Loading...
HomeMy WebLinkAboutRCC AGENDA PK 1992/11/23negative declaration PROJECT NAME: Hazardous Waste Management Plan Implementing Ordinance and Amendments to the Public Facilities Element of the Chula Vista General Plan PROJECT LOCATION: PROJECT APPLICANT: City-wide City of'Chula Vista CASE NUMBER: ZS 93-14 A. Proiect Setting The proposed Hazardous Waste Management Plan Implementing Ordinance and amendments to the Public Facilities Element of the Chula Vista General Plan would be applied city-wide, therefore there is no specific site within the city which corresponds to the proposed project. B. Proiect Description The proposed project consists of the Hazardous Waste Management Plan Implementing Ordinance and associated revisions to the recently amended Public Facilities Element of the Chula Vista General Plan. These proposed amendments to the City's Zoning ordinance, and the Chula Vista General Plan, incorporate provisions for the management of hazardous waste facilities as required by State Law, and are intended to comprise the City's regulatory provisions regarding hazardous waste management and hazardous waste facilities. C. onpatibility with Zoning and Plans The proposed project consists of amendments to the Public Facilities Element of the General Plan to clarify previously adopted hazardous waste policies, and Zoning Ordinance amendments to establish a Conditional Use Permit process to implement the General Plan's provisions pertaining to the siting and permitting of proposed hazardous waste facilities. Implementation of the proposed project, city-wide, will ensure that proposed hazardous waste facilities are safely sited, and compatible with underlying land use designations and zoning, as well as surrounding land uses. elty of ehula vista planning department environmental review section wr, ._~. CNUl~,4 VISTA D. Compliance with Threshold/Standards Policies 1. Fire/EMS The Threshold/Standards Policy requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85$ of the cases and within 5 minutes or less in 75$ of the cases. The proposed project is exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisoins, and not a specific development proposal for which a measure of Fire/EMS response would otherwise apply. 2. Police The Threshold/Standards Policy requires that police units must respond to 84$ of the Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.1 ~ of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project is exempt from this Threshold Policy, as the project is comprised ~of policy and regulatory provisions, and not a specific development proposal for which a measure of Police response would otherwise apply. 3. Traffic The Threshold/Standards Policy requires that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of I-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The proposed project is exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of direct traffic impacts would apply. 4. Parks/Recreation The Threshold/Standards Policy for Parks and Recreation is 3 acres/1,000 population. The proposed project is ~«// _~"~~ clty of ehula vlste plennlnp department CtN OF envlronmentel review section . CHULA V-STA -3- exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of parks and recreational impacts would apply. Drainage The Threshold/Standards Policy requires that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provided necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project is exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of drainage impacts would apply. 6. Sewer The Threshold/Standards Policy requires that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project is exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of sewer impacts would apply. 7. Water The Threshold/Standards Policy requires that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and construction. The proposed project is exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of water impacts would apply. E. Identification of Environmental Effects An initial study (IS 93-14) conducted by the City of Chula Vista determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report (EIR) will not be required. A Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. city of [hula vl>tta planning department snvironmental review eectlon ~`~r~ -.. 4 CITY7Y OF CHUTA VISTA -4- The following impacts have been determined to be less than significant: Land Use Adoption of the Implementing Ordinance and amendments to the Public Facilities Element of the City General Plan would not create direct land use impacts. Together, the Implementing Ordinance and General Plan amendments provide policy clarification and direction regarding the planning, siting, and permitting review of proposed hazardous waste facilities and, therefore, do not relate to a specific geographic site or project. Indirect land use impacts associated with implementation of the proposed project are the potential for future land use compatibility impacts associated with the siting and operation of hazardous waste facilities within the City. Indirect land use compatibility impacts could occur between future, proposed hazardous waste facilities and other types of land uses, particularly sensitive receptors. Sensitive receptors include residential land uses, as well as uses associated with immobile populations, such as congregate care facilities, schools, hospitals and jails which could not easily be mobilized for evacuation in the event of upset conditions. The amendments to the Public Facilities Element of the General Plan clarify previously adopted hazardous waste policies pertaining to the siting and permitting of hazardous waste facilities. These policies will ensure that proposed facilities are safely sited and compatible with underlying land use designations and zoning, as well as surrounding land uses. The Implementing Ordinance establishes a process which would ensure that potential land use impacts associated with proposed facilities are considered and that the "General Areas" policies, siting criteria and "fair share" principles of the General Plan and the County Hazardous Waste Management Plan are complied with. Therefore, through compliance with the criteria set forth in the Public Facilities Element of the Chula Vista General Plan, and adherence to the conditional use permit procedures outlined in the Implementing Ordinance, the City will ensure that potential land use impacts associated with future applications for hazardous waste facilities are adequately addressed and analyzed. Therefore, land use impacts are deemed to be less than significant. ~«~/ ~'A ~~r~ city o} chute villa plsnnlnq department __~ snvlronm Ctn' ~ entel review eectton . CHULA VISTA -5- Risk of Upset Potential risk of upset impacts could occur if hazardous waste facilities are not appropriately sited relative to sensitive receptors and immobile populations, and with respect to the protection of environmental resources. Implementation of the proposed project would reduce potential risk of upset impacts caused by inadequate planning and siting of such facilities by setting forth appropriate criteria for storage, transportation, disposal, and siting associated with hazardous waste facilities and businesses generating such wastes. Releases of hazardous materials or waste via air, land, or water exposure pathways could occur during upset conditions, such as an earthquake or other natural disaster. The potential prevention of risk of upset impacts associated with geotechnical conditions require compliance with federal, state, and local agencies. Locally, site feasibility and suitability issues are regulated through compliance with the Uniform Building Code (UBC), Chula Vista Grading Ordinance, and Chula Vista Subdivision Ordinance which requires that a geotechnical report be prepared prior to any grading or development. Site feasibility and suitability will be further addressed by the siting criteria contained in the amended General Plan Public Facilities Element. At the state level, releases to groundwater resources are regulated by the Regional Water Quality Control Board (RWQCB). Suspected releases to groundwater would require site specific analysis to determine appropriate mitigation and remediation. In addition, site specific environmental review for any proposed hazardous waste facility would be required pursuant to the California Environmental Quality Act (CEQA) to address potential risk of upset impacts on a case by case basis. Risk of upset impacts could also occur through releases and spills during the transport of hazardous waste or hazardous materials to and from hazardous waste facilities, and the businesses using such materials and generating such wastes. Risk of upset impacts associated with traffic safety can be mitigated by compliance with Federal, State, .and local agency routing requirements and other appropriate conditions of use. Appropriate traffic safety standards are discussed further under "Transportation/Circulation." These requirements shall be ensured through the adoption of the Implementing Ordinance and amendments to the General Plan. The County of San Diego Hazardous Materials Management Division (HMMD) mandates that emergency response plans be «~/ ~~~~~ city of ehule vlets plenninp department C ~ envlronmentsl revl~w .•ctioe . CHULA VISTA -6- implemented for hazardous waste facilities. Presently, emergency releases of hazardous materials into the environment are handled jointly by the Chula Vista Fire Department and the County Hazardous Materials Management Division (HMMD) through a mutual aid agreement. The proposed project will require intimate involvement of HMMD in the local management of hazardous materials and wastes, and in the siting and permitting of proposed hazardous waste facilities. Implementation of the proposed project would reduce potential risk of upset impacts by setting forth appropriate criteria for the comprehensive management of hazardous materials and wastes, the siting and permitting of hazardous waste facilities, and the licensing review of businesses using such materials and generating such wastes. With compliance to the criteria established through the amendments to the Public Facilities Element of the General Plan, and through processes set forth in the Implementing Ordinance, as well as to federal, state, and local regulatory criteria already in place, risk of upset impacts are deemed to be below a level of significance. Transportation/Circulation The transportation of hazardous waste is regulated by Federal agencies, such as the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT). State and local laws require that producers, transporters, and receivers of hazardous waste materials follow specific monitoring and tracking procedures and enlist specific emergency response systems in case of a hazardous material or waste release during transport. The State Department of Health Services (DHS) is in charge of tracking hazardous waste through the State in accordance with the Federal manifest system. DHS requires that transporters have valid vehicle registration with their agency, and the California Highway Patrol (CHP) annually inspects each vehicle for compliance with the California Vehicle Code. The CHP also determines whether the construction, design, equipment, and safety features of the vehicles are in compliance with the standards established by the DHS for the safe transportation of hazardous wastes. Federal routing regulations state that a vehicle containing hazardous materials must be operated over routes which do not traverse heavily populated areas, places where crowds of people assemble, tunnels, narrow streets, or alleys. State routing regulations specify that transportation be limited to t:lty o} ehule vlete plannlnp department environmental review section ~~tr, -.. ~~ CI ~ CHUTA VISTA -~- State or interstate highways offering the least overall transit time and that vehicles transporting hazardous materials may use highways providing necessary access to local pickup or delivery points, consistent with safe vehicle operation. The CHP has the authority to determine routing requirements, safe stopping places and inspection stops for the transportation of hazardous wastes. The Federal, State, and local regulations already in place provide the regulatory framework for addressing potential traffic safety impacts. Project-specific analysis should be conducted for a proposed hazardous waste facility site, however, to determine if the surrounding circulation. network can safely and adequately handle the potential traffic safety impacts associated with the transport of hazardous waste. As set forth in the proposed Implementing Ordinance and amendments to the General Plan, a traffic study will be required for any future, proposed hazardous waste facilities in order to comprehensively address compliance with the criteria established in the General Plan for the safe transportation of wastes. By requiring compliance to the criteria and process set forth by amendments to the Public Facilities Element of the General Plan, and by the Implementing Ordinance, as well as~the existing federal, state and local regulations already in place, future transportation/circulation impacts associated with future applications for hazardous waste facilities will be adequately addressed and analyzed. Transportation/circulation impacts are therefore, at this time, deemed to be below a level of significance. Public Services/Facilities Because the proposed project is not site specific, it is difficult to ascertain direct impacts to public services and facilities, at this time. However, the Implementing Ordinance and amendments to the Public Facilities Element of the General Plan set forth criteria to ensure that potential, future impacts to public services and facilities associated with future applications for hazardous waste facilities are addressed and analyzed. Emergency situations associated with the release of hazardous waste or materials into the environment require specially trained personnel capable of containing the release and preventing human exposure, as well as releases into the environment. The County Hazardous Materials Management Division (HMMD) currently provides hazardous materials emergency response capabilities to the City, in association city of ehula vlata plannlny d~partmant -~._ snvironmantsl ravlaw aaction «~/ ~-.... ~_~" CI ~ CHULA VISTA -8- F. with a mutual aid agreement with the Chula Vista Fire Department. As such, impacts to public services and facilities within the City and to special districts would be positive in that the establishment of planning and siting criteria would ensure that hazardous waste facilities are located in areas where adequate public services and facilities are available and are capable of being provided in the future. Therefore, potential public services and facilities impacts are deemed to be below a level of significance. Human Health The criteria set forth in the amendments to the General Plan Public Facilities Element and the Implementing Ordinance are directed at ensuring the accountability of hazardous waste facilities within the City, and the encouragement of safe treatment and disposal practices. In addition, the proposed project will ensure the adequate training of facility employees and safe work practices. Therefore, potential human health impacts are deemed to be below a level of significance. llltiaation necessary to avoid sianificant effects The proposed project is not associated with any significant environmental impacts, therefore no further mitigation is necessary. With compliance to the criteria set forth in the proposed Implementing Ordinance and amendments to the Public Facilities Element pf the General Plan, potential environmental impacts will be below a level of significance. G. andatorv_Findinas of Sianificance Based on the following findings, it is determined that the project described above will not have a significant environmental impact and no environmental impact report needs to be prepared. 1. The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. City of ehula vista plannlny dspartm~nt snvironm~ntsl r~vl~w •~ctlon ~~cr/ ~~ CIn' Of CHUTA VISTA -9- Implementation of the proposed project will ensure that potential impacts to fish or wildlife species through an accidental release of hazardous waste or materials will be reduced through compliance with the Implementing Ordinance and General Plan amendments, as well as the federal, state, and local regulations. Therefore, the proposed project will not degrade the quality of the environment, adversely affect fish or wildlife species, or eliminate cultural or paleontological resources. 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. The proposed project will strengthen long-term environmental goals associated with effective hazardous waste management planning, and the appropriate siting, permitting and operation of hazardous waste facilities, through the establishment of local policies and criteria. Therefore, both short-term and long-term environmental goals will be maintained. 3. The project has possible effects which are individually limited but cumulatively considerable. As used in the subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. The proposed project is not anticipated to have cumulative impacts. Adoption of the Implementing Ordinance and associated amendments to the Public Facilities Element of the General Plan will provide appropriate siting criteria to ensure that cumulative hazardous waste management impacts are reduced to a level below significance. 4. The environmental effects of a project will cause substantial, adverse effects on human beings, either directly'or indirectly. The protection of human health will be upheld through the adoption of the implementing Ordinance and associated documents. Human health will- be protected through compliance with the criteria set forth by the proposed project. city of Chula vista plennlnp department snvlronmentel review section ~«~/ -.- ~~r CI ~ CHULA VISTA -10- H. Consultation 1. 2. 3. Individuals and Organizations City of Chula Vista: Roger Daoust, Engineering Hal Rosenberg, Engineering Garry Williams, Planning Ken Larsen, Building & Housing Carol Gove, Fire Department Cptn. Keith Hawkins, Police Marti Schmidt, Parks & Rec. Maryann Miller, Planning Ed Batchelder, Planning Chula Vista Elem. School District: Kate Shurson Sweetwater Union High School District: Tom Silva References California Environmental Quality Act of 1970, as amended (Public Resources Code 21000 et.seq) and the State EIR Guidelines (14 Cal. Code of Regulations et.seq). Chula Vista, City of, 1987. -Municipal Code. Chula Vista, City of, 1989a. General Plan Update. Chula Vista, City of, 1989b. General Plan Update EIR. County of San Diego, 1989. Final Environmental Imoact County of San Diego, 1989 Plan. Initial Studv• Hazardous Waste Management This environmental determination is based on the attached Initial Study, any comments on the Initial Study and Mitigated Negative Declaration, and reflects the independent judgment of the City of China Vista. Further information regarding the environmental review of the project is available from the- Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista,. California 91910. ENVIRONMENTAL REVIEW COORDINATOR ~«~/ clty of chuls vl~te ~~ planning dsp~rtm~nt ~~' snv~ronm~ntal nv1~w ~~ctlon . CHULA VISTA