HomeMy WebLinkAboutReso 1980-10175
RESOLUTION NO. 10175
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING AMENI:MENTS TO THE ENVIROn1ENTAL REVIEW
PROCEDURES OF THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the California Environmental Quality Act and
the State EIR Guidelines have been amended expanding notice and
hearing requirements, and
WHEREAS, Chula Vista's Environmental Review procedures
must now be amended to conform to the state requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that the amendments to the Environmental
Review Procedures of the City of Chula Vista marked as Exhibit "A",
attached hereto and incorporated herein by reference as if set
forth in full, be, and the same are hereby adopted.
Presented by
D. J. Pe e
of Planning
Approved as to form by
U4
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of July
198 0 , by the fOllowing vote, to-wit:
AYES: Counc ilmen Scott, Gillow, Hyde, Cox, McCandliss
NAYES: Councilmen None
ABSENT: Councilmen None
ATTESTU , ~,;t';iL
/' Deputy City Clerk
. i
STA~,E/OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
(Jd.9- ~(~
Mayor of the City of Chula Vista
the City
above is
and that
I, , City Clerk of
of Chula Vista, California, DO HEREBY CERTIFY that the
a full, true and correct copy of Resolution No.
the same has not been amended or repealed. DATED
,
Ci ty Clerk
l "
~
ENVIRONMENTAL REVIEW PROCEDURES
of the
City of Chula Vista
Recommended for adoption
by the
Environmental Review Committee
June 26, 1980
Environmental Review Section
Planning Department
(714)
575-5101
/0/1;)
CONTENTS
Section 1 Introduction
Section 2 General Provisions
Section 3 Environmental Review Committee
Section 4 Projects Exempt from Environmental
Review
Section 5
Initial Study of Projects to Determine
if an EIR is Required
Section 6
Preparation and Processing of EIR's
Section 7
EIR Content
Section 8
Conflicts with equirements of the State
of California
Section 9
Severability
(011 c)
~
1
3
6
8
20
26
32
32
32
Section l' INTRODUCTION
1.1 Purpose and Intent
It is the intent of the Chula Vista City Council to establish
procedures in accordance with the Environmental Quality Act of the State
of California to regulate the activities of private individuals and
corporations and public agencies which are found to have a significant
effect upon the quality of the environment.
Projects subject to the provisions of CEQA shall not be
considered by an advisory, decision making or appeal authority of the
City of Chula Vista unless said authority reviews and considers the ND
or final EIR, if required of said project.
In order that the environmental review process achieve its
maximum useful potential, it is essential that the process begin during
the conceptual development phase of the project. The first order of
work should be an assessment of sensitive environmental features of the
project or project locale. Based on this, the project should then be
formulated in recognition of the environmental sensitivities, and
mitigating measures should be included in the project to lessen adverse
impacts, or alternatives to the project considered, including the
possibility of no project.
~~t~ These environmental review ~~~t~y procedures ~~~ h~ve been
formulated to assure submission of adequate information, consisten- in
review and the systematic preparation of 1~ttt~~/$t~~t~~/t1$1 !:eyative
Declarations (ND) and Environmental Impact Reports (EIR).
1.2 Policy Statements
1.2.1- It is the policy of the City of Chula Vista that every
project that it carries out or approves shall avoid or mitigate all
significant effects if-rr-is feasible to do so.
1.2.2 In implementing the purpose and intent of the California
Environmental QuarrtY Act, the long-term protection of the environ-
ment shall be the guiding criterion in decision making by the City.
1.2.3 Information developed in individual environmental impact
reports shall be rncorporated into a data base which can be used to
reduce delay ana-auprrcation in subsequent env1ronmental review.
1.3 Acronyms and Abbreviations (roved from old Sec. 14)
The various laws, codes, documents and committees ~~~~~ used
~_~_t~~Xy/~_/~_~t~~~t_~/in t~t~/~~Xtt~ ~hese procedures are designated
bi th~ following initial$:
California Environmental Quality Act
California Administrative Code
- CEQA
- Cal. Admin.
Code
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-2-
Environmental Impact Report (Draft or Final)
Environmental Impact Statement (Draft or Final)
Environmental Review Committee
Initial Study
National Environmental Policy Act of 1969
Negative Declaration
Request for Proposal
- EIR
- EIS
- ERC
- IS
- NEPA
- ND
- RFP
!{J17~--
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Section 2
GENERAL PROVISIONS
Projects Requiring Environmental Review
2.1 General Rule. The requirements set forth in ty..tf,/t4>Xtrj}/
these procedures apply to projects which may have any possible
significant effect on the environment and which involve discretionary
action by the City of Chula Vista. Where it can be determined
with certainty that the activity in question will not have any
possible significant effect on the environment, the activity is
not subject to the requirements set forth in CEQA, the Cal. Admin.
Code and ty..tf,/p~Xt~i these procedures.
1y..tf,/p~Xj.rji These procedures also ~~~$ do not apply to projects
which the City rejects or disapproves. --
2.2 Incorporation of the State EIR Guidelines
The State EIR Guidelines (Cal. Admin. Code, title 14, division
6, chapter 3, et. seq~-are-nereby adopted and incorporated by
reference as part or-these enVironmental review procedures. The
procedures fierern-provraed are those necessary to tailor the State
EIR Guidelines to the specific operations of the City of Chula Vista,
and are necessary to proVIae-general background or incorporate
specific guidelrne-reqliIre:ments pursuent to the State ErR GUJdeline
Section 150So-rcr.
2.3 Projects Requiring Preparation of an ND or EIR
2.3.1 Public Projects
When a department of the City of Chula Vista plans to carry
out a project which is not categorically exempt from review, the
department shall apply for an IS which may lead to an ND, or file
a draft EIR with the Environmental Review Coordinator. All actions
shall be in conformance with ty..~/~~j.~~Xt~~$/~~~pt~~/~t/ty..~/t~~ these
guidelines.
2.3.2 Private Projects
When a project is to be carried out by a non-governmental person,
and it is subject to the approval, financial support or some other
involvement by the City of Chula Vista, environmental documents
shall be prepared directly by the City of Chula Vista or by contract
with an approved consultant. All costs incurred by the City or
any environmental consultant hired by the Environmental Review
Committee to perform environmental analysis or prepare an ErR,
shall be paid by the project proponent.
2.3.3 Multi-Agency Projects
When a project is to be considered by the City of Chula Vista
and other public agencies, only one environmental document shall be
prepared, and that document shall be prepared by the Lead Agency.
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~~~t~J/~~~~/$~~tt~~/~%~%7J
2.3 Shift in Lead Agency Responsibilities
OMIT
2.4 Consultation with Responsible Agencies
OMIT
2.5 Special considerations in Review Requirements
OMIT
~J~ 2.4 Projects Not Subject to Environmental Review
2.4.1 Emergency Projects
The following emergency projects are exempt from the require-
ment for environmental review:
(a) Projects undertaken, carried out, or approved
by a public agency to maintain, repair, restore, demolish or
replace property or facilities damaged or destroyed as a
result of a disaster in an area which a state of emergency has
been proclaimed by the Governor pursuant to Chapter 7 (commencing
with Sec. 8550) of Division 1, Title 2 of the Government Code.
(b) Emergency repairs to public service facilities
necessary to prevent or mitigate an emergency.
(c) Specific actions necessary to prevent or mitigate
an emergency.
2.4.2 Ministerial Activities
Ministerial activities are not subject to the requirements of
t~t~/~~~t~r these procedures and,do not require envir~nmental, , _
review. The following actions w~ll ge~erally be 7ons~dered m~n~s
terial in nature. However, this list ~s not cons~de~e~ to ~e all
inclusive and decisions as to whether an action is m~n~s~er~al ar7
reserved and delegated to the ERC. A~pt~t~ttpJlpftlf~f~fP~}/~11fJP~
111111/1 .
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(a) Issuance of building permits.
(b) Issuance of business licenses.
(c) Approval of final subdivision maps.
(d) Approval of adjustment plant.
(e) Approval of individual utility service connections
or disconnections.
(f) Issuance of zoning permits.
-5-
(g) Issuance of Home Occupation Permits.
(h) Issuance of mechanical permits.
(i) Issuance of electrical permits.
(j) Issuance of curb and sidewalk permits.
(k) Issuance of temporary encroachment permits.
(1) Issuance of driveway painting permits.
(m) Permits issued for moving extra wide loads or for
overloaded vehicles.
(n) Grading permits for grading plans approved through
tentative subdivision maps, precise plans or planned
unit developments which have been subjected to
previous environmental review.
(0) Utility permits other than for utilities transmission
lines.
l~l $Jt~/~Z~~/~~~/~t~~Jt~~t~t~Z/~~~t~~~X/~t/~t~i~~t$
~t~yt~~~Zt/t~YJ~~~p/~~/~/~t~tJ~~/~Z~~/~t/~X~~~~~
~~~t/~~~~1~p~~~t/~~J~~/~~~~/~~~~/$~~i~~t~~/t~
~t~Yt~~~/~~Ytt~~~~~t~X/t~~t~~J
l~Y (p) The issuance of demolition permits, except for
structures within the boundaries of a redevelopment
project or involving a designated historic site.
2.4.3 Non-Significant Actions
Pursuant to Section 15060 of the State EIR Guidelines, the
following actions will clearly have no significant environ~~.~tal
impact:
2.4.3.1 Reports and findings of conformance to the
General Plan.
. 2.4.3.2 Amendments to the administration and procedural
sections of the Municipal Code.
2.4.3.3 Budgeting of funds for projects on which there
is insufficient information to conduct an environmental analysis
when subsequent discretionary approval is required.
/OI1~-
Section' 3
6
ENVIRONMENTAL REVIEW COMMITTEE
3.1 Established. There is hereby established an Environmental
Review Committee (ERC) composed of the following officials of the
City of Chula Vista, or their representatives:
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
The City Engineer t~i/~ttiit~t/~f/'~~Xti/W~tK~
The Director of Planning
The Director of Building & Housing
The Environmental Review Coordinator
The Chairperson of the t~itt~~~i~t~X/~~~tt~X/~~~t$$t~~
Resource Conservation Commission (Any representative
must be-a-member of the RCC)
The City Attorney or his representative shall be an ex-officio
member uf the ERC and shall act as legal advisor to the ERC.
3.2 Powers and Duties. The Environmental Review Committee shall
have the fOllowing powers and duties:
3.2.1 Hold public hearinqs, conduct IS's and recommend to
decision maklng bodies that an ND be ~~~~ adopted unless the subject
project may have a possible significant environmental effect, in
accordance with the findings in Section 5.2 of t~j$/P~~j~l these
procedures.
3.2.2 Adopt Environmen tal Review Records and make rec':--=-..
mendations to the City of Chula Vista and the Redevelopment Aqency
regarding the significance of environmental impacts as provided in
NEPA and other Federal regulations.
3.2.3 ~ii~~~ii~/t~/t~i/~ttt/~~~~itX Adopt and maintain a
list of consultants qualified to prepare ErR's and ErS's ~7~V~~~
/~/~~i~~X/tiiti~/t~/~itit~tii/tt/~~/~~d~ti/~f/$it~/tt$t/tf/iiii$$~it.
3.2.4 Select and contract with consultants which are on the
list of qualified consultants ~~/~ppt~y~~/~t/t~~/~jtt/~~~i~tX for
the preparation of EIR's for the City.
3.2.5 Issue draft EIR's fOllowing independent analysis and
review of preliminary drafts supplied by a consultant or city staff.
3.2.6 Hold public hearings to review revised projects for which
EIR's or NO's have been prepared and determine if a supplemental
environmental documents must be prepared, or if there clearly will
be no new adverse effects.
3.2.7 Adopt all forms, reporting formats, guidelines, factors
and standards for reports, studies, surveys and technical documents
necessary to implement CEQA, the State EI~ Guidelines and these
procedures.
3.2.8 Adopt and maintain a map of the urbanized area of
Chula Vista.
3.2.9 Recommend to the appropriate decision making authorities
the mitigation measures which are necessary to avoid significant
environmental impacts.
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-7-
3.2.10 Periodically review the adequacy of fees to cover the
costs to the City for environmental review of projects subject to
approval or support and make recommendations to the City Council
for adjustments in the fee schedule.
3.2.11 Periodically review the environmental review procedures
and make recommendations to the City Council regarding ~~ any
necessary or desirable revisions.
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Section 4 PROJECTS EXEMPT FROM ENVIRONMENTAL REVIEW
~t~~~~~t~~/t~t/t~ttt~~/~~yt~~/~t/~t~g~~t~
4.1 Introduction
~tty~t~/t~~tyt~~~~~,/~~t~~t~tt~~~/~t/~t~~t/~~t~~~~/t~~~tt~~
t~/~~y~/~~ytt~~~~~t~l/t~yt~~/~t/t~~tt The proponents of any project,
shall establish contact with the Environmental Review Coordinator
(hereafter referred to as Coordinator) at an early stage in the
development process. The Coordinator'/~~tt~~/~~/~~~~lt/~t/t~~/~~~,
shall advise the applicant on the procedures, requirements, time
schedules and phasing, and other matters necessary for the imple-
mentation of these procedures.
Public agencies other than departments of the City of Chu1a
Vista shall likewise establish early communication with the
Coordinator in order to determine applicable requirements and
arrange mutual, satisfactory procedures for the interchange of
information.
Departments of the City of Chula Vista shall work with the
Coordinator in generating and assembling information necessary for
preparation of any required EIR or conducting an IS for City
sponsored projects.
4.2 Review of Exempt Projects
A proponent of a project, whether public or private, sha~l
present the proposed project to the Counter Review Staff
of the appropriate department depending on the nature of
the project. The Planning Department, Building Department,
or the Engineering Division of the Public Works Departme~t
have qualified personnel available to screen projects. The
Coordinator shall have final counter review authority on
the applicability of the following actions whic~ are exempt
from review requirements:
Actions not defined as projects
Emergency projects
Ministerial projects
Categorical exemptions
When a project is determined to be exempt from the require-
ments of CEQA, as provided in Section 4.1 through 4.3, the
Coordinator may prepare a Notice of Exemption for filing
with the County Clerk.
4.3 Categorical Exemptions
In response to the mandate of the State of California, the
City of Chula Vista, does hereby find that the following classes
of projects listed in this section do not have any possible
significant effect on the environment, and they are declared to
be categorically exempt from the requirements for the preparation
of environmental documents.
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4~3.1 Exceptions - General
A categorical exemption shall not be used for an activity
where there ~s a resonable poss~b~l~ty that the act~v~ty w~ll have
a-S~nlt~cant ettect on the env~ronment due to unusual c~rcumstances.
4.3.2 Exceptions - Location
Class 3, 4, 5, 6, and 11 are qualified by consideration
by where the proj€ct is to be located--a project that is ordinarily
insignificant in its impact on the environment may in a particularly
sensitive environment, be significant. Therefore, these classes
are considered to apply in all instances, except where the project
may impact on an environmental resource of hazardous or cirtical
concern as may be hereafter designated, precisely mapped, and officially
adopted pursuant to be Federal, state or local agencies.
The following areas are considered to involve environ-
.mental resources, hazards or areas of critical concern; areas
designated as a special flood hazard area on the Flood Hazard
Boundary Map (H-OI-II), rfX/rX~~~~~i/~~~~/~t/r/rx~~~/?X~t~
~~~ttj~tjy~/~~~ttij~~/~j~ttj~tj as a conservation area in the
Conservation Elementof the General Plan, as open space in the
Open Space Element, near a scenic route, a gateway as identified
in the Scenic Route Element, near a major geologic hazard on the
Seismic Safety and Safety Element plan diagrams of the General
Plan, contain a designated historical site, involve an area of
potential archaeolog~cal or paleontological importance. ~t
~t~~~t~t~%/~~j~~~~~/~~/~/t~~~~~y/~~~~/~~%/~~/~~1/~t/~$j~~~/';~~f~~~%
~1/~~t~/~~t~~/~~~%~%/~~t%~/~~Y~X%/~~/~~/~~~~~~~~~~~~j/%~~~X/~XX/~~
~~~%j~~t~~/~1~~%/~'/~~t~t~/~t/~jt~j~~~/~~~~~t~/~t~~t~/t~~/~tty/~t
~~~~~/yj%~~1
4.3.3 Exceptions - Cumulative Impact
All exemptions for these classes are inapplicable when
the cumulative impact of successive project of the same type in the
same place, over time is significant--for example, annual additions
to an existing building under Class 1. This provision does not
apply to individual projects at different locations or individual
projects undertaken at substantially different times.
Class 1: Existing Facilities
Operation, repair, maintenance or minor alteration of existing
public or private structures, facilities, mechanical equipme~t,
or topographical features, involving neglibible or no expans~on
of use beyond that previously existing, including but not
limited to:
(a) Interior or exterior alterations involveing such
things as interior partitions, plumbing and electrical
conveyances;
(b) Existing facilities of both investor, and publicly
owned utilities used to provide electric power, natural
gas, sewage, or other public utility services;
IOI7~
(c) Existing highways and streets, sidewalks, gutter,
bicycle and pedestrian trails, and similar facilities,
except where the activity will involve the removal of
scenic resources including, but not limited to, trees,
rock outcroppings, and historic buildings;
Id / -r'J-
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(d) Restoration, or rehabilitation of deterior~ted
or damaged structures, facilities or mechanical equip-
ment to meet current standards of public health and
safeth, unless it is determined that the damage was
substantial and resulted from an environmental hazard
such as earthquake, landslide or flood;
(e) Additions to existing structures provided that
that addition will not result in an increase of more
than:
(1) 50% of the floor area of the structure before
the addition or 2500 sq. ft., whichever is less, or
(2) 10,000 sq. ft. if:
a) the project is in an area where all public
serV1ces and facilities are available to allow
Ior maXlmum development perm1ss1ble in the
General Plan and,
b) the area in which the project is located
is not environmenta~ly sensitive.
(f) Addition of safety of health protection devices
for use during construction of or in conjunction with
existing structures, facilities or mechanical equip-
ment or topographical features (including navigational
devices) ;
(g) New copy on existing on and off-premise signs;
(h) Maintenance of existing landscaping, native growth
and water supply reservoirs (excluding the use of
economic poisons, as defined in Divison 7, Chapter 2,
California Agricultural Code);
(i & j) Department of Fish & Game exemptions - does
not apply to C1 ty or Chula V1sta;
(k) Division of existing multiple family rental units
into condominiums;
(1) Demolition and removal of individual small
structures listed in this section except where the
structures are of historical, archaeological or
architectural significance;
(1) Single family residences not in conjunction
with the demolition of two or more units,
(2) Motel, Qpartments, and duplexes designed fnr
not more thQn four dwelling units, if not in
conjunction with the demolition of two or more
such structures,
(3) Stores, offices, and restaurants, if designed
for Qn occupant load of 20 persons or less, if
not in conjunction with the demolition of two or
more such structures;
~
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(m)
does
(4) Accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and
fences.
Department of Water Resources Exemptions -
not apply to the City of Chula Vista.
(n)
use;
Conversion of a single family residence of office
(0) The conversion of existing commercial units in
one structure trom slngle to condomlnlum type ownership;
(p) Interior or internal modifications to established
and descrete areas which are fully developed within the
larger environment of parks or recreation centers
where such internal or external modification is
essentially a rearrangement rather than an additive
function;
(q) Installation of traffic signals, traffic signs,
safety street lighting, pavement markings or raised
medians for improving the flow characteristics or
safety of existing streets;
(r) Installation of parking meters along existinq
streets.
J~Y ~j~~t/t~~~jt%/~~~/~lt~t~tj~~%/t~/~~~%/~~~
~pp~tt~~~~t/%tt~~t~t~%/~~~~t/t~~/%~~~t~j~j~~/~t/~~~
~~ptj/~t/~~t~t/~~%~~t~~%j
Class 2: Replacement or reconstruction of existing structures
and facilities where the new structure will be located on the
same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced,
including but not limited to:
(a) Replacement or reconstruction of existing schools
and hospitals to provide earthquake resistant structures
which do not increase capacity more than 50%;
(b) Replacement of a commercial structure with a new
structure of substantially the same size, purpose and
capacity;
(c) Replacement or reconstruction of existing utility
systems and/or facilities involving neglibible or no
expansion of capacity.
(d) Conversion of overhead utility distribution
SYStem facilities to underground including connection
to existing overhead utility distribution lines where
the surface is restored to the condition existing
prior to-tne undergrounding.
/O/7~
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Class 3: New construction or conversion of small structures
or the location of ~t~~X~ limited numbers of new, small
facilities or structures; installation of small equipment and
facilities in small structures; and the conversion of existing
small structures from one use to another where only minor
modifications are made in the exterior of the structure. The
numbers of structures described in this exemption include but
are not limited to:
(a) Single family residences not in conjunction with
the building of two or more such units. In urbanized
areas, u to three single family residences may be
constructed un er thlS exemptlon.
(b) ~~t~X$ Apartments, duplexes and similar structures
designed for not more than four dwelling units if not
in conjunction with the building of two or more such
structures. In urbanized areas, the exemption applies
to single apartments, duplexes and similar small
structures designed for not more than six dwelling
units if not constructed in conjunction wlth the
building of two or more such structures.
(c) Stores, motels, offices, restaurants an~:imi'ar
structures, small commercial structures not in~_vlng
the use of significant amounts of hazardous substances,
if designed for an occupancy load of 30 persons or
less if not constructed in conjunction with the building
of two or more such structures. In urbanized areas,
the exemption also applies to commercial buildings on
Sites zoned for such use, if designed for an occupancy
load of 30 persons or less, if not constructed in
conjunction with the building of four or more such
structures and if not involving the use of significant
amounts of hazardous substances.
(d) Water main, sewage, electrical, gas and other
utility extensions of reasonable length to serve
such construction;
(e) Accessory (appurtenant) structures including
garages, carports, patios, swimming pools and fences.
Class 4: Minor alterations to land. Minor public or private
alterations in the condition of land, water and/or vegetation,
which do not involve removal of mature, scenic trees except
for forestry and agricultural purposes. Examples include
but are not limited to:
(a) Grading on land with a slope of less than 10%
except where it is to be located in a waterway, in
any wetland, in any officially designated (by Federal,
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State, or local governmental action) scenic area, or
in officially mapped areas of severe geologic hazard,
(b) New gardening and landscaping,
(c) Filling of earth into previously excavated land
with material compatible with the natural features of
the site,
"
(d) Minor alterations in land, water and vegetation
in existing officially designated wildlife management
areas of fish production facilities which result in
improvement of habitat for fish and wildlife resources
or greater fish productions,
(e) Minor temporary uses of land having negligible
or no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface
is restored,
~ Maintenance dredging where the spoil is deposited
in a spoil area authorized by all applicable State and
Federal regulatory agencies,
(h) The creation of bicycle lanes on existing rights-
of-way,
(i) Removal of dead, damaged or diseased trees or
limbs,
(j) The renewal of any lease, license or permit to
use land where the use involves negligible or no
permanent effects on the environment.
fijy ~~j~~~~~~t~/~t~~~j~~/~~~t~/~~~/~~~j~/j~/~~~~~jt~~
j~/~/$~~jJ/~t~~/~~~~~tjt~~/~Y/~JJ/~~~Jt~~~J~/$t~t~/~~~
r~~~t~~/t~~~~~~~tY/~~~~tj~~J
Class 5: ~~~~t~~t~~~/j~/~~~~/~~~/lj~j~~~j~~~J Minor alterations
in land use limitations ~xi~pt/I~~j~~ in ar~3S with less than
2J~ slope w~ich rto not result in any changes in lanrt use or
density, including but not limited to:
(a) Minor lot line adjustment, side yard and setback
variances not resulting in the creation of any new
parcel ~~t/j~/~~i/~~~~~~/j~/~~~~/~~~/~t/~~~~jti'
(b) The issuance of minor encroachment permits,
~/7~
-14-
(c) Revision to acreage in accordance with the
Subdivision Map Act,
(d) Conveyance of minor miscellaneous easements,
excluding street, alley or walkway easements,
(e) Minor modifications ~t to the conditions of
previously approved tentative-subdivision maps
involving approved design features when no increase
in the number of lots or parcels is proposed,
(f) Minor conditional use permits which do not
result in any significant change in land use or
intensity.
Class 6: Information collection, data collections, research
experimental management and resource evaluation activities
which do not result in a serious or major disturbance to
an environmental resource. These may be for strictly
information gathering purposes, or as part of a study
leading to an action which a public agency has not yet
approved, adopted or funded.
(a) Permits for test holes j~/p~~lj~/~t~~$ which will
be used for engineering evaluations for street, sewer
storm drain, buildings, utility installations or
other purposes.
(b) Basic data collection, field testing, research,
experimental management and resource activities of
city departments, ~t offices or their representatives,
which do not result in serious or major disturbances to
an environmental resource.
Class 7: Regulatory actions for protection of natural
resources.
Class 8: Actions by regulatory agencies for the protection
of the environment.
These classes do not apply the City of Chula Vista.
Class 9; Inspection. Activities limited entirely to
inspection, to check for performance of an operation, or
quality, health or safety of a project, including related
activities such as inspection for possible mislabeling,
misrepresentation or adulteration of products.
JO/7~--
-15-
Class 10: Loans. This class is not applicable to the City
of Chula Vista.
Class 11: Accessory Structures. Construciton of placement
of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities, including
but not limited to:
(a) On premise signs,
(b) Small parking lots,
(c) Game courts, play equipment, drinking fountains,
restrooms, bar-b-ques,
(d) Placement of seasonal or temporary use items
such as life-guard towers, mobile food units, portable
restrooms, and similar items in generally the same
locations from time to time in publicly owned parks.
(e) Subdivision directional signs and tract signs
as approved by the Zoninq Administrator (CVMC 19.60.470
& 480)
Class 12: Surplus Government Property. Sales of surplus
government property except for parcels of land locater ~~
an area of statewide interest or potential area of SJlh;ern
as identified in the Governor's Environmental Goals and
Policy Report prepared pursuant to Government Code Section 65041
et deq. However if the surplus property to be sold is located
in those areas identified in the Governor's Environmental
Goals. & Policy Report, its sale is exempt if:
(a) The property does not have significant values
for wildlife habitat or other environmental purposes,
and,
(b) Any of the following conditions exist:
1) The property is of such size or shape that
it is incapable of independent development or
use, or,
2) The property to be sold would qualify for
an exemption under any other class of categorical
exemption in Article 8 0 f the Ca1. Admin. .Code,
or,
3) The'use of the property and adjacent property
has not changed since the time of purchase by
the public agency.
/0/11)
Class 13: Acquisition of lands for wildlife conservation
purposes. The acquisition of lands for fish and wildlife
conservation purposes, including, preservation of fish and
wildlife habitat, establishing ecological reserves under
Fish and Game Code, Section 1580, and preserving access to
public lands and waters where the purpose of the acquisition
is to preserve the land in its ntural condition.
-16-
~X~$$/X~I ~t~~t/~~~ttt~~$/t~/$~~~~X$J//~~~$/~~t/~~~~y/t~
t~~/~jti/~t/~~~~~/Yj$t~J
Class 14: Minor additions to existinq schools within existing
school qrounds where the addition does not increase original
student capacity by more than 25% or five classrooms, wh~chever
is less. The addition of portable classrooms is included
in this exemption.
~~~$$/~$I ~~~~~~~~J
Class 15: The division of property in urbanized areas zoned
for residential, commercial or industrial use into four or
fewer parcels when the division is in conformance with the
General Plan and zoninq, no variances or exceptions are
reguired~ all services and access to the proposed parcels
to local standards are available, the parcel was not involved
in a division of a larqer parcel within the previous two
years, and the parcel does not have a slope greater than
20%.
Class 16: Transfer of ownership fo land in order to create
parks. The acquisition of parkland where the land is in a
natural condition or contains historic sites or archaeological
sites and either:
(a) The management plan for the park has no~ been
prepared, or
(b) The management plan proposes to keep the area
in a natural condition or preserve the historic or
archaeological site. CEQA will apply when a managment
plan is proposed that will change the area from its
natural condition or significantly change the historic
or archaeological sites.
Class 17: Open space contracts or easements. The establish-
ment of agricultural preserves, the making and reviewing
of open space contracts under the Williamson Act, or the
acceptance of open space easements. The cancellation of
such preserves, contracts or easements is not included.
Class 18: Designation of wilderness areas. The designation
of wilderness areas under the California Wilderness System.
Class 19: Annexations of existing facilities and lots for
exempt facilities:
(a) Annexati'ons to a city or special district of
areas containing existing public or private structures
developed to the density allowed by the current
zoning or pre-zoning of either the gaining or losing
ItJI7,~
-17-
governmental agency whichever is more restrictive,
provided, however, that the extension of utility
services to the existing facilities would have a
capacity to serve only the existing facilities.
(b) Annexations of individual small parcels of the
minimum size for facilities exempted by Class 3,
New Construction of small structures.
Class 20: Changes in organization of local agencies. Changes
in the organization or reorganization of local governmental
agencies where the changes do not change the geographical
area in which previously existing powers are exercised.
Examples include but are not limited to:
(a) Establishment of a subsidiary district,
(b) Consolidation of two or more districts having
identical powers,
(c) Merger with a city of a district lying entirely
within the boundaries of the city.
Class 21: Enforcement Actions by Regulatory Agencies
(a) Actions by regulatory agencies to enforrc or revoke
a lease, permit, license, certificate, or other
entitlement for use issued, adopted or prescribed by
the regulatory agency or law, general rule, standard,
or objective, aamrnrstered or adopted by the regulatory
agency. Such actlons include, but are not limited to,
the followlng:
1) The direct referral of a violation of lease,
permlt, llcense, certlflcate, or entltlement for
use or or a general rule, standard, or objective
to the AtDDrney General Dlstrlct Attorney, or
~lty Attorney as approprlate, for Judlclal enforcement.
2) The adoption of an administrative decision or
order entorclng or revoklng the lease, permlt,
llcense, cerEltlcate or entltlement tor use or
entorclng Ene general rule, standard, or obJective.
(b) Construction activities undertaken by the public
agency taki~he enforcement or revocation action are
not included in this exemption.
cliss 22: Educational or Training Programs Involving no
Physical Changes. Adoption, alteration, or termination of
educationsl or training programs which involve no physical
arteratlon ln the area affected or which involve physical
changes only In the interior of existing school or training
structures. Examples include, but are not limited to:
(a) Development of or changes in curriculum or training
methods.
IO/~~
-18-
(b) Changes in the grade structure in a school which do
not result ln changes ln student transportatlon.
Class 23: Normal Operations of Facilities for Public
Gatherlngs. Normal operations of existing facilities for public
gatherings for WhlCh the facllitles were designed, where there
15 a past history of the facility belng used for the same kind
of purpose. Facilltles included wlthin thlS exemption include,
but are not Ilmited to racetracks, stadlums, conventlon centers,
audltorlums, amphltheaters, planetarlums, swimming pools and
amusement parks.
Class 24:
regulatory
Commlss1on
tollowlng:
Regulation of Work Conditions. Actions taken by
agencies, including the Industrial Welfare
as authorlzed by statute, to regulate any of the
(a)
Employee wages,
(b)
Hours of work, or
(c) Working conditions where there will be no demonstrable
physlcal changes outslde the place of work.
Class 25: Transfers of Ownership of Interests in Land ~r
~eserve Open Space. Transfers of ownershlp of inte~~stSTn
land ln order to preserve open space. Examples include but
are not limited to:
(a) Acquisition of areas to preserve the existing
natural condltlons,
(b) Acquisition of areas to allow continued agricultural
use of the areas,
(c) Acquisition to allow restoration of natural
conditions,
(d) Acquisition to prevent encroachment of development
into flood plalns.
Class 26: Acquisition of Housing for Housing Assistance
Programs. Actions by a redevelopment agency, housing authority,
or other publlC agency to lmplement an adopted Housing
Asslstance Plan-OY-acquiring an interest in housing units. The
housing unlts may be either in existence or possessing all
requlred permlts for constructlon when the agency makes its_
tlnal declslon to acquire the units.
Class 27: Leasing New Facilities.
(a) Leasing of a newly constructed or previously
M/~-
-19-
unoccupied privately-owned facility by a local or
state agency where the local governing authority
determined that the building was exempt from CEQA.
To be exempt under this section, the proposed use of
the facility:
l} Shall be in conformance with existing State
plans and policies and with general, community,
and specific plans for which an EIR or Negative
Declaration has been prepared,
2} Shall be substantiall the same as that originally
proposed at the time the buildlng permit was
lssued,
3} Shall not result in a traffic increase of
greater than 10% of front access road capacity, and
4} Shall include the provision of adequate
employee and visltor parking facilities.
(b) Examples of Class 27 include but are not limited to:
I} Leasing of administrative offices in newly
constructed office space,
2} Leasing of client service offices in i,,~wly
constructed retail space,
4.4 OMIT
4.4.1 OMIT
4.4.2 OMIT
-/OI7~-
3} Leasing of administrative and/or client service
offices in newly constructed industrial parks.
NOTE:
/()116-
The numbering of the following sections has been
changed and is not shown. All other other changes
are shown.
20
Section 5 INITIAL STUDY OF PROJECT TO DETERMINE IF AN EIR IS REQUIRED
5.1 Initial Review of Non-Exempt Projects
When a project is found by the project applicant; the Coordinator
or t~~ a decision making ~~~i/~~t~~~ authority; to be subject to
the requirements of CEQA and not exempt from the provision of these
~~~t~y procedures, the project applicant shall submit or cause to be
submitted, an application for ~~/~1~/~t/tt~~/J$Y/~~~j~~/~t/t~~/~~~~jt
~~tj~~/t~t an IS. ~~/~~~~~l~/~t/~~j~~/j~/~~/~~/t~~~~/t~/~~~~~~j~
X/~t/t~t~/~~xt~yj/~t/r~~/t~~~jt~~/t~~ f~t/t~~/pt~t~~~j~~/~t/pt~t
~~t~tj~~/~t/~~/~J~J//1~t~/J$/~~p~j~~~j~~/~~~~~/~~/~~~~~p~~j~~/~r
tjY~/I$Y/~~~j~~/~t/~~i/~~p~~ttj~~/~~~~~~~t~/t~~~tt~~/~i/t~~
~~~t~j~~t~t/~~~/~~~'~/~~/~~~~j~t~~/t~/t~~/~~~t~j~~t~t/j~/t~~
?X~~~j~~/~~~tJ//~/%~~~J~~/tjlj~~/t~~/t~/t~~~jt~~/~tt~/t~~/~~~~j~~j~~
~t/~~/'$/~~~lj~~tt~~J//1~~/~~~t~j~~t~t/~j~~/~~~~~~t/~/pt~~j~j~~tr
t~yj~~/~t/t~~/~~~lj~~tj~~/t~/j~~~t~/t~~t/jt/j~/~~~~~~t~J//~~~~/t~~
~~~lt~~tj~~/j~/~~~~l~t~j/t~~/~~~t~j~~t~t/~~~~~/~~~~~~t/~tt~/t~~/
~~~~~t~/~t/t~~/~~~/~t/t~~jt/t~Pt~~~~t~tj~~/t~/~~t~t~j~~/~~j~~/~t/t~~
~jt~~tj~~~/~~~~jtj~~/j~/$~~J/~J7J~f~J7J~/~~j~t~J//tt/t~~/t~~~jtj~~~
~~~~jtj~~/j~/$~~J/;J7Jl/~t/;JJJ~/~~j~t~/t~/t~~/~~j~j~~/~t/~~~tt/~~~
~~~~~tj/t~~/~~~t~j~~t~t/~~~~~/~~~p~~t~/t~~/J$/~~~/~t~p~t~/~~/~~.
It/t~~/~~~~jtj~~~/~~~~jtj~~/j~/;JJJ~/~t/;J7J;/~~j~t~/j~/t~~/~pj~j~~
~t/~~y/~~~/~~~~~tj/t~~/~~~t~j~~t~t/~~~~~/~~t/t~~/J$/t~t/t~~~j~~t~tt~ri
~~t~t~/t~~/~~~/~~/t~~/~~~t/~~~jl~~l~/~~~~~~j/~~t/~~~~/t~~~/X~/~~t$
~tt~t/t~~/~~t~/~t/~~~~j~~j~~J
1~~/~~~t~j~~t~t/~~~"/~'~~/~~~~~'t/~jt~/~~t/t~~~~~~j~'~/~~~v j
~t/~~i/~~~~~y/~~~j~~/i~tj~~j~tj~~/~y/~~~/t~/~~t~j~/~~~~rit$/~jt~
t~~~t~/t~/t~~/~~~tt~~~~~t~t/~tt~~t~/~t/t~~/~t~i~~tJ
;JJ//1~~/~~~t~t~~t~t/~t/~~~/~jtl'/~~~~~/~~/t~~/t~t~t~~tj~~
~~~~jtt~~/~~~/~t~~t~j~~/~1~jX~~~~j/~~~~~~t/~~/J$/~t/t~~/~~t~~tj~~Xr
~~~~t~~/~~~jt~~~~~t~l/~tt~~t~/~t/t~~/~t~~~~~~/~t~i~~t/~~~/t~~/l~~~t
~t/~j~~jtj~~~~~/~t/j~~~~tJ
This application shall be on a form as approved by the ERC, it
may include other technical re orts, documents or depictions
necessarv for a determination of signiflcance to e ma e and shall
be submitted in a quantity as specified by the ERC. The appllcatlons
shall be accompanied by the filing fee specified in the Master Fee
Schedule.
T...~oordinator shall review the documents to assure that the
~Jj~~~omplete and adequate to evaluate the project.
When the rtpplication is found to be co~plete and adequate,
the Coordinator shall mail a Notice of Public Hearlng & Inltlal
Study, to contiguous property owners, or if the project is not
site specific, publish the notice in a paper of general circulation.
This notice shall include the purpose, time and place of such
hearing. The owners of contIguous property shall be those shown
on- the equalized assessment roll on file in the office of the
City Clerk.
~th~Coordiniltor finds that the proposed project is
of such ma~i.tud~otenti'11 controversy or if a particular
Eroperty owner's interests may be aftected, the geoqr~phical
area to be given notice may be expanded to include other property
) Of 71;-D-wners .
-21-
If the purpose of the IS is to focus an ErR the Notice
of Public Hearing & Initial Study need not be se~t.
. This notice ~hall be mailed or published at least 10 days
prlor to the publlC hearing. A copy of the Notice of Public
Hearing & Initial Study shall also be mailed to any responsible
agency or agency having jurisdiction by law.
Upon completion of the public hearing and the evaluation
of the project, the ERC will determine that one of the following
situations exist:
5.1.1 There is no possibility that any aspect of the project
in question could cause a substantial adverse change in the en-
vironment, and the ERC may issue a draft ND and
forward it to the decision making ~~~i authority on the project for
its consideration and final determination.
5.1.2 If all potential impacts have been mitigated ~o an
insignificant level and/or feasible alternatives having no
significant impact on the environment have been impleITented
eliminating any possibility that the project in question could
cause a substantial adverse change in the environment or mitigation
measures which will reduce ~mpacts to a level of insignificance,
have been agreed to by bhe ERC and project
applicant, ERC may lssue a draft ConditIoned ND
and forward it to the decision making authority on the project for
its consideration and final determination.
5.1.3 Based on the findings in Section 5.2, one or more
aspects of the project, either individually or cumulatively, may
cause a substantial adverse change in the environment and an ErR
must be prepared to evaluate the project and its consequences, or;
5.1.4. More information is necessary and the public hearing
and IS shall be continued for submission of this additional
information which may be in the form of a technical support
document or other information.
5.2 Mandatory Findings of Significance
A project shall be found to have a potential significant
effect on the environment if:
5.2.1 The project has the potential to 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
Ie}) ?,~_Of the major periods of California history or pre-history.
-22-
5.2.2 The project has the potential to achieve short-term
environmental goals to the disadvantage of long-term environmental
goals.
5.2.3 The project has possible environmental effects which
are individually limited but cumulatively considerable. As used
in this 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.
5.2.4 The environmental effects of a project will cause
substantial adverse effects on human beings, either directly or
indirectly.
If there is any questions whether any actions could arguably
have significant impact in regard to the factual issues as
exemplified in the above examples or findings, then the testimony
showing dispute regarding factual environmental issues shall
constitute significant cause to require the preparation of an EIR.
An EIR should be prepared when there is serious pU0l~c
controversy concerning the environmental effect of a project.
Controversy not related to an environmental issue does not require
the preparation of an EIR.
5.3 ND Contents. An ND shall include a brief description of the
project as proposed, including a commonly used name for the project,
if any; project location and name of proponent; a finding that
the project will not have a significant effect on the environment;
~~/~tt~~~~~ where a copy of the IS documenting reasons t~
supporting the findings may be reviewed; and mitigation measures,
if any, included in the project to avoid potentially significant
effects.
5.4 Public Review. When the ERC issues an
ND, it shall be made available for public and agency review at
the Planning Department office. Every person who made comments
on the application for an IS, all responsible agencies or agencies
with jurisdiction by law and the project applicant, shall receive
a written copy of the ND.
5.5 Notice of Proposed 'Findings. If the decision making authority
is to hold a public hearing on the proposed project, the notice of
said hearing shall include a statement of the proposed findings of
no significant environmental impact and shall state that the ND and
IS are available for public review at the Planning Department.
/w~~
23
If' the decision making authority is not required to hold a ~ublic
hearing on the proposed project, notice of the proposed findings
of no significant environmental impact and the availability of the
ND and IS shall be given by one of the following methods:
5.5.1 If the project involves a discretaionary act on a
specific parcel of land, notice shall be given by posting of a
notice on and/or ~tt/t~~ adjacent to the project site ~t/t~~
pt~j~~t or by mailing a notice to adjacent property owners as
specified in Section 5.1. --
5.5.2 If the project does not involve any specific property,
notice shall be given by at least one publication of the notice of
the proposed findings of no significant environmental impact in
a newspaper of general circulation in the City as provided in the
Charter of the City of Chula Vista.
5.6 Adoption of NO. The NO shall be presented to the decision
making authority on the project, a minimum of ten (10) days after
it is recommended by the ERC.
Jt/~/~~~~j~/~~~tj~~/j~/~~j~~/~~J~/~~/t~~/pt~p~~~~/pt~i~~~'/~~~~j~~~r
t~J~~j~~/t~/t~~/pt~p~~~~/tj~~j~~/~t/~~/~j~~jtj~~~~/~~~jt~~~~~~~J
j~p~~~/~~y/~~/~t~~~~~~~/~~tj~~/~~~/p~~Jj~/~~~tj~~/~~t~t~/~~~
~~~j~j~~/~~~j~g/~~t~~tj~y/
If no public hearing is to be held, the decision making authority
must consider all written comments on the proposed finding of no
significant environmental impact. All written comments re'~~Lve
to said proposed findings must be received by the decision making
authority within ten (10) days after the notice is given of the NO.
If no written comments are received, the decision making authority
may consider the NO after the comment period. If written comments
are received, a minimum of four (4) additional days may be allowed
prior to consideration of the NO for evaluation of any input.
If the decision making authority finds on the basis of the facts
relative to the required findings, that the project will not have
any significant impact on the environment, it shall adopt the NO
and it shall become final. No further environmental review shall
be required, except as otherwise provided in t~~/p~Xi~i these
procedures.
If no public hearing is to be held on the proposed project, the
decision making authority shall advise all persons who have
commented,of any decision which has been made relative to the
NO and the project.
5.7 Filing. After an NO or EIR has become final and a determination
has been made to approve .or conditionally approve the project, the
Coordinator shall file a Notice of Determination with the County
Clerk or Secretary for Resources. If the project has been denied,
t~j$/p~Jt~i CEQA does not apply and no Notice of Determination
shall be filed.
~~
-24-
1~~/~~tj~~/~t/~~t~t~j~~tj~~/~~~~~/j~~~~~~/t~~/~~~j~t~~/~t/t~~
~t~i/~t/~~~~~/yt~t~/~~/~~~t~~~/~~~/~t~i~tj/~~~/~~t~t~j~~tj~~/~t/t~~/
~jti/~t/~~~~~/Yj$t~/t~~t/t~~/~t~i~tt/~j~~/~t/~j~~/~~t/~~~~/~~t
~j~~jtj~~~t/~tt~~t/~~/t~~/~~~jt~~~~~t'/~~~/~/~~~t~~~~t/t~~t/~~
~~/~t/~J~/~~~/~~~~/~t~~~t~~/~~t~~~~t/t~/t~~/~t~~j~j~~/~t/~t~~/~~~
jt/~/~t~t~~~~t/~t/~y~ttj~j~~/~~~~jtt~~~/~~~/~~~~/~t~~~t~~j/jt/$~~XX
~~/~tt~~~~~J//Jt/t~~/~t~i~~t/t~~~jt~~/~j~~t~tj~~~tt/~~~t~~~X~/tt~~
~/$t~t~/~~~~~i'/t~~/~~tt~~/~t/~~t~t~t~~tj~~/~~~/~~/~X$~/~~~XX/~~
tj~~~/~jt~/t~~/$~~t~t~ti/t~t/~~~~~t~~~J//1~~/ttXj~~/~t/t~~/~~~jt~
~t/~~t~t~t~~tt~~/$t~t~~/~/J~/~~i/~t~~~t~/~t/~j~j~~tt~~~/~~/~~~tt
~~~XX~~~~$/t~/t~~/~~Pt~~~~/~~~~t/~~0~J
5.8 Changes in Project/Subsequent Environmental Review
Once the environmental review process has been completed, no
further review is required unless one of the following conditions
exists:
5.8.1 Subsequent changes are proposed in the project which
will require ~~i~t important revisions of the EIR or ND/IS due to
the involvement of new significant environmental impacts not con-
sidered in the previous EIR or ND7IS on the project, or
5.8.2 Substantial changes have occurred with respect to the
circumstances under which the project is undertaken $~~~/~$/.1/ t;1~f
~~~~tt~X/~~t~tt~t~tt~~/t~/t~~/~tt/~~~Xtti/~~~t~/t~~/Pt~i~~t/~txX/~~
X~t~t~~ which will require ~~i~t important revisions in the ErR or
NO/IS due to the involvement of new significant environmental im-
pacts not covered in a previous ErR or adopted NO, or
5.8.3' New information of substantial importance to the
project becomes available, and
(a) The information was not known and could not have
been known at the time the EIR was certified as complete
or the ND was adopted, and
(b) The new information shows that the project will
have one or more significant effects not discussed
previously in the EIR or NO/IS, significant effects
previously examined will be subst~n~ial~y more severe
than shown in the EIR or NO/IS, mltlgatlon measures
or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce
one or more significant effects of the project, or
mitigation measures or alternatives which were not
previously considered in the ErR or NO/IS would sub-
stantially lessen one or more significant effects on
the environment. tt/t~~/~t~/~t/~~/~~~/~~~~/~~~~x~t~~
~~t/t~~/~t~g~~t/~~$/~~t/i~t/~~~~/~~~t~P~~/~~~/~~i/~j
t~~/~~~P~/t~~~jtj~~~/~~j$t$j/t~~/~jti/~~~XX/Pt~~~t~/~t
~~~$~/t~/~~/pt~~~t~~/~/$~~~X~~~~t~X/~t~/~t/~~/j~/~tf
tr6t~;!~t~/~jt~/t~j$/p~Xj~iJ
/{j( 7,
-25-
5.9 The ERC shall hold a public hearing on any significant
project revisions to assure that there will be no potential for
new significant environmental impacts or the ERC shall require
that a supplement to the EIR or a modification to the ND shall
be prepared.
The project proponent shall submit six (6) copies of a description
of the revisions or changes, any necessary technical reports, plans,
graphics or any other material necessary to evaluate the project
along with the fee established in the Master Fee Schedule.
If the ERC finds that a proposed project is essentially the same,
in terms of impact or circumstances under which the project is to
be undertaken, ~~/~/pi~g~t~/t~i/~~it~/~n/~t~/~~~/~~~n/pt~pt~~~Ji
ptip~ti~, the ERC may recommend that the previously prepared EIR
be certified as the final EIR on the subject project. ~n~~t/t~~
~~~i/~tt~~~~t~~~~~/t~~/t~~/~~r/t~~~~~~~/t~~/~~ttltli~tt~~/~t/~
tt~~X/~t~/t~t/~~t~/t~~~/~n~/pt~g~~tJ The.ERC must hold a public
hering as provided in Section 6.7 of these procedures, to determine
the adequacy of the previously prepared EIR.
)0116-
-26-
Section 6 PREPARATION AND PROCESSING OF EIR's
6.1 General Requirements. If it has been determined that a
project may have ~~~~oV~V significant environmental
impact, the project applicant ~~~~l/~~l~~t/~~~~~lt~~t~/~~/~t~~j~~~
j~/$~~tj~~/$JJ/t~/~t~p~t~/~~/~1~/j~/~~~~lj~~~~/~jt~/t~~/t~~~jt~~~~t~
~t/t~j~/p~lj~YJ//~jt~/t~~/~~l~~tj~~/~t/t~~/~~~~~l~~~t~,/t~~/tj~j~~
t~~/~~~ll/~~/p~j~/j~/~~~~t~~~~~/~j~~/$~~~t~~/l~Jl/~t/~~t~/p~~t~YJ
shall request the city to initiate the preparation of the EIR as
provided in these procedures and pay the fee as provided in the
Master Fee Schedule. The project applicant shall also deposit
with the City an amount necessary to reimburse all city retained
consultants providing environmental analysis of the project.
The Coordinator shall be responsible for providing independent
evaluation and analysis of the ~~~Jj~~tj~~/t~ environmental
document for the ERC and for consulting with any person or or-
anization which may be concerned with the environmental effects
of the project and any responsible agency, trustee agency or any agency
with jurisdiction by law.
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ptii~~t/~t~/~tXX/~~/t~/~1~/~~/t~~/~~~ptt~~/~t/ft
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t~~~~~/~t~t~~~~i/~i~~~~~/t~~/~tt~~t%/~t/t~~/~~~f
~tt~~rt~~/~~~/~~/pt~~j~~~~/~t~~/~t~~~~t/~~~~t~~iJ
~1?1?//~~/~1~/9~/~/pt9t~~t/~~~~/~~/~~~/~~~ptj~~/~t
~~~~~~~ifV/~f/~/~~~~t~~~~~ly~/t~~I~~/~t~j~~~~~j/~~~~tftA
P~~~1/91/~~~~~~t/t~~1~~tj/~~~~X~/t~~~~/~~/t~~/~~t~~~~t1
~ff~1r~/~~t/~~~/~~/~~~~~t~~/t~/t~JX~~/tt~~/t~~
~~~pV~9~/~~r/r~~/~1~/~~~~/~~t/~~/~%/~~t~j~~~/ft~/ft~
~r~/9if/~~/~p~~jtt~/~9~~tt~~tt~~/pt~j~~t/t~pt/~tB~t/
f9~~cj.I.
5~;.v.IV/~~/t~q~1t~~~~t~/f~t/~~/~J~/~~-~/~~~~t~~/p~~~
9t/~~~~~ifV/~~t~9fl/~j~X/~~/~~tt%tj~~/~t/t~~/~~~~t~~/
p~i~/~1/~~~~~~r/~9~~~~~tl/j/~)j/~~/~~p~t~t~/~J~/~tA~
~if/tifg~1t~~1/1fl/f~Y/t~~/~~~~t~X/pJ~~/~~~t~~%~~/ft~A/
~if/P9Y~ti/t~q~1t~~/t~/~~/j~/~~/~J~/~t/~ttj~7~/~/~t
q~VI/~~~1~1/~9~i//t~~/f~Y/t~~/~~;~~~~t/~~~t~j~~/p/
t9~~iiX/i~~rY90/9t/~/~~y~t/~~~it/j~~~tjttj~~/~~~t~
~~/g~~~1~X/PXt0/~~~~~~~t/~~~t~~%~~/~~~~/~t/t~~
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-27-
6.2 List of Qualified Consultants. The ~t~i/~t/~~~~~/Yt~t~
Environmental Review Committee shall prepare a list of consultants
which are qualified to prepare ~~~~t~~~t~~~/t~t ErR's on private
projects. The list shall include firms which have established that
they have met the standards t~/~~~~~~t~/~J formulated by the
Environmental Review Committee. The ERC may also prepare a list
of sub-consultants qualified to prepare specific sections or
elements of an ErR C~ other technical reports.
All consultants who wish to be considered for placement on the
list of qualified consultants shall present sufficient information
to the ERC so that it may t~~~~~~~/~~/~~~/~jti/~~~~~jX/~~~~
~~~~~~~t~~/ttt~~/~~t~~ determine if they meet the standards for a
qualified consultant. Firms currently on the list need only
provide information on standards which they previously have not
demonstrated they meet. ~~~/~jti/~~~~~jX/~~~~X/~~P~/tj~~X/
~~t~~tt~y/t~t/~~~~~~~~t/~t/ttt~~/~~/t~~/~~~~jtt~~/~t~~J l~~/~~9
~~~XX/~~~~t/~~~/~~t~t~t~/t~~/Xttt/~t/~~~Xjtj~~/~~pjt~~~~~t~l
irtvliiXtivltil
6.3 Types of ErR's
6.3.1 Focused ErR
After conducting an IS, the ERC shall identi':y those
concern WhlCh could lnvolve slgnltlcant envlronmental
either individual 1 or cumulativel. These issues shall
"be discussed in the EIR. Any other issues which clearly wou
not result in a si nificant impact need not be discussed unless
there is a possibility of publlccontroversy on t at lssue.
6.3.2
EIR's Involving Large Scale Projects or Projects
in Environmentally Sensitive Areas
When the ERC finds that a project is of such a
magnitude or is in an area of environmental sensitivitles, a
constraints inventory of environmental resources and hazards shall
be prepared prior to the submission of an applicatlon for approval
of the project. This inventory shall be prepared by the environmental
consultant selected by the ERC to prepare the EIR on the project
and shall serve as the data base for the preparation of the EIR
and the design .of the project. Technical reports submitted by the
project applicant may be utilized by the City's consultant after
an independent evaluation and verification of facts. The ERC
shall prepare the necessary guidelines, outlines and procedures
~ecessar~ to implement the preparation of these inventories.
6.3. 3
Other Types at ErR's
The provisions for Master/supplemental, (Tir>rinq) ano
program EIR's in the State EIR Guidelines (Section 15069) have been
previously incorporated into these procedures.
)0/76-
-28-
6.4 Upon the decision to prepare an EIR, and tt/t~~~tt~~, when
the necessary fees have been paid, a Notice of Preparation shall be
distributed to all responsible agencies and agencies with jurisdication
by law.
A notice of public meeting including notice of the time and place
of a public meeting to be held by the Coordinator to review issues
which should be analyzed in the EIR, shall be distributed in
accordance wit~Section 19.12.070 of the Chula Vista Municipal Code.
6.5 Preparation of the EIR. If a project with potential
significant impacts is to be undertaken by a private party, the
city shall prepare the EIR and candidate CEQA findings by one
of the following methods:
6.5.1 If the ~~~t~t~~t~t/~t/t~~ ERC finds that the information
available in the IS application, technical Support documents Or
other sources, is adequate, the Coordinator may prepare the EIR
and candidate CEQA findings with the assistance of other city
departments. The Coordinator shall inform the project proponent
of the estimated time and information required for the EIR. If
this procedure and the estimated time required for the preparation
of the EIR is acceptable to the project proponent, t~~/t~~~tt~~/t~~
~~~XX/~~/~~p~~tt~~/~~~/K~~ Coordinator shall prepare the EIR and
candidate CEQA findings.
6.5.2 If the proponent does not desire the Coordinator to
prepare the EIR, or if the Coordinator cannot prepare the EIR
because of a required expertise, Or the number of EIR/IS's in
process, t~~/Pt~g~tt/Pt~P~~~~K/~~~XX/~~X~tK/t~~~~Xt~~t~/tt~~/t~~
Xt~t/~t/~~~Xttt~~/t~~$~Xt~~t$/~$/~~t~~Xt$~~~/~l/t~~/~ttl/~~~~ttX.
The EIR and candidate CEQA findings shall be prepared by an en-
vironmental consultant selected by the ERC and agreed to by the
project applicant.
The Coordinator shall within 10 days of the t~~~~Xt~~t~
$~X~~t~~/~y/t~~/Pt~j~~t/~t~~~~~~t request to initiate the preparation
of the EIR and candidate CEQA findings and the payment of the filing
fee, distribute Requests for Proposals (RFP) ft~/~t~~t~~~/t~/~~~~~~tt
~ wtt~t~/X~/~~y$' to the ~~X~tt~~ consultants on the list
of consultants. All proposals from the consultants must be received
by the Coordinator within 15 days of the date of the RFP.
If only one proposal is received by the Coordinator
and the proposal is acceptable to the project proponent and the
Coordinator, the Coordinator shall prepare an agreement as
provided t~/~~~~~~tt/l by the ERC. Once the agreement has been
signed by the proponent and the consultant (contractor) and the
agreed to reimbursement for the consultants has been deposited with
the city, the agreement shall be presented to the Chairman of the
ERC ~t/t~~tt/~~tt/~~~tx~~X~/~~~tt~~ for consideration.
If more than one proposal is submitted, they shall be
~raded by the ERC in accordance with a rating sheet developed by
OI7'~ the ERC. The proposal with the highest rating shall be invited by
the Coordinator to enter into an agreement with the ERC ~tti and
:~- the project proponent to prepare the draft and final EIR and
~.~ candidate CEQA findings.
29
Once the agreement ~$/~t~~t~~~/t~/~~~~~~t~/t is
signed by the project proponent and the consultant (contractor)
and agreed to reimbursement for the consultant has been deposited
with the city, the agreement shall be presented to the ~~~/t~t
t~~tt/~~tt/~~~t~~~~~/~~~tt~~/t~t/~~~$t~~t~tt~~J Chairman of the
ERC for signature.
6.6 Public Projects. When a department or agency of the City
of Chula Vista is proposing to carry out a project which may
significantly effect the environment, it shall prepare a pre-
liminary of the draft ErR either directly or by contract. When
complete, the preliminary draft ErR shall be submitted to the
Coordinator who shall carry out the analysis and consultation
functions as noted below.
6.7 Processing the ErR. The Coordinator, ~~~tX upon receipt of
the preliminary draft ErR from the consultant or City department
shall perform an independent evaluation and analysis of the docu-
ment. He shall consult with any responsible agency, having an
interest in, special expertise, or is otherwise concerned with the
environmental effects of the proposed project. The Coordinator
will act as a representative of the ERC in performing these ad-
ministrative functions.
As soon as the draft ErR is completed, it shall be
presented to the ERC for consideration and issuance as the city's
draft ErR on the project. Once issued by the ERC, a Notice of
Completeion shall be filed with the Secretary for Resources, the
State of California by the Coordinator and ~ notice given tf'l~~fl
~~i as provided in Section 19.12.070 of the Chuia'Vi8.t~----
Municipal Code.
6.8 Public Review of the Draft ErR. After issuance by the ERC,
copies of the draft ErR shall be distributed to the Resources
Conservation Commission, affected agencies and department heads,
others with jurisdiction by law, and all responsible agencies
when the City of Chula Vista is functioning as the Lead Agency,
and copies shall be deposited with the Chula Vista Public Library
for check out. A minimum 30 day period for agency and public
review shall commence with the issuance of the draft ErR by the
ERC. The review period shall terminate with the closing of a
public hearing held by the Planning Commission to provide input on
the draft ErR. The ERC may specify a longer review period for full
public participation, input and evaluation. During the review
period, the Coordinator shall consult with any agency having
jurisdiction by law and persons or groups having special interest.
With the exception of testimony at the Planning Commission public
hearing, all input on the draft ErR shall be in written form. The
Resources Conservation Commission may review the draft ErR and may
prepare a recommendation for the Planning Commission and forward it
to the Coordinator. ~~~
10 It; 5
-30-
6.9 Final EIR. The Planning Commission shall hold a public hearing
to take testimony on the adequacy of the draft EIR. If no revisions
to the draft EIR are necessary and no significant input to the
EIR is made, the Planning Commission may adopt the draft EIR as
the final EIR along with the CEQA findings after closing the public
hearing. If significant environmental issues are raised during the
consulting process or during the public hearing, a response by the
City of Chula Vista or a revision to the draft EIR text shall be
prepared by the consultant or the Coordinator ~jt~t~/~/~j~t~~~
p~tt~~/~t/X~/~~i~J prior to the Planning Commission consideration
of the final EIR. ~7X~~~~t/p~tj~~/~ai/~~/~p~tjtj~~/~i/t~~/~X~ririjri~
~~~~j~~j~~/~~p~~~t~~/~~/t~~/~~~~tt~~~/~t/t~~j~j~~$/t~/t~~/~t~tt/tt~,
~~~/%t~X~/~t/~~~tt~y~t~y/~t/t~~/~t~J~~t/~t/t~~/~~~~t/~t/tt~'~/t~
~t~t~~~. The Planning Commission shall review the recommendation of
the consultant and the Coordinator, the final EIR, all public input
and review any comments from other agencies or city departments on
the EIR. If the Planning Commission finds the report has been pre-
pared in accordance with the requirements of these procedures t~j~
~~Xt~i and Cal. Admin. Code, CEQA of 1970, and all applicable state
laws, it shall be resolution, so certify and the EIR shall become
final.
The Planning Commission may also adopt the EIR subject to revisions.
If the final EIR is found to have major inadequacies in light of
the above requirements, the Planning Commission may require that
more information be included in the final EIR. A request for more
information in an EIR may be appealed to the City Council wi~hin
10 days of Planning Commission action. Said appeals shall be made
on forms approved by the ERC and subject to the fee ~t~wj~~~/j~
$~~tj~~/XXJ} in the Master Fee Schedule. Said appeal must be
based upon the grounds tha~the-Planning Commission erred, acted ln
abuse of discretion, or requested inappropriate or unnecessary
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 certify that the final EIR was prepared in
accordance with CEQA, the Cal. Admin. Code and these procedures
t~j~/~~Xj~i' or uphold a Planning Commission request for more
information.
6.10 Presentation to Decision Makers After certification of the
EIR by the Planning Commission, or by another Lead Agency, if the
City of Chula Vista is a responsible agency, the ErR shall be
presented to the decision making authority. The authority shall
certify that the ErR has been completed in compliance with CEQA
and the Cal. Admin. Code and that the authoDity has reviewed and
considered the information contained in the ErR prior to
consideration of the project. j~~X~~j~~/~jtj~~tj~~/~~~~~t~~/~1/
~X~~1~~~j1~%/~~J~~/~;~/~~~/~~J~S/F1~F~%1~/~~~/~~j~~/~~~'~/~e
j~~~%~~/~~/'~~~~1/~~~/~~11;%J~Y/~f/t~F~1~%1
~7?
-31-
No decision making authority shall approve or carry out a project
for which and EIR has been completed which identifies one or more
significant effects of the project unless the authority makes one
or more of the following written findings for each of those
significant effects, accompanied by a statement of the facts
supporting each finding.
6.10.1 Changes or alterations have been required in, or
incorporated into the project which mitigate or avoid the significant
environmental thereof as identified in the final EIR.
6.10.2 Such changes or alterations are within the responsiblity
and jurisdiction of another public agency and not the authority
making the finding. Such changes have been adopted by such other
agency or can and should be adopted by such other agency.
6.10.3 Specific economic, social, or other considerations
make infeasible the mitigation measures or project alternatives
identified in the final EIR.
The findings required by this subsection shall be supported by
substantial evidence in the record.
The findings in Subsection 6.10.2 shall not be made ~y/~i/~t~y
if the city has concurrent jurisdiction with another agency to
deal with identified feasible mitigation measures or alterna~-ives.
6.11 Statement of Overriding Considerations. If the decision
making authority decides to approve a project for which significant
environmental consequences have been identified in the EIR, the
authority shall issue a statement identifying the other interests
on which approval is based. Adverse consequences which have been
mitigated need not be addressed in this statement. The statement
shall be attached to the Notice of Determination and ~~/j~~~t~~t~t~~
~$/~~tt/~t the final EIR.
6.12 Supplemental EIR's. In accordance with Section 5.8 of these
procedures, a revised project, a change in circumstances or new
information shall be reviewed by the ERC which shall determine if
a supplemental EIR or ND is to be prepared. Processing of the
supplement shall be in accordance with Aii/iMe these procedures t~~~jtr~
lrt/iMeie/pi~ie00iet't~t/t~~/~J,/~t~~~$$j//J$~~j/$Y
)0/ 7 '-:>-
-32-
Section 7
ErR CONTENT
ErR's shall contain the elements specified in Article 9 of the
State ErR Guidelines. The ERC shall prepare any guidelines, outlines,
procedures and/or other necessary requirements to implement the
State ErR Guidelines and these procedures.
Section 8
Conflicts with Requirements of the State of California
Any conflicts arising in the interpretation of the Environmental
Review Procedures shall be interpreted in the manner which most
fully satisfies the requirements of CEQA (Div. 13 of the Public
Resources .Code) and Cal. Admin. Code (Title 14, Division 6).
Section 9
Severability
The provisions of the Environmental Review Procedures, or any of
its provisions, are to be liberally construed to the end that all
adverse environmental consequences of a proposed project are fully
disclosed to public decision makers and the general public. T~
any provision of these procedures t~t~/~~Xt~i or its application
to any project or circumstance is held invalid for any reason,
such invalidity shall not affect any other provision or application
or application of this ordinance, or any of its provisions, which
can be effected without the invalid provision or application, and
tq this end the provision of this act are severable.
/01 { ~--
-,33-
TOTAL SECTIONS OMITTED FROM THE PREVIOUS POLICY:
Section 6 EIR Content
Section 7 Time Limitations
Section 8 Technical Support Documents
Section 9 Standard Factors
Section 10 Record Retention
Section 11 Fees
Section 14 . Definitions
APPENDIX A
. AP'PENDIX B
APPENDIX C
APPENDXX D
:
APPENDIX E
APPENDIX 'F
APPENDIX G
APPENDIX H -,
APPENDIX 1.. "
APPENDIX J'
APPENDIX K
APPENDIX L'
!O/7J;;~