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Home My WebLink About2010/11/04 Agenda WkshpI declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board acCpigti~~ Brown Act requirement~.,~ _ ~ ~ fA ~ to ~ ~ated Signe CITY OF CHULA VISTA Cheryl Cox, Mayor // Rudy Ramirez, Councilmember James D. Sandoval, City Manager ~~/-/L/~ John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember WORKSHOP OF THE CITY COUNCIL, CHULA VISTA REDEVELOPMENT CORPORATION, PLANNING COMMISSION AND DESIGN REVIEW BOARD November 4, 2010 4:00 p.m. CALL TO ORDER Police Department Community Room 315 Fourth Avenue ROLL CALL: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox Chula Vista Redevelopment Corporation Directors: Paul Desrochers, David Flores, Doug Paul, Hector Reyes, Sal Salas, Chris Lewis (Chair) and Rafael Munoz (Vice Chair) Planning Commission Members: David Bringas, Bryan Felber, Mazk Liuag, Lisa Moctezuma, William Tripp, Scott Vinson and Michael Spethman (Chair) Design Review Board Members: Ricardo Balvaneda, Rebecca Jenks, Enrique Martinez, Francisco Javier Nava and Yolanda Calvo (Chair) PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS Persons speala'ng during Public Comments may address the Council, Chula Vista Redevelopment Corporation, Planning Commission or Design Review Board on any subject matter within their respective jurisdiction that is not listed as an item on the agenda. State law generally prohibits legislative bodies from discussing or taking action on any issue not included on the agenda. Comments are limited to three minutes. WORKSHOP CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TRAINING SESSION The California Environmental Quality Act (CEQA) requires public agency decision makers to document and consider the environmental implications of their actions. Tonight staff from the Development Services Department will be providing an overview of CEQA to the City Council, Chula Vista Redevelopment Corporation, Planning Commission and Design Review Board. The overview will focus on the requirements of CEQA and the decision-makers' responsibilities under CEQA. ADJOURNMENT to the next regular City Council meeting of November 9, 2010 at 4:00 p.m., in the Council Chambers. Materials provided to the Ciry Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a Ciry meeting, activity, or service, contact the Ciry Clerk's Offzce at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 2 - CC/CVRC/PC/DRB Workshop hup://www.chulavistaca.gov November 4, 2010 _ ~DevelopnaeratSeazices Dc artnaent a,~;yb,, p = The California Environmental ~ Quality Act ~ (CEQA) Novambe~0~3010 ~`'a~ M - DeoelapnaenrSeraiices De arnnent ~'` p y+ CEQA Origins • 1969: President Nixon signs National _. Environmental Policy Act • 1970: Governor Reagan signs California _ Environmental Quality Act _; •CEQA (the Statute): Established by ®, Legislature ...and continuously modifed by ^ Legislature ~- -...and "interpreted" by the Courts ~'a~e "~ :~ Developrraent Services ' -1 D rn t mod,,, epar aera CEQA was conceived as a means =' to require public agency decision makers to document and consider ~(;. the environmental implications of their actions... 1 ~" % Development Services a ~ ' ~; Depmnnent CEQA Origins • Initially intended to apply to public ~'` projects only ~» 1972: Friends of Mammoth v. Board of Supervisors x, "rte Developme~at Services <" Department aw~su _. ..__. ;•.1.17rts '. `~"~~>~••' ~ CEQA's Origin _t ~~ California: 1970 r ~` ~ Development Services ..- ~~, '_' Department CEQA Origins s Due to Court Decision, CEQA now r' applies to'all' projects subject to discretionary action ¢, 2 ~'~- - Develvpruent Services De artment • p The Rules - _ The Statute _ -Public Resources Code §§ 21000-21178 • The Guidelines _ -California Code of Regulations Title 14, ~j §15000 et seq. -Chula Vista Environmental Review Procedures Development Servxes ~ Deparnneru Who is responsible Lead agency-Agency with principal responsibility for carrying out or approving the project Responsible agency -public agency that proposes to approve a project using another lead agency's CEQA document (Example: Bayfront EIR) ~` ;h : ~ Development Services ~- ~„~ Deparrnzent ~~ ~ Lead Agency Rofe • Document must reflect lead agency's ~' independent judgment _4 • The decision-making body cannot delegate its decision making authority under CEQA 3 ~'~ Deve[opnaenzServices ~,~,a ' -"~. Depmzrnent _` ~ The Process ~` ~. i ~"w Developnsent Services ~,-a D t t epar men . ~~, ~~~ Section 21065 -Project _~ "Project" means _~ ~ ... an activity which may cause either a [ .direct physical change in the environment, or a reasonably foreseeable indirect physical change in the t'- . environment, and which is any of the following: '~ _, X01- Development Services aw,'~aw "' .,,,,,,.Department .,~~'~. ~~' Section 15357 -Discretionary ~ Project ~y CEOA APPLIES ONLY TO DISCRETIONARY ~; PROJECTS Discretionary project means a project which requires the exercise b/ tutlgment or Oellberatlon when the pubil< agency or body decides [o approve or dlsaDDrove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether [here has been v' mnformlty with applicable statues, ordinances or ti regulations. 4 ~`P- _ ~DevelopnreratServrces De aurrsent • w p Exemptions = Statutory _ -Specific projects or types of projects li d i i L i l t . ure po cy ec s on) ( eg s a • Categorical -Classes of Projects -,' DevelapnaeruServices ~~ Department Environmental Documents Negative Declarations ~`. ~i. Mitigated Negative Declarations Environmental Impact Reports Addendums ~` ~~~: Deve(opmentServims ~~ Deparamerrt „~, ~<t~ Definition of "Significant Effect on the Environment" • Substantial, or potentially substantial, adverse change in any of the physical conditions within ~ the area affected by the project including: ~ Land Use Air Quality Water Availability Traffc Biology Noise Historical Resources Aesthetics Asocial or economic change by itself is not a significant effect on the environment. 5 ~"~ _ DCLC(O~Y11ent Sel`OtCCs ~`~> ~' De artnent , p What is Substantial Evidence? _ Includes facts, reasonable _ assumptions based on facts, expert ~; opinion based on facts _ Does not include argument, speculation, unsubstantiated opinion, erroneous information !; PRC §21080(e) statutory description 5 .~sse~+aa .. ~1P~ Deue[apment Servsces ~.;,;~,, 'ar, Department ~. _'. -,, ~~ Preparing an Initial Study ~:_ s s e s.... 4pYJ 'i. ,.... ..': ~`P~ .. , Deve(oprnent Seroices ,;~ De artment p ........ ~` `~" ' ~= Initial Study ~' -To decide negative declaration ~i (ND), mitigated negative declaration (MND) or Environmental Impact Report (EIR) -Refine issues to be addressed in an S EIR ~' ,,. ':.. PR , ...... 6 °'- Development Services • ~`°'.,~. Department Required Contents of an ~` ND/MND • Brief description of the project, location, and proponent's name • Proposed finding that the project will have no slgnifcant effect or • Mitigation measures to avoid potentially significant effects • Initial study documenting reasons supporting the finding ~`P~ ~. DevelvpmentSerarces ~'~ Department ~~ ':y 'St A Negative Declaration is prepared when su `"'~' - the initial study has identified potentially _` significant effects, but ~' - Revisions in the projector mitigation measures agreed to by the applicant before public review woultl avoid the effects or mitigate to a point where clearly no significant eRect would occur -there is no Substantial evidence that the project, as revised, may have a signifcant effect on the environment ~~. - DevelapmevtServims o.: ~• Department ,~ ^ Direct Effects Effects that are caused by a project and occur at the same =time and place as the project. 7 °- Development Services ~ ' ~ ent De artm T 0 Cumulative Effects • Incremental impact of the project ~' when added to other closely - related past, present, and reasonably foreseeable probable future projects. • Effects that are individually limited but cumulatively considerable. ~`"% ~ ,, DeveloPntentSeroiees Department What is Mitigation? =5 •CCR §15370 definition: -Avoiding the impact altogether _' -Minimizing impacts by limiting the magnitude -~~,% -Rectifying by repairing, rehabilitating, restoring -Reducing or eliminating over time d. `. -Compensating by replacing or providing 4 substitute resources "rte `~-• ,. Development Services x, ~~ 'k Department ,~>}~~ ; Y ;, Feasible Mitigation _' Capable of being accomplished in a ~~ successful manner within a reasonable ~~ -period of time, taking into account economic, environmental, legal, social, and technological factors (CCR §15364) r • Must reduce or avoid the impact Y e Project must include feasible mitigation measures e --x DavaloprueaatSevvicas ~ ~e„s ~~ Depauanerar Mitigation Measures _: -feasible measures required for significant _. effects _ -measures must be fully enforceable _ ~. -must be essential nexus (Nolan v. CCC), and t; roughly proportional to impacts , (Dolan v. Tigard) - Developvaent Services ~~„p ~' Deparnnent ' fi5 ~~ Preparing an ~` Environmentallmpact Report ~~% ~~ - Deve(opmentServices °^~"'~ Department ;...; -a: = ~ ~ Contents of an EIR .~,~,. . •Project Description e •Environmental Setting •Significant Environmental Effects g .•Significant effects that cannot be avoided •Irreversible environmental changes •Growth-inducing impacts •Mitigation Measures •Alternatives . •Cumulative Effects 9 ~` Development Services ' ~; m~~. Depmnnent Typical EI RlmpactAnalysis ~' Issues _- • Air quality .Historic Resources _ Biology Archaeology -. Water quality Water su PPIY . Energy il _ ~ l Agriculture Seismic safety ; • Geo ogy/so s • Community character Trafnc • Land Use Noise • Publi<servlces Aesthetics Hazardous materials ~" • Floodin /erosion g GHG emissions/Climate Change Develapnsent Services Department Final EIR • Text Revisions • Responses to comments -Good faith reasoned analysis - Do not have to respond to every comment -Discuss any alternatives suggested during public review • No separate review period • Written response to commenters - 10 days prior to certification ~` ~, ~ ~ Development Ser•vires _,; ~~ " Department ,. -~~'~ Statement of Overriding ~. ,~~_ ~~ Considerations Section 15093 • Reasons to approve a project where significant impacts are not avoided or substantially lessened • Supported by substantial evidence in the record • Reasons can be economic, legal, social or technological 10 °~ -_:_ Development Services ^ , De artment ,~ p Notice of Determination - Brief notice of a project approval _,~. Must be fled within 5 working days after _!' project approval _ ~' • Posted with the county clerk for at least 30 ~ ~' days. Begins Statute of Limitations for legal challenges R ~. Development Services ~" Department PUBLIC PARTICIPATION ~~ ~ DevelapmentServims a.~. ~, Department '~ `~` ~ CEQA Documents are ~~ ' ~ ~~ Informational Documents • Inform decision makers and public Lead Agency must seek publidagency •rewew - • Lead agencies must address each significant effect and respond to comments • Information from agencies/public may ~'- constitute substantial evidence in the record 11 ~` ~ r ~DevelaprnentServrcer De mtnserat ~~• p -, ND/MND Process Highlights • Notice of Intent to Adopt _ No public hearing required by CEQA - Public comments must be considered. - No response necessary, but it is good practice • File Notice of Determination p ~"% DeoeloprraeutSertrices ~ ~ ~~=.~ Department ~~~~ EIR Process Highlights ~;, • Notice of Preparation review for 30 days -r # Scoping meetings required for projects with -~. regional significance ~r Notice of Completion and Nolice of Availability f# to start 45~ay Draft EIR review •. Responses to comments sent to public agencies 10 days before certification • Public hearings on Draft EIR are discretionary • Notice of Determination ~` ~ DeveloPmeruSeroices '' ~~ Department 1F k =~ Public Notice ~ • Public notice of availability ,~ -Mailed to those previously requesting k notice and, #~ -General circulation newspaper or, -Posting in the project area or, -Direct mailing to owners/occupants within 500 feet of the project site 12 ~DeveZoprnerttSeanrices artment ~'- De ~,,;~,• p - Notice of Determination = Within 5 working days after project _ approval _ Posted with the county clerk for at ® least 30 days. • Filed with OPR for at least 30 days. Department Questions? 13