the quality of the environment or curtail the range of the environment. B. Impacts which achieve short-term, to the disad- vantage of long-term, environmental goals. A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time . while long-term impacts will endure well into the future. C. Impacts for a project which are individually limited, but cumulatively considerable . A project may impact on two or more separate resources where the impact on each resource is relatively small. If the effect of the total of those impacts on the environment is significant, an EIR must be prepared. This finding of significance does not apply to two or more separate projects where the impact of each is insignificant. D. The environmental effects of a project will cause substantial adverse effects on human beings , either directly or indirectly. Sec. 35 .608. Finding - No Significant Environmental Impact. (A) llegative DecZaration, If the Environmental Review Committee finds that there is no apparent signi- ficant Environmental Impact, a Negative Declaration shall be posted for the project. The finding of no significant environmental impact shall be based on negative conclusions on the findings of significant environmental impact. The Negative Declaration shall be posted for not less than seven nor more than a thirty day posting period. The length of the posting period shall be determined by the Environmental Review Committee based on the scale and controversy of the project. Copies of the Negative Declaration shall be filed with the County Clerk and• the subject property - 8 - shall be posted as specified in the manual for Environ- mental Review. Additionally, any person or organization may receive all Negative Declarations for a yearly fee established in Section 35 . 610 . (B) Additional Information. The Environmental Review Committee may also continue the review of an Environmental Assessment and request additional information from the proponent of a project. (C) Appeals. During the posting period, any person or organization may appeal the findings of the Environ- mental Review Committee back to the Environmental Review Committee. Appeals shall be subject to a fee established in Section 35. 610 and shall be made on a form adopted by the Environmental Review Committee. The appeal shall include specific points in which the Environmental Review Committee erred in its findings . � (D) Filing. After a Negative Declaration has been posted for the appropriate time , the Environmental Review Coordinator shall file a copy of a final Negative Declaration and a Notice of Determination with the County Clerk. The Notice of Determination shall include the decision of the City of Chula Vista to approve or disapprove the project, the determination of the City of Chula Vista whether the project will have a signifi- cant effect on the environment, and whether an EIR has been prepared pursuant to the provisions of CEQA. Sec. 35 . 609 . Preparation and Processing of an Environmental Impact Report. (A) Preliminary Draft. The proponent of a project shall cause to be prepared a preliminary draft of an EIR. This preliminary draft shall be in complete com- pliance with the requirements of this ordinance , the manual for Environmental Review as adopted by the Environ- mental Review Committee, the State Guidelines and the CEQA of 1970 as amended by AB 889 . With the filing of a preliminary draft EIR, the filing fee shall be paid in accordance with Section 35 . 610 . (B) Revie� of Draft. The Environmental Review Coordinator shall review the preliminary draft of the Environmental Impact Report for conformance to the manual for Environmental Review, this ordinance , the State Guidelines , and CEQA of 1970 . The adequacy of environmental inventory analysis, the project' s impact on the environment, impartiality of the report, and description of the project are among the areas subject to this preliminary review. The Environmental Review Coordinator shall have not less than 14 days to review the preliminary draft. The Environmental Review Coor- dinator shall return the preliminary draft for revision or determine that the report is adequate for posting as a draft EIR. - 9 - (C) Notification of Secretary of Resources Ageney. As soon as the draft EIR is completed, but before copies are sent out for review, an official notice stating that the draft EIR has been completed shall be filed with the Secretary of the Resources Agency of the State of Cali- fornia. The notice shall include a brief description of the project, its proposed location, and an address where copies of the EIR are available. This notice shall be referred to as a Notice of Completion. (D) Distribution of Draft. The proponent of the project shall be responsible for submission of draft EIR' s in conformance with the manual of Environmental Review. Copies of the report shall be distributed to the Environmental Control Commission, department heads, other agencies involved when the City of Chula Vista is functioning as the lead agency, and copies shall be deposited with the Chula Vista Public Library for 24-hour check-out. Notices of posting of the draft Environmental Impact Report shall be sent to other public agencies affected by the project and a notice shall be filed with the City Clerk of the City of Chula Vista. The subject property shall be posted in accordance with the manual of Environmental Review. (E) Posting Period.- A 21 day posting period shall commence with the filing of the notice with the City Clerk . During the posting period, the Environmental , Review Coordinator shall consult with any agency having some jurisdiction in the project area, and persons or groups having special interests . All input to the draft EIR shall be in written form. The Environmental Control Commission may review the draft Environmental Impact Report and may prepare a recommendation for the Planning Commission and forward it to the Environmental Review Coordinator . � (F) Preparation of EZR and AppeaZ to City Council. After the posting period, the Environmental Review Coordinator shall prepare an EIR for consideration by the Planning Commission. The Environmental Review Coordinator shall have a minimum of 14 days to prepare the EIR. The Planning Commission shall review the recommendation of the Environmental Review Coordinator, the report, all public input and review any comments from other agencies or City departments . If the Planning Commission determines that a public hearing would be desirable or would provide necessary information, it may call a public hearing with at least 10 days notice . The public hearing may be limited to comments received during the posting period by the Planning Commission. If the Planning Commission finds the report has been prepared in accordance with the requirement of the manual of Environmental Review, this ordinance , the State Guide- lines , and CEQA of 1970, and all applicable state laws , it shall by motion accept the EIR. The Planning Commission may also accept the EIR subject to conditions or continue consideration for more information. If the EZR is found to have major inadequacies in light of the above require- ments, the Planning Commission may require that more information be included in the draft EZP.. The acceptance - 10 - of a request for more information in a draft EIR may be appealed to the City Council within 10 days of Planning Commission action. Said appeals shall be made on forms approved by the Environmental Review Committee and shall pay a fee as provided in Section 35 . 610 . Said appeal must be based upon the grounds that the Planning Commission erred, acted in abuse of discretion or requested inappropriate or unneces- sary submission of information. All appeals shall state specific objections to the action by the Planning Commission and provide such information as necessary to substantiate the appeal. The City Council may accept the EIR or uphold a Planning Commission request for more information. (G) Notice of Determination. Upon final acceptance of the EIR by the Planning Commission or the City Council, the project shall then continue the normal review proce- dure. The Environmental Review Coordinator shall provide all decision makers with the finding of the EIR when action is taken on the discretionary act involved in the project. Upon the final decision on the project, the Environmental Review Coordinator shall cause to filed a notice of action taken on the project. This notice shall be referred to as a Notice of Determination and it shall be filed with the County Clerk. The Notice of Determination shall include: � (a) The decision of the City to approve or disap- prove the project; (b) The determination of the City whether the project will or will not have a significant effect on the environment; and (c) Whether an EIR has been prepared pursuant to the provisions of the CEQA. Upon completion of the EIR process , the EZR and comments received through the consultation process shall be kept on file and available for public inspection. Sec. 35. 610 . Fees . The fees for the Environmental Review Procedure shall be as follows: (A) EIR. The applicant filing a preliminary draft of an EIR shall pay a non-refundable minimum fee of $300 . 00. If actual costs to the City exceed this minimal fee, the additional cost shall be paid by the proponent of the project. (B) EA. The applicant filing an EA shall pay a fee of $75 . 00 . - 11 - (C) An applicant filing an appeal of a Negative Declaration of Environmental Impact shall pay a fee of $25 .00 . (D) An applicant filing an appeal of the adoption of an EIR or a Planning Commission request for more information shall pay a fee of $50 . 00 . (E) The proponent of a project appealing a Counter Review decision requiring Environmental Review shall pay a fee of $10. 00 . (F) Persons requesting to receive, through the mail, copies of all notices of Negative Declaration of Envir- onmental Impact and Notice of Completion, shall pay an annual fee of $50 . 00 . (G) The manual for Environmental Review shall be available for a fee of $3. 00. SECTION II : This ordinance shall become effective upon its first reading and adoption if passed by at least four (4) affirmative votes of the City Council as an emergency measure. SECTION III : That Ordinance No. 1430 and Resolution No. 6696 be, and the same are hereby repealed with the adoption of this ordinance . Presented by Approved as to form by � � o n T omson, City Manager George D. Lind— e�City Attorney i� ADOPTED AND APPROVED BY THE CITY COUNCIL. OF. THE CITY OF CHULA VISTA, CALIFORNIA, this 4th day of April , 1973, by the following vote , to-wit: AYES : CounC-i.km2n Hobel, Hamilton, Hyde, Egdahl, Scott NAYES : CounC-i.2men None ABSENT: COUnC�.2m2n None � r• ayon. o e .c.ty o6 u a .c��a ATTEST �/ � ����� (/ / �- Cti.ty en STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss . CITY OF_.CHULA VISTA ) I , JENNIE M. �uLASZ, C�,.ty C2e2k ob .tlie C�.�ty ob Chu2a V�,3.ta , Ca�.��onn.ia, DO HEREBy CER7IFY .tha.t .the above and boaego�.ng .�� a bukk, znue and cannec.t copy o6 and tha.t .the eame hae no.t been amended on 2epea�ed. DA7ED: C�..ty ke�fz