HomeMy WebLinkAbout2011/03/22 Item 13CITY COUNCIL
AGENDA STATEMENT
_ _ ~~ CITY OF
CHULA VISTA
March 22, 2011
Item No: ~,~,~
ITEM TITLE: ACTION ITEM: Resolution of the City Council of the City of
Chula Vista adopting revisions to the Environmental Review
Procedures of the City of Chula Vista.
SUBMITTED BY: DIRECTOR OF DEVELOPME~~~VICES/
ASSISTANT CITY MANAGE
REVIEWED BY: CITY MANAGER 0,,~ S~
4/STHS VOTE: YES ~ NO ~X
SUMMARY
In early 2009, the Development Services Department launched a comprehensive review
of the City's development review process to determine improvements that could
streamline it, increase transparency, improve public access, as well as make the process
more predictable for applicants and reduce the cost. As part of that on-going effort, City
Staff has worked with the Development Services Oversight Committee to update and
streamline the City's Environmental Review Procedures.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is
not subject to CEQA. Thus, no environmental review is necessazy.
RECOMMENDATION
That the Council adopt the attached resolution.
13-1
Meeting Date: 03/22/11 Item
Page 2
BACKGROUND
In 2009, an effort was initiated to review the City's development processes to determine
what improvements could be made to reduce redundancy, administrative costs and
processing timelines while not sacrificing opportunities for early public input and review.
Initial meetings with the Chula Vista Redevelopment Corporation (CVRC), Planning
Commission and Design Review Board (DRB) were held to get their preliminary input.
After the Citywide reorganization and formation of the Development Services
Department in early 2009, a staff committee was convened to identify a series of short
and long term issues that needed to be addressed to improve the development review
process. The scope was broadened to address issues related to all divisions of the new
Department.
In the spring of 2009, a 25 member Development Services Oversight Committee
("Oversight Committee") was formed to work with staff in identifying additional areas
that needed improvement and assist in developing workable solutions. The Oversight
Committee is comprised of developers, business owners, community organizations,
engineers, architects, and contractors. The Oversight Committee has been meeting
regularly to review and provide input on draft work products developed by staff. On
April 20, 2010, the City Council approved comprehensive amendments to the Zoning
Code (Title 19) and Subdivision Ordinance (Title 18) that help to streamline the
development review process, eliminate redundant project review by the Planning
Commission and Chula Vista .Redevelopment Corporation (CVRC), and create a new
City-wide Public Participation Process (Council Policy 400-02).
DISCUSSION
The proposed revisions to the City's Environmental Review Procedures have been
evaluated and discussed with the Oversight Committee over the last year. On December
13, 2010, the Oversight Committee unanimously endorsed the proposed revisions to the
Environmental Review Procedures and directed staff to bring the revised procedures
forward for City Council approval.
Pursuant to Section 17.02.010 of the Chula Vista Municipal Code, the City Council, from
time to time, shall adopt by resolution procedural guidelines to be followed to insure
compliance with the California Environmental Quality Act (CEQA), and local
government processes. The Environmental Review procedures were originally adopted
by the Council in 1974, in accordance with City law and CEQA requirements. Pursuant
to Section 15022 of the CEQA Guidelines, each public agency shall adopt objectives,
criteria, and specific procedures consistent with CEQA and the CEQA Guidelines for
administering its responsibilities under CEQA, including the prepazation of
environmental documents. Section 15022 (e) allows public agencies to adopt the state
CEQA Guidelines through incorporation by reference. Since 1974, the City Council has
adopted numerous revisions to the procedures, primarily to provide consistency with
amendments made to the CEQA Guidelines by the State Office of Planning and
Research. The City's current procedures require the City to periodically review them and
13-2
Meeting Date: 03/22/11 Item
Page 3
make recommendations to the City Council regarding any necessary or desirable
revisions.
The Oversight Committee has provided valuable assistance and direction to staff in this
current effort. Outlined below are the substantive revisions to the City Environmental
Review Procedures that are proposed at this time. Since the proposed revisions are
extensive and involve most sections of the currently adopted procedures, the adopted
procedures will be repealed and replaced with the revised procedures. A draft of the
Procedures depicting all proposed revisions has been provided in Attachment "1".
Section 2.1 -When CEQA applies
The current procedures do not define what constitutes a "project" subject to CEQA
review. The procedures have been revised to include the definition of a "project" as
specified in CEQA (Pub Res C 21065). CEQA defines a project as an activity that is
carried out or authorized by a public agency that results in either a direct or indirect
physical impact upon the environment.
Section 3.0 - Proiects Exempt from Environmental Review
The current list of Statutory and Categorical Exemptions has been removed from the
procedures since they are outdated and subject to periodic change by the state legislature.
The Statutory and Categorical Exemptions outlined in the CEQA Guidelines (Sections
15260-15285 and 15300-15333) have been incorporated by reference in Section 3.1.1 of
the revised Environmental Review Procedures. Incorporating CEQA exemptions by
reference provides on-going consistency with state CEQA Guidelines, removes several
pages of outdated and unnecessary language from the procedures, and makes the
document more user friendly.
Section 4.3 -Notice of Initial Studv
The current procedures only require that contiguous properties be provided with a Notice
of Initial Study (NOI). The procedures have been updated to reflect the City's
longstanding practice/policy for all public notices, inclusive of NOIs, to send out a
written notice to all property owners and occupants within 500 feet of a project site. This
is consistent with the Council Policy 400-01 regarding Land Use Hearing Notice. The
notice is also sent out to all interested parties.
Section 3.4 (5.7, and 6.8) -Appeal of CEQA Determination
The procedures have been revised to incorporate CEQA Guidelines Section 15061(e),
15074(f), and 15090(b) by reference, which allow CEQA determinations on projects that
are made by a City official or non-elected board/commission, to be appealed to the City
Council. These are existing sections of CEQA that are often overlooked. The language
provides notice to staff, developers, and other interested parties that a CEQA
determination made by staff or aboard/commission may be appealed to the City Council.
13-3
Meeting Date: 03/22'/11 Item~~
Page 4
Section 5.2 -Public Review
The current procedures do not specify public review requirements for Negative
Declarations and Mitigated Negative Declarations. The proposed revisions would specify
that the public review period for proposed ND/MNDs be provided in accordance with
Section 15105 of the CEQA Guidelines and any future amendments to that section.
Pursuant to Section 15105 of CEQA, with specific exceptions, the public review period
for a ND/MND shall not be less than 20 days and shall not be less than 30 days when
submitted to the State Clearinghouse for review by state agencies, as may be required.
Section 5.4 -Review of ND/MND
The current procedures require that a ND/MND be presented to the decision making
authority a minimum of 10 days after it is recommended by the Development Services
Director and notice is given. Pursuant to Section 15074 of the CEQA Guidelines,
decision making bodies shall consider the proposed ND/MND prior to approving the
project. Consistent with the CEQA Guidelines, the proposed revisions would require that
a ND/MND be presented to the decision making authority subsequent to the close of the
public review period (typically 30 days) together with the project (which has traditionally
been the case), rather than at an arbitrary point in time independent of the decision
making authority's consideration of the project.
The current procedures require that written comments on a proposed ND/MND must be
received by the decision making authority within 10 days after notice of the ND/MND is
given. In accordance with Section 15074 of the CEQA Guidelines, the proposed revisions
would require that written comments be provided to the decision making authority
together with the ND/MND prior to their consideration of the project.
The current procedures state that when written comments on a ND/NIND are received a
minimum of four additional days may be allowed to evaluate the input prior to
consideration of the ND/MND; this provision is not based upon the requirements of the
CEQA Guidelines. Instead, as required by CEQA Section 15074(b), the final ND/MND
along with the written comments would be provided to the decision making authority for
their consideration prior to approving the project.
Section 6.3 - Prenaration of the EIR
This section has been revised to refer to the purchasing provisions found in CVMC
Chapter 2.56.110, and provide consistency with CEQA Guidelines Section 15084(d)
which provides various options for preparing draft Environmental Impact Reports. Also,
additional flexibility has been added into the procedures regarding consultant selection
and contract administration. The current procedures require that the City choose and
retain environmental consultants preparing an EIR, under contract with the City. The
revised procedures would allow applicants to retain and contract with qualified
consultants directly, subject to City review and approval of the scope and adequacy of all
technical reports and draft/final EIRs.
13-4
Meeting Date: 03/22/11 Item
Page 5
Section 6.5 -Public Review of the Draft EIR
Public Review Period
A major component of the process streamlining effort has been to expand the opportunity
for public notice and input regarding projects. The City has developed a consistent
citywide approach to public participation in the development review process. These
additional opportunities for public input regarding projects are now held much earlier in
the project review process which can be more effective in encouraging response to public
concerns and potentially changes to a project to minimize its impact. The following
public outreach elements are contained in City Council Policy 400-02 (Attachment 2):
An expanded "Always List" has been developed which allows members of the
public to be notified via e-mail of active development projects. The public may now
automatically subscribe to the list through the City's website.
A "Notice of Application" is now sent to all property owners/residents within 500
feet of the project and to the new "Always List". This new notification occurs
shortly after an application has been formally submitted to the City and eazly in the
development review process.
Community Meetings are now required for certain projects in the neighborhood
surrounding the project, similar to the current practice for large projects outside of
redevelopment areas. Neighbors within 500 feet and interested parties on the
"Always List" are invited to the Community Meeting.
Community Meetings include an "Open House" format similar to that previously
used at the Redevelopment Advisory Committee (RAC) meetings; however, the
Applicant has the primary role since this is their opportunity to dialogue with
potential future neighbors.
An Optional Preliminary Review meeting by the CVRC as a forum to get early
design input to applicants, similaz to those currently held by the DRB can now be
requested by project applicants.
This enhanced City public input process would be in addition to the existing public
participation process required by the CEQA Guidelines for EIRs, such as scoping
meetings, notice of preparation, notice of completion, and public review of draft EIRs as
described above.
The current procedures require a minimum 30-day public review period for draft EIRs,
with the public review period closing with a public hearing before the Planning
Commission or City Council. Pursuant to Section 15105 of the CEQA Guidelines, the
public review period for a draft EIR should not be less than 30 days nor longer than 60
days except in unusual circumstances, and when a draft EIR is submitted to the State
Clearinghouse the public review period shall not be less than 45 days, unless a shorter
period of not less than 30 days is approved by the State Cleazinghouse. The proposed
revisions to this section of the procedures would standardize the public review period for
13-5
Meeting Date: 03/22/11 Item ~~
Page 6
draft EIRs by requiring that the public review period be provided in accordance with
Section 15105 of the CEQA Guidelines and any future amendments to that section.
Hearing do Close the Public Review Period
The current procedures require the public review period for a draft EIR to close with a
public hearing held by the Planning Commission (unless the City Council is the final
decision making authority and assumes authority to hold the public hearing). The
proposed revisions would eliminate the close of public review periods for draft EIRs
through a public hearing and instead rely on submission of written comments within the
30 to 45 day public review period. This would provide consistency with the CEQA
Guidelines. It should be noted that it has been the City's longstanding policy (as well a
requirement of state law) to consider and respond to comments provided in a-mail. In
most cases, due to wide-spread access to computers and the intemet, it is easier for
people who wish to comment on an EIR to write an e-mail rather than show up to a
public heazing and provide comment.
Pursuant to CEQA, the general public and affected local, state, and federal agencies must
be notified of the availability of all draft EIRs for public review and comment. Such
public notices must specify the deadline for submitting comments to the City and must
also specify the date, time and place of the first public hearing on the project if known at
the time the notice is prepared. The City also includes staff contact information in case a
member of the public wishes to find out more about a project or the public hearing
process for a project. With the proposed revisions to the procedures, public notices of the
availability of draft EIRs would continue to specify the deadline for submitting written
comments and provide the staff contact for the EIR. In addition, notices of public
heazings would continue to notify the public of their opportunities to speak on the project
and it accompanying final EIR during the public hearing process on the project.
Section 6.6 -Final EIR
The proposed revisions would modify the City's process for certifying EIRs. The current
procedures result in the certification of EIRs twice, whereas the CEQA Guidelines only
require the EIRs be certified once. For projects requiring the prepazation of an EIR, the
CEQA Guidelines require advisory and decision making bodies to consider the document
prior to acting on the project and requires the decision making authority to certify the EIR
prior to approving the project.
CONCLUSION
The proposed revisions to the City of Chula Vista Environmental Review Procedures
represent an on-going and collaborative effort on the part of the business community,
local organizations, staff and City management to seriously look at the way the City does
business and continue to make fundamental changes to improve the existing development
review process. The proposed revisions to the Environmental Review Procedures would
provide greater consistency with the CEQA Guidelines in the preparation of
environmental documents. Since compliance with CEQA requirements is oftentimes the
most time consuming and expensive part of entitlement review on the part of applicants
13-6
Meeting Date: 03/22/11 Item ~~
Page 7
and staff, the proposed revisions will help to reduce unnecessary and potentially
expensive delays in permit processing. With the proposed revisions, the public would still
be provided with adequate as well as expanded opportunities to provide meaningful input
regarding environmental issues.
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations Section 18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The Process Improvement Program has been developed in response to on-going budget
and staff reductions and the need to reduce redundancy, costs and processing timelines in
the administration of development entitlements. The administrative costs for the
development of the program have been included in the General Fund.
ONGOING FISCAL IMPACT
There would be no long term fiscal impact to the City due to the proposed revisions.
ATTACHMENTS:
1. Revised Environmental Review Procedures
2. City Council Policy 400-02 -Public Participation
3. Currently adopted Environmental Review Procedures
Prepared by Steve Power AICP, Principal Planner
13-7
ENVIRONMENTAL REVIEW PROCEDURES
of the
City of Chula Vista
Adopted by the
Chula Vista City Council
Resolution No. 11086
(as amended by Resolution NoS. 16835 and )
13-5
CONTENTS
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Page
Introduction 1
General Provisions 3
Projects Exempt from Environmental Review
Initial Study of Projects to Determine if an EIR is Required
Negative Declarations and Mitigated Negative Declarations
Preparation and Processing of Environmental Impact Reports
Changes in Project/Subsequent Environmental Review
EIR Content
Conflicts with the Requirements of the State of California
Severability
Revisions to Policy
4
8
10
14
21
22
22
22
22
13-9
Section 1 INTRODUCTION
1.1 Purpose and Intent
It is the intent of the Chula Vista~City Council to establish standardized
procedures to implement the California Environmental Quality Act
(CEQA) in an efficient and streamlined manner in accordance with
California Public Resources Code § 21003, which procedures shall meet
the objectives and procedural requirements of CEQA, including those
identified in CEQA Guidelines Section 15006. In addition, the City shall
meet all of the substantive provisions of CEQA to ensure that
discretionary actions of the City avoid or minimize, to the extent
feasible, significant environmental impacts of a proposed project.
These environmental review procedures have been developed to meet
the following goals: 1) early identificafion of environmental issues by
requiring submission of adequate information early in the environmental
review process, and 2) maintain consistency in review process and the
evaluation of substantive issues during such review and the preparation
of necessary environmental documents (i.e. Negative Declarations (ND),
Mitigated Negative Declarations (MND), and Environmental Impact
Reports (EIR)).
1.2 Policy Statements
1.2.1 In implementing the purpose and intent of the California
Environmental Quality Act, the long-term protection of the
environment, consistent with the provision of a decent home and
suitable living environment for every Californian, shall be the
guiding criterion in City decision-making.
1.2.2 It is the policy of the City of Chula Vista that every discretionary
project that it carries out or approves shall avoid or mitigate, to
the extent feasible, all significant environmental impacts.
1.2.3 The City shall integrate the requirements of CEQA with planning
and environmental review procedures otherwise required by law
or in accordance with these procedures, so that all those
procedures, to the maximum feasible extent, run concurrently,
rather than consecutively.
1.2.4 Documents prepared pursuant to this division shall be organized
and written in a manner that will be meaningful and useful to
decision-makers and to the public.
1.2.5 Environmental impact reports shall omit unnecessazy
descriptions of projects and emphasize feasible mitigation
measures and feasible alternatives to projects.
13110
1.2.6 Information developed in individual environmental impact
reports shall be incorporated into a database, which can be used
to reduce delay and duplication in preparation of subsequent
environmental impact reports.
1.2.7 Information developed in environmental impact reports and
negative declarations shall be incorporated into a database, which
may be used to make subsequent or supplemental environrental
determinations.
1.2.8 The City and all persons involved in the environmental review
process shall be responsible for carrying out the process in the
most efficient, expeditious manner in order to conserve the
available financial, governmental, physical, and social resources
with the objective that those resources may be better applied
towazd the mitigation of actual significant effects on the
environment.
1.2.9 In order to minimize adverse impacts to the environment, the
evaluation of environmental issues should occur as eazly on in
the planning and design process as possible, including an
assessment of opportunities and constraints such as physical,
policy and regulatory issues.
1.2.10 The project design should be developed with consideration of the
issues identified in the eazly evaluation. Where necessary,
mitigation measures should be included in the project to lessen
adverse impacts, and alternatives to the project considered,
including the possibility of no project.
1.2.11 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 associated environmental document (i.e. ND,
MND, final EII2, or any addenda thereto) and where necessary
makes associated findings as required by CEQA.
1.3 Acronyms and Abbreviations
The various laws, codes, documents and committees used in these
procedures are designated by the following initials:
California Environmental Quality Act -CEQA
Title 14 California Administrative Code -CEQA Guidelines
Development Services Director - DSD
Environmental Impact Report (Draft or Final) - EIR
Environmental Impact Statement (Draft or Final) -EIS
13?11
Initial Study - IS
Mitigated Negative Declaration - MND
National Environmental Policy Act of 1969 - NEPA
Negative Declazation - ND
Preliminazy Environmental Review -PER
Request for Proposal - RFP
Section 2 GENERAL PROVISIONS
2.1 When CEQA Applies
The requirements set forth in these procedures apply to projects that may
have any possible significant effect on the environrent and that involve
discretionary action by the City of Chula Vista. CEQA defines a
"project" as an activity carried out, supported by, or authorized by a
public agency "which may cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the
environment" (Pub Res C 21065). A "discretionazy action" is defined in
CEQA as a "project that requires the exercise of judgment or
deliberation when the public agency or body decides to approve or
disapprove a particular activity, as distinguished from situations where
the public agency or body merely has to determine whether there has
been conformity with applicable statutes, ordinances, or regulations"
(CEQA Guidelines Section 15357).
Where it can be determined with certainty that the activity in question
will not have any possible significant direct or induect physical effect on
the environment, or is not a project, the activity is not subject to the
requirements set forth in CEQA, nor these procedures. These procedures
also do not apply to projects that the City rejects or disapproves (CEQA
Guidelines Section 15270). The DSD shall have the review authority to
make this determination.
2.2 Incomoration of the State CEOA Requirements
The State of California Public Resources Code 21000-21178 (CEQA
Statutes) and Califomia Code of Regulations 15000-15387 (CEQA
Guidelines) aze hereby adopted and incorporated by reference as part of
these environmental review procedures. The procedures herein provided
are those necessary to tailor the State CEQA Statutes and Guidelines to
the specific operations of the City of Chula Vista, aze necessary to
provide general background or incorporate specific guideline
requirements pursuant to CEQA Guideline Section 15050 (c).
13312
2.3 Proiects ReouirinQ Prenazation of a Negative Declaration (ND)
Mitieated Neeative Declaration (MNDI or Environmental Impact Renort
E( IR)
2.3.1 Public Projects
When a department of the City of Chula Vista plans to carry out
a project that is neither categorically nor statutorily exempt from
CEQA review, the department shall apply to the Development
Services Department for an IS, which may result in the
prepazation of a draft ND, MND, or EIR.
23.2 Private Projects
When a project to be carved out by anon-governmental person
or entity is neither statutorily nor categorically exempt from
CEQA and is subject to the discretionary approval, financial
support or some other involvement by the City of Chula Vista,
environrental documents shall be prepazed 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 DSD to perform environmental analysis and/or prepaze an
ND, MND, or EIR, shall be paid by the project applicant.
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 prepazed by the
Lead Agency as defined in the state CEQA Guidelines Section
15051.
Section 3 PROJECTS EXEMPT FROM ENVIRONMENTAL REVIEW
3.I Introduction
Even though an agency action may be considered approval of a "project,"
as defined by CEQA, such action may still be exempt from CEQA review.
Two categories of exemptions exist.
3.1.1 Types of Exemptions
a. Statutory Exemptions
The State CEQA Guidelines Article 18 -Statutory Exemptions
(Section 15260-15285) contain a number of activities that aze
exempt from the provisions of the CEQA Statutes and these
13413
activities are also exempt from the City of Chula Vista's
environmental review procedures, which are incorporated
herein by reference.
b. Categorical Exemptions
The State CEQA Guidelines Article 19 - Categorical
Exemptions (Sections 15300-15333) contain a number of
activities that have been determined not to have a significant
effect on the environment and aze, therefore, exempt from the
provisions of CEQA and, in addition, aze exempt from the City
of Chula Vista's Environmental Review Procedures. The
categorical exemptions in CEQA Guidelines Sections 15300 -
15333 are incorporated herein by reference. The DSD shall
consider CEQA Guidelines Section 15300.2 Exceptions when
considering the use of a Categorical Exemption for a project.
3.2 Procedure for Evaluation and Determination of Exemption
3.2.1 Early Contact
The proponents of any project shall establish contact with the DSD
at an eazly stage in the development process. The DSD shall advise
the applicant on the procedures, requirements, time schedules and
phasing, and other matters necessary for the implementation of
these procedures.
Public agencies other than departments of the City of Chula Vista
shall likewise establish eazly communication with the DSD in
order to determine applicable requirements and arrange mutual,
satisfactory procedures for the exchange of information between
the City and such Public Agency and the processing of the project
through the City's approval process.
Departments of the City of Chula Vista shall work with the DSD in
generating and assembling information necessary for the
evaluation of any City sponsored projects.
3.2.2 Documents Required
Project applicants, either public or private (other than the City of
Chula Vista), may be required to submit a Preliminary
Environmental Review application (PER) with the City of Chula
Vista Development Services Department. The City may require
preliminary environmental review and the prepazation of
associated technical reports at the time of application submittal, in
order to determine if the project is subject to CEQA.
13514
3.3 Determination That Exemption Applies to Action
The DSD shall review the documents and make a final determination as
to whether a project is exempt. When a project is determined to be
exempt from the requirements of CEQA, the DSD may prepare a Notice
of Exemption (NOE) for filing with the County Clerk. The NOE should
be filed, if at all, within 5 business days after approval of the project.
The contents of the NOE shall be those specified in CEQA Guidelines
Section 15062(a).
3.4 Apneal of Decision of Exemption
Pursuant to CEQA Guidelines Section 15061 (e), when anon-elected
official or decision-making body of a local lead agency decides that a
project is exempt from CEQA, and the public agency approves or
determines to carry out the project, the decision that the project is
exempt may be appealed to the local lead agency's elected decision-
making body.
1315
Development Services Department (DSD) determines
whether the activity is a "project"
Project requires
CEQA review
DSD determines if the
project is exempt.
Preliminary Environmental
Review (PER) Application
may be required at this
time, additional
information may be
requested from the project
applicant to assist staff in
their determination.
If a project is not exempt,
DSD decision to prepare a
Negative Declaration,
Mitigated Negative Declaration
(Figure 2) or Environmental
Impact Report (Figure 3).
Not a project
Statutory
Exemption
Categorical
Exemption
No further action
required under CEQA
May file NOE with
County Clerk within
5 days of project
approval
13$16
Section 4. INITIAL STUDY OF PROJECT TO DETERMINE IF AN EIR IS
REQUIRED
When a project is found by the DSD to be subject to the requirements of
CEQA, the project applicant shall submit or cause to be submitted, an
application for an IS.
4.1 Application and Associated Documents
This application shall be on a form as prescribed by the DSD and shall
include information such as technical reports, documents, or depictions
necessazy for a determination of significance. The applications shall be
submitted in a quantity as specified by the DSD and be accompanied by
the filing fee specified in the Master Fee Schedule.
4.2 Review for Completion
The DSD shall review the documents to assure that the application is
complete and adequate to evaluate the project.
4.3 Notice of Initial Studv (NOI)
When the application is found to be complete and adequate, the DSD
shall mail a Notice of Initial Study to owners and occupants of property
within 500 feet of the project site, as well as all other individuals and
organizations that previously submitted written requests for notice
(collectively "Interested Parties"). The owners/occupants of property
within 500 feet of the project shall be those shown on the latest
equalized assessment roll. If the project is not site specific, the DSD
shall publish the NOI in a newspaper of general circulation.
This notice shall be mailed or published at least 10 days prior to the
completion of the IS. A copy of the Notice of IS shall also be mailed to
any responsible agency or agency having jurisdiction by law. All
comments on the NOI must be made to the DSD in writing.
4.4 Completion of IS and DSD Determination
The DSD shall complete the Initial Study utilizing the City of Chula
Vista's Initial Study checklist, as may be amended from time to time.
The Initial Study shall consider any comments provided in writing to the
DSD. Upon completion of the IS, the DSD will determine that one of the
following situations exist:
4.4.1 There is no possibility that any aspect of the proposed project
could cause a substantial adverse change in the environment, and
13817
the DSD may recommend an ND to the appropriate decision-
making authority for its consideration and final determination.
4.4.2 More information is necessary, and the IS shall be extended until
submission of additional information is made. The additional
information may include technical support document(s) or other
information.
4.4.3 If upon review of the project and any supporting technical
information submitted, it can be shown that all potential impacts
have been mitigated to a level of insignificance, because the
necessazy mitigation measures have been added to the project or an
alternate project substituted, the DSD may recommend an MND to
the appropriate decision-making authority for its consideration and
certification. The project applicant must revise the project plans to
implement the mitigation measure or provide an enforceable
commitment implementing the mitigation measures prior to a
fording of insignificance.
4.4.4 Based on the findings in Section 4.5, one or more aspects of the
project, either individually or cumulatively, may cause a
significant direct or indirect impact to the environment and require
that an EIR be prepared to evaluate the project and its
consequences.
4.5 Mandatory Findings of Significance
A project shall be found to have a potential significant effect on the
environment if:
4.5.1 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 ar wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or anirnal
community, reduce the number or restrict the range of a raze or
endangered plant or animal, or eliminate important examples of the
major periods of California history or pre-history.
4.5.2 The project has possible environmental effects, which aze
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, present, and
reasonably foreseeable future projects.
4.5.3 The environmental effects of a project will cause substantial,
adverse effects on human beings, either directly or indirectly.
is9ia
Section 5. Negative Declarations and Mitigated Negative Declarations
5.1 ND & MND Contents
The contents of an ND/MND shall be those as specified in CEQA
Guidelines Section 15071. Generally, an ND/NIND 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 significant effect on the environment; an
attached copy of the IS, documenting reasons supporting the findings
may be reviewed, and mitigation measures, if any, included in the
project to avoid potentially significant effects.
5.2 Public Review - NOA
When the DSD issues a draft ND or MND, it shall be made available for
public and agency review at the Development Services Department
office. Every person who submitted written comments on the NOI, all
responsible agencies and agencies with jurisdiction by law, other
interested parties, and the project applicant, shall receive a notice of
intent to adopt, also referred to as a Notice of Availability (NOA) of the
proposed ND or MND. The public review period for the proposed ND or
MND shall be provided in accordance with Section 15105 of the CEQA
Guidelines as amended.
5.3 Notice of Intent to Adont ND/MND
The NOA for an ND/MND shall include a statement of the proposed
fmding of no significant environmental impact and shall state that the !
ND/IvIIVD and IS are available for public review at the Development :`
Services Department. The NOA shall also include the following:
• Brief Project Description
• Public Review Period
• Hearing date, if available _
• If applicable, note if site is on Hazardous Waste list
Pursuant to CEQA Guidelines Section 15072(a) notice of the City's
intent to adopt the ND/NIND shall be given by at least one of the
following three means: 1) publication of the notice of intent in an
adjudicated newspaper of general circulation; 2) posting on and off-site
in the project area; or 3) direct mailing to owners and occupants within
500 feet of the project site.
i~°is
A copy of the NOA must be mailed to Interested Parties. The City of
Chula Vista must also provide a copy of the NOA, the ND/MND, and IS
to responsible agencies as defined in CEQA. The City of Chula Vista
must provide a copy of the NOA to the County Clerk for posting.
5.4 Review of ND or MND by Decision-Making Authority
5.4.1 Presentafion to Decision-Making Authority. The ND or MND shall
be presented to the decision-making authority on the project
subsequent to the close of the public review period, which period
shall be in that provided in the CEQA Guidelines.
5.4.2 Consideration of Written Comments. All written comments
relative to said proposed fmdings must be provided by the DSD to
the decision-making authority together with the ND or MND. 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.
a. Receipt of Written Comments. If written comments aze
received, additional time may be allowed prior to consideration
of the ND or MND for evaluation of any input.
b. 1Vo Written Comments. If no written comments aze received,
the decision-making authority may consider the Negative
Declaration or Mitigated Negative Declaration subsequent to
the close of the public review period.
! 5.5 Adoption of ND or MND
5.5.1 No Significant Impacts. 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 ND or MND, and it shall become fmal. No further
environmental review shall be required, except as otherwise.
provided in these procedures.
5.6 Filing of Notice of Determination and Statutory Time Limits.
After an ND or MND has become final and a determination has been
made to approve or conditionally approve the project, the DSD shall file
a Notice of Determination (NOD) with the County Clerk, and if
necessazy, with the State Office of Planning and Reseazch (OPR) within
5 days of fmal project approval. The filing of the NOD commences a 30-
day statute of limitations for filing court challenges. If the project has
been denied, CEQA does not apply and no ND shall be filed.
131120
5.7 Appeal
Pursuant to CEQA Guidelines Section 15074 (f), when anon-elected
official or decision-making body of a local lead agency adopts an ND or
MND, that adoption may be appealed to the local lead agency's elected
decision-making body. '
~,;
1 1221
Figure 2
Negative, Declaration (ND)/
Mitigated Negative Declaration (MND)
DSD prepares initial study/completes initial
study checklist to determine the possible
significant effects the project may have on
the environment. Notice of Initial Study
(NOI) distributed for early public input.
DSD determines no significant impact and
prepares ND or concludes that all impacts
are mitigated to below a level of significance
and prepares Mitigated ND
.,E
DSD prepares public notice of availability ',",
of Draft ND/MND -
-. m ... ,.: --
„>
DSD distributes ND/MND for Public -
Review Period
(20 or 30 Days)
..~~ :::
DSD prepares fnal ND/MND including
written responses to comments on Draft
ND/MND
Consideration and approval of final
ND/MND and decision on project by
decision-making bodies
DSD fles Notice of Determination (NOD)
with County Clerk
DSD ensures the Mitigation Monitoring
and Reporting Program (MMRP) per the
MND is addressed via plan check
MM coordinates the
implementation of the MMRP "'i
in the feld, including long-
term monitoring.
13132 2
Section 6. PREPARATION AND PROCESSING OF ENVIRONMETNAL
IMPACT REPORTS
6.1 Generally
6.1.1 Significant Impact
If after completion of an Initial Study, it has been determined that a
project may have a significant environmental impact, the DSD
shall initiate the prepazation of the EIR as provided in these
procedures. After conducting an IS, the DSD shall idenfify those
azeas of concern which could, based upon substantial evidence in
the record, involve significant environmental impacts, either
individually or cumulatively. These issues shall be discussed in the
EIR.
Pursuant to CEQA Guidelines Section 15063, if the City can
determine that an EIR will clearly be required for the project, an
Initial Study is not required but may still be completed. The Initial
Study can then be used to fully document the determination as to
why some effects would not be significant and would also focus
the scope of issues for the EIR.
6.1.2 Costs of EIR
The project applicant shall pay the fee as provided in the Master
Fee Schedule and shall also deposit with the City an amount
necessazy to reimburse all city consultants providing
environmental analysis of the project.
6.1.3 Independent Evaluation
The DSD shall be responsible for providing independent
evaluation and analysis of the environmental document and for
consulting with any person or organization which may be
concerned with the environmental effects of the project and any
responsible agency, trustee agency or any agency with jurisdiction
bylaw.
6.1.4 Consultant Pre-qualification
The DSD shall prepare a list of consultants who aze qualified to
prepare EIR's on private projects. The list shall include firms who
have established that they have met the standards formulated by
the DSD. The DSD may also prepaze a list of sub-consultants
qualified to prepaze specific sections or elements of an EIR or
other technical reports.
131413
All consultants who wish to be considered for placement on the list
of qualified consultants shall present sufficient information to the
DSD so that it may determine if they meet the standards for a
qualified consultant. Firms currently on the list need only provide
information on standards that they previously have not met.
6.2 Notice of Prepazation
Upon the decision to prepare an EIR, and when the necessary fees have
been paid, a Notice of Preparation shall be distributed to all responsible
agencies, agencies with jurisdiction by law, and other interested parties
pursuant to State CEQA Guidelines Section 15082.
6.3 Prepazation of the EIR
If a project with potential significant impacts is to be undertaken by a
private party, the City shall prepare or cause to be prepared, an EIR and
candidate CEQA fmdings by one of the following methods:
6.3.1 Prepazation by DSD
If the DSD finds that the information available in the IS
application, technical support documents or other sources, is
adequate, the DSD may prepare the EIR and candidate CEQA
findings with the assistance of other City departments. The DSD
shall inform the project proponent of the estimated time and
information required for the preparation of the EIR is acceptable to
the project proponent, the DSD may prepaze the EIR and candidate
CEQA findings.
6.3.2 Preparation by Consultant
If the proponent does not desire the DSD to prepaze the EIR, or if
the DSD cannot prepaze the EIR, because of a required expertise,
_ or the number of EIl2/ISs in process,.the EIR and candidate CEQA
findings shall be prepazed by'an environmental consultant selected
in one of the following two ways. It is the sole discretion of the
DSD which of the following two methods of consultant selection is
employed.
a. Selection by DSD
The DSD shall select the environmental consultant with the
agreement of the project applicant. The Consultant Selection
Process shall proceed in accordance with Municipal Code
Section 2.56.110 and any procedures developed by the DSD
for prepazing and processing Requests for Proposals (RFP).
131524
b. Selection by Applicant.
The project applicant may select and retain the environmental
consultant, subject to the concurrence of the DSD, provided:
• The environmental consultant selected in this manner shall
be on the City's list of qualified EIR consultants.
• The consultant shall have a demonstrated ability to prepare
EIRs and CEQA findings that are consistent with the City's
Environmental Review Procedures and the provisions of
CEQA.
• Any agreement between the project applicant and the
consultant shall provide that the City is a third party
beneficiary of the agreement and payment to such
consultant shall be subject to City approval of the work
performed under the contract.
• The scope of the EIR and associated technical studies shall
be determined by the DSD.
• All draft technical reports shall be submitted to the City
concurrent with submittal to the applicant. The draft and
final EIR, as well as all associated draft and final technical
studies shall be subject to the review and approval of the
City, and shall be consistent with all applicable .City and
CEQA requirements.
• If it is determined by the DSD that the applicant/consultant
is not`in compliance with the provisions stated herein, the
DSD at his/her sole discretion may require the EIR to be
prepared pursuant to subsection 6.2.3(a), above.
6.4 Review of the Preliminarv Draft EIR
6.4.1 Independent Evaluation
The DSD, upon receipt of the preliminazy draft EIR from the
consultant shall perform an independent evaluation and analysis of
the document. The DSD shall consult with any responsible agency,
having an interest in, special expertise in or is otherwise concerned
with the environmental effects of the proposed project.
6.4.2 Notices of Availability and Completion
131625
As soon as the draft EIR is completed it shall be issued as the
City's draft EIR on the project. Notices of Availability and
Completion shall be filed with OPR and notice given as provided
in CEQA Guidelines and the Public Resources Code.
6.5 Public Review of the Draft EIR
In accordance with CEQA, the Public shall have a minimum review
period of 30 days, unless a longer period is required (e.g. by the State
Clearinghouse) or the DSD specifies a longer review period for public
participation, input and evaluation. During the review period, the DSD
shall consult with any agency having jurisdiction by law and persons or
groups having special interest. With the exception of testimony at public
hearings on the project, all input on the draft EIR shall be in written
form.
6.6 Final EIR.
Subsequent to the close of public review for the draft EIR, a fmal EIR
shall be prepazed by the DSD in accordance with Section 15132 of the
CEQA Guidelines.
6.7 Proiect Anproval and Certification of the EIR
6.7.1 Recommendation
After the fmal EIR has been prepared, and prior to approval of the
project by the decision-making authority, the EIR .shall be
presented to the recommending and/or decision making authority.
If the final. EIR is presented to a recommending authority (prior to
the decision-making authority), the recommending authority may -;t-~
recommend that the EIR be certified, and need not certify the final
EIR. .
6.7.2 Certification
Prior to approving the project, the decision-making authority shall
certify that the EIR has been prepazed pursuant to the requirements
of State CEQA Guidelines Section 15090. Specifically, the
decision-making authority shall certify that:
a. The EIR has been prepazed in compliance with CEQA;
b. The fmal EIR was presented to the decision making body of
the lead agency and that the decision making body reviewed
and considered the information contained in the final EIR prior
to approving the project; and
131 ~2 6
c. The final EIR reflects the lead agency's independent judgment
and analysis.
6.7.3 Findings
Pursuant to CEQA Guidelines Section 15091, no decision-making
authority shall approve or carry out a project for which an 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 fmdings for each of those significant effects,
accompanied by a statement of the facts supporting each finding.
a. Changes or alterations have been required in, or incorporated
into the project, which mitigate or avoid the significant
environmental effects thereof as identified in the final EIR.
b. Such changes or alterations aze within the responsibility 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.
• The finding in subdivision 6.7.3(b), above, shall not be
made if the agency making the finding has concurrent
jurisdiction with another agency to deal with identified
feasible mitigation measures or alternatives.
c. Specific economic, social, or other considerations, including
provision of employment opportunities for highly trained
workers, make infeasible the mitigation measures or project
alternatives identified in the fmal EIR. - _..
• The fmding in subdivision 6.7.3(c), above, shall describe
the specific reasons for rejecting identified mitigation
measures and project alternatives.
The findings required by this subsection shall be supported by
substantial evidence in the record.
6.7.4 Statement of Overriding Corisiderations.
If the decision-making authority decides to approve a project for
which significant environmental consequences have been
identified in the EIR and have not been avoided or substantially
lessened, the authority shall issue a statement identifying the other
interests on which approval is based. Adverse consequences that
have been mitigated need not be addressed in this statement. The
131827
statement shall be attached to the final EIR and mentioned in the
Notice of Determination.
6.8 Appeal
Pursuant to CEQA Guidelines Section 15090 (b), when anon-elected
official or decision-making body of a local lead agency certifies and
EIR, the certification may be appealed to the local lead agency's elected
decision-making body.
131928
Figure 3
Environmental Impact Report
~_._-~__.~._W.~~....W ______________W_________________.____~
DSD prepares Scope of Work For Draft
Environmental Impact Report (EIR)
DSD prepares and distributes Notice of
Preparation (NOP) _
(Review period 30 days after receipt of NOP)
EIR prepared by consultant pursuant to
Section 6.3
DSD distributes EIR for Public review in
accordance with Section 15105 of CEQA
DSD prepares final EIR including written
responses to comments on Draft EIR
Certification of the Final EIR includes
findings on feasibility/infeasibility of
reducing or avoiding signifcant
environmental effects and alternatives and
overriding considerations (of significant
unmitigated impacts) and decision on
project bydecision-making bodies.
DSD files Notice of Determination (NOD)
with County Clerk
DSD ensures via plan check that the MMRP ~i
per the EIR are addressed on the plans
MM coordinates the implementation of the MMRP in
the field, including long-term monitoring.
scoping Meeting for
projects of statewide,
regional or areawide
significance.
The lead agency (DSD)
conducts at least one
Scoping Meeting.
1 ~2 9
Section 7. CHANGES IN PROJECT /SUBSEQUENT ENVIRONMENTAL
REVIEW
Pursuant to CEQA Guidelines Section 15162, when an EIR has been certified
or negative declazation has been adopted for a project, no subsequent EIR or
ND/MND shall be prepared for the project, unless the lead agency determines,
on the basis of substantial evidence in light of the whole record, that one or
more of the following exist:
7.1 Pronosed Changes
Substantial changes are proposed in the project which will require major
revisions of the previous EIR or ND due to the involvement of new
significant environmental effects or a substantial increase in the severity
of previously identified effects; or
7.2 Chances Circumstances
Substantial changes have occurred with respect to the circumstances
under which the project is undertaken, that will require major revisions
of the EIR or ND/IvIND, due to the involvement of new significant
environmental effects or a substantial increase in the severity of
previously identified effects; or
7.3 New Information
New information of substantial importance that was not known and
could not have been known with the exercise of reasonable diligence at
the time the previous EIR was certified as complete or the ND/MND
was adopted shows any of the following:
7.3.1 The project will have one or more significant effects not discussed
in the previous EIR or ND/MND;
7.3.2 Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
7.3.3 Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and would substantially reduce or
more significant effects of the project, but the project proponents
decline to adopt the mitigation measure or altemative; or
7.3.4 Mitigation measures or altematives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative.
7 ~'~ o
In the event that any of the preceding occur, the project proponent shall
submit to the DSD a description of the revisions or changes, any
necessary technical reports, plans, graphics or any other material
necessayy to evaluate the project along with the fee established in the
Master Fee Schedule. The DSD shall determine the necessary number of
copies.
The DSD shall review any significant project revisions to assure that
there will be no potential for new significant environmental impacts or
the DSD shall require that a supplement to the EIR or a modification to
the ND/MND be prepared. Pursuant to CEQA Guidelines Section
15164, an addendum to the EIR or ND/NIIVD shall be prepared if some
changes or additions are necessary but none of the conditions described
above have occurred.
Section 8. EIR CONTENT
EIRs shall contain the elements specified in Article 9 of the CEQA
Guidelines. The DSD shall prepare any guidelines, outlines, procedures and/or
other necessary requirements to implement the CEQA Guidelines and these
procedures.
Section 9. 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 l0.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 makes and the general public. If any- provision of these
procedures or its application to any project or circumstance is held invalid for
any reason, such invalidity shall not affect any other provision or application
of this ordinance, or any of its provisions, which can be affected without the
invalid provision or application, and to this end the provision of this act are
severable.
Section 11.REVISIONS TO POLICY
Staff implementing guidelines for these environmental review procedures may
be prepared and updated, from time to time, by the DSD. Staff shall
periodically review these procedures for consistency with CEQA and make a
recommendation to the City Council regazding any suggested revisions.
132231
COUNCIL POLICY
J
CITY OF CHULA VISTA
SUBJECT: PUBLIC PARTICIPATION P
O
L
g
R EFFECTIVE
NIJ
N
I
E DATE PAGE
400-02 04/20/2010 1 OF 3
ADOPTED BY: Resolution No. 2010-09 DATED: 04/20/2010
AMENDED BY:
BACKGROUND
In February 2009, the Development Services Department launched the Process Improvement Program
to review the City's development review process to determine improvements that could streamline it,
increase transparency, improve public access, make it more predictable for applicants and reduce the
cost. One goal ofthe Process Improvement Program was to respond to concerns about the complexity
of the City's development process; including the use of two different public input processes for
projects that are either in or out of designated redevelopment project areas.
The Process Improvement Program resulted in amendments to the City's Municipal Code* that
consolidated project hearings into a single heazing (where previously several heazings had been
required) and the delegation of some minor project approvals to the Zoning Administrator. Through
the Process Improvement Program it was determined that measures to streamline the process needed
to be balanced with the public's ability to provide input on development projects.
PURPOSE
To ensure that the public has the opportunity to obtain information about development projects and
provide input and feedback on projects throughout the review/entitlement process in a consistent
citywide process
POLICY
The City will use this Community Input Process for all development projects in the City both inside and
outside of designated redevelopment project aeeas.
Staff will keep and periodically update an Always Notice list for use in sending out public notices. The
Always Notice list will include contact information for Community Organizations, Business
Associations and individuals who request receipt of all public notices. Staff will create a mechanism
through the City's website for being added to the Always Notice list.
A Notice of Application will be sent out to all property owners within 500 feet of a project site within
ten (10) days of the application being deemed complete. The notice will include a brief project
description, project location, entitlement processes that the project will be required to go through and
the name and contact information for the staff project manager. The Notice ofApplication wIll also be
posted on the City's website. This notification will make concerned members of the public aware of
pending applications earlier on in the development review process.
13-32 Attachment 2
COUNCIL POLICY
CITY OF CI=IULA VISTA
SUBJECT: PUBLIC PARTICIPATION POLICY EFFECTIVE
~~~ DATE PAGE
400-02 04/20/2010 2 OF 3
ADOPTED BY: Resolution No. 2010-09 DATED: 04/20/2010
AMENDED BY:
Staff will arrange a Community Meeting for all projects that will have a "Consolidated Hearing"** and
any other project requiring a public hearing that results in a significant response from the public to the
Notice of Application. In addition, staff will arrange a Community Meeting for any administrative
approval project that results in significant response from the public to the Notice of Application.
Neighbors within 500 feet and interested parties on the "Always List" would be invited to the
Community Meeting.
The Community Meeting will be held early in the process, after the project application has been
deemed complete and the first internal review of the project has been completed. The meeting will be
held eazly enough in the process to allow for public comments to be considered by the applicant and
staff and appropriate changes made to the project.
While staff will help facilitate the Community Meeting, the Applicant will have the primary role since
this is their opportunity to dialogue with potential future neighbors. Staff will provide the applicant
with an outline of the presentation components to ensure that the applicant covers all of the important
information about the project. Staff administration would be limited to setting meeting locations and
being available to answer questions about the process, policies and regulations affecting the project.
No formal staff report will be prepared.
The applicant will be provided with the names and contact numbers for all Community Organizations
and Business Associations and will be encouraged to seek their early input on projects. Staff will
encourage the applicant to have on-going dialogue with the interested Community Organizations and
Business Associations throughout the processing of the project.
An "Open House" format will be used at the Community Meeting. After the initial presentation of the
project by the applicant, "stations" will be set up around the room to give the community members an
opportunity to have one on one conversation with the applicant and consulting team about the project.
Staff will take notes at the Community Meeting and prepare a "Record of Meeting" that summarizes
the issues and suggestions that were raised at the meeting. At subsequent Design Review Board
(DRB), Chula Vista Redevelopment Corporation (CVRC) or Planning Commission (PC) meetings the
members will be advised of the issues raised previously by the community as well as how the applicant
addressed the issues.
13-33
05/29/2010
COUNCIL POLICY
CITY OF CIIiTI.A VISTA
SUBJECT: PUBLIC PARTICIPATION POLICY
NLTNIBER
EFFECTIVE
DATE PAGE
400-02 04/20/2010 3 OF 3
ADOPTED BY: Resolution No. 2010.09 DATED: 04/20/2010
AMENDED BY:
The DRB*** and CVRC will provide an optional Preliminary Review on projects that are complex or
that the community has raised concerns about at the Community Meeting. This will give the DRB***
or CVRC the opportunity to raise any early concerns about the project and will provide the public
ortunity to provide input prior to final consideration of the project by the DRB*** or
another o
pp
CVRC. The Preliminary Review will be after the Community Meeting but prior to consideration of the
project by the DRB*** or CVRC. Preliminary Reviews will be included on the DRB*** or CVRC
agenda. The agenda is posted 72 hours prior to the meeting and sent to everyone on the Always
Notice List.
All Zoning Administrator (ZA) decisions will be posted on the City's website. ZA decisions will also
be provided to any member ofthe public who has made a request during the review process to receive
it. ZA Notices ofDecision will be sent out on the day following the ZA action.
* The amendments proposed to the City's Municipal Code as a part of the Process Improvement
Program are tentatively scheduled for consideration by the City Council in the Spring of 2010.
** A Consolidated Hearing is required when a single development project involves more than one
permit or any approval that requires consideration by more than one decision making authority. In
that case the applications are consolidated for processing and reviewed by a single decision maker
or decision making body.
***In the case of a consolidated hearing where the PC takes on the role of the DRB, the PC will
provide the optional Preliminary Review for the project.
05/29/2010
13-34
ENVIRONMENTAL REVIEW PROCEDURES
of the
City of Chula Vista
CURRENTLY ADOPTED
Adopted by the
Chula Vista City Council
Resolution No. 11086
(as amended by Resolution No. 16835)
Environmental Review Section
Planning Department
P.O. BOX 1087
Chula Vista, CA 92012
(619)691-5101
-1-
13-35
Attachment 3
CONTENTS
Page
Section 1 Introduction 1
Section 2 General Provisions 3
Section 3 Environmental Review Coordinator 6
Section 4 Projects Exempt from Environmental Review 7
Section 5 Initial Study of Projects to Determine if an EIR is Required 18
Section 6 Preparation and Processing of EIR's 23
Section 7 EIR Content 28
Section 8 Conflicts with Requirements of the State of California 28
Section 9 Severability 28
-2-
13-36
Section 1 INTRODUCTION
1.1 Pumose and Intent
It is the intent of the Chula Vista City Council to establish procedures in
accordance with the California Environmental Quality Act to regulate the
activities of the City of Chula Vista and private individuals and corporations
which may 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, and
policy and regulatory constraints. Based on this, the project should then be
formulated in recognition of the environmental sensitivities, mitigating measures
should be included in the project to lessen adverse impacts, and alternatives to the
project considered, including the possibility of no project.
These environmental review procedures have been formulated to assure
submission of adequate information, consistency in review and the systematic
preparation of Negative Declarations (ND) and Environmental Impact Reports
(EIR).
1.2 Policv 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 it is feasible to do so.
1.2.2 In implementing the purpose and intent of the California
Environmental Quality Act, the long-term protection of the
environment, consistent with the provision of a decent home and
suitable living environment for every Californian, shall be the
guiding criterion in decision making by the city.
1.2.3 Information developed in individual environmental impact reports
shall be incorporated into a database which can be used to reduce
delay and duplication in subsequent environmental review.
1.3 Acronyms and Abbreviations
The various laws, codes, documents and committees used in these
procedures are designated by the following initials:
-~-
13-37
California Environmental Quality Act
Title 14 California Administrative Code
Environmental Constraints Inventory
Environmental Impact Report (Draft or Final)
Environmental Impact Statement (Draft or Final)
Environmental Review Coordinator
Initial Study
Mitigated Negative Declaration
National Environmental Policy Act of 1969
Negative Declaration
Request for Proposal
-4-
-CEQA
- CEQA Guidelines
- ECI
- EIR
- EIS
-ERC
- IS
-MND
- NEPA
-ND
- RFP
13-38
Section 2 GENERAL PROVISIONS
Provisions Requiring Environmental Review
2.1 General Rule. The requirements set forth in 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 State
CEQA Guidelines or these procedures.
These procedures also do not apply to projects that the city rejects or
disapproves.
2.2 Incorporation of the State CEQA Guidelines
The State CEQA Guidelines (Cal. Admin. Code, title 12, division 6,
chapter 3, et seq.) are hereby adopted and incorporated by reference as
part of these environmental review procedures. The procedures herein
provided are those necessary to tailor the State CEQA Guidelines to the
specific operations of the City of Chula Vista, aze necessazy to provide
general background or incorporate specific guideline requirements
pursuant to CEQA Guideline Section 15050 (c).
2.3 Projects Requiring Prenaration 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 result in the prepazation of an ND, or
file a drafr EIR with the Environmental Review Coordinator (ERC).
All actions shall be in conformance with these procedures.
2.3.2 Private Proiects
When a project is to be carried out by anon-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 ERC to perform environmental
analysis or prepare an EIR, shall be paid by the project proponent.
2.3.3 Multi-Agency Proiects
-5-
13-39
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.
2.4
Statutory Exemptions
The following emergency projects aze exempt from the requirement 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 I, 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 these
procedures and do not require environmental review. The
following actions will generally be considered ministerial in
nature. However, this list in not considered to be all inclusive and
decisions as to whether an action is ministerial aze reserved and
delegated to the ERCC
(a) Issuance,of building permits.
(b) Issuance of business licenses.
(c) Approval of final subdivision maps.
(d) Approval of adjustment plat.
(e) Approval of individual utility service connections or
disconnections.
(f) Issuance of zoning permits.
(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.
-6-
13-40
(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.
(o) Utility permits other than for utilities transmission lines.
(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 CEQA Guidelines, the following
actions will cleazly have no significant environmental 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 including
the option of project denial, is required.
-7-
13-41
Section 3 ENVIRONMENTAL REVIEW COORDINATOR
Creation, Powers and Duties. The Environmental Review Coordinator (ERC) is
created who shall be the Planning Director or his authorized deputy who shall
have the following powers and duties:
3.1 Conduct IS's and recommend to decision making 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 these procedures.
3.2 Adopt environmental assessments/finding of no significant impact,
Environmental Review Records and make recommendations to the City of Chula
Vista and the Redevelopment Agency regazding the significance of environmental
impacts as provided in NEPA and other Federal regulations.
3.3 Adopt and maintain a list of consultants qualified to prepare EIR's and EIS's.
3.4 Select and contract with consultants which are on the list of qualified
consultants for the preparation of EIR's for the City.
3.5 Issue drafr EIR's Following independent analysis and review of preliminazy
drafts supplied by a consultant or City Staff.
3.6 Review revised projects for which EIR's or ND's have been prepared and
determine if supplemental environmental document must be prepared, or if there
clearly will be no new adverse effects.
3.7 Adopt all forms, reporting formats, factors and standards For reports, studies,
surveys and technical documents necessazy to implement CEQA, the State CEQA
Guidelines and these procedures.
3.8 Adopt and maintain a map of the urbanized area of Chula Vista.
3.9 Recommend to the appropriate decision making authorities the mitigation
measures which aze necessary to avoid significant environmental impacts.
3.10 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 master fee schedule.
3.11 Periodically review the environmental review procedures and make
recommendations to the City Council regarding any necessary or desirable
revisions.
-8-
13-42
Section 4 PROJECTS EXEMPT FROM ENVIRONMENTAL REVIEW
4.1 Introduction
The proponents of any project, shall establish contact with the ERC at an
early stage in the development process. The ERC shall advise the
applicant on the procedures, requirements, time schedules and phasing,
and other matters necessary for the implementation of these procedures.
Public agencies other than departments of the City of Chula Vista shall
likewise establish early communication with the ERC in order to
determine applicable requirements and azrange mutual, satisfactory
procedures for the interchange of information.
Departments of the City of Chula Vista shall work with the ERC in
generating and assembling information necessary for the evaluation of any
City sponsored projects.
4.2 Review of Exemnt Projects
A proponent of a proj ect, whether public or private, shall 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 Department have
qualified personnel available to screen projects. The ERC shall have final
counter review authority on the applicability of the following actions
which aze 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 requirements of
CEQA, as provided in Section 4.1 through 4.3, the ERC may prepaze a
Notice of Exemption for filing with the County Clerk.
43 Categorical Exemptions
In response to the mandate of the State of California, the City of Chula
Vista, does hereby find that the following classes ofprojects listed in this
section will not have any possible significant effect on the environment,
and they are declazed to be categorically exempt from the requirements for
the preparation of environmental documents.
-9-
13-43
4.3.1 Exceutions- General
A categorical exemption shall not be used for an activity
where there is a reasonable possibility that the activity will
have a significant effect on the environment due to unusual
circumstances.
4.3.2 Exceptions -Location
Class 3,4,5,6 and 11 are qualified by consideration of
where the project 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 hazazdous or critical concern as
maybe hereafter designated, precisely mapped, and
officially adopted pursuant to Federal, State or local
agencies.
The following azeas considered to involve envirorunental
resources hazazds or areas of critical concern: a special
flood hazard area on the Flood Hazazd Boundary Map (H-
01-11), aconservation area in the Conservation Element of
the General Plan, open space in the Open Space Element,
near a scenic route or gateway identified in the Scenic
Route Element, near a major geologic hazazd on the
Seismic Safety and Safety Element plan diagrams of the
General Plan, a designated historical site, an area of
potential azchaeological or paleontological importance.
4.3.3 Exceutions- Cumulative Impact
All exemptions for these classes aze inapplicable when the-
cumulative impact of successive projects 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:
The operation, repair, maintenance or minor alteration of
existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible
or no expansion of use beyond that previously existing,
including but not limited to:
10-
13-44
(a) Interior or exterior alterations involving 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;
(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 inchiding, but not limited to,
trees, rock outcroppings, and historic buildings;
(d) Restoration, or rehabilitation of deteriorated or
damaged structures, facilities or mechanical
equipment to meet current standards of public
health and safety, 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
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
services and facilities are available to allow
for maximum development permissible in
the General Plan and,
b) the area in which the project is located is
not environmentally sensitive.
(f) Addition of safety or health protection devices for
use during construction of or in conjunction with
existing structures, facilities or mechanical
equipment 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 Division 7, Chapter
2, California Agricultural Code);
(i&j) Department of Fish and Game exemptions - do not
apply to the City of Chula Vista
(k) Division of existing multiple family rental units into
condominiums;
(1) Demolition and removal of individual small
structures listed in this section where the structures
-11-
13-45
are of historical, archeological or architectural
significance;
(1) Single family residences not in conjunction
with the demolition of two or more units,
(2) Motel, apartments, and duplexes designed
for not more than four dwelling units, if not
in conjunction with the demolition of two or
more such structures,
(3) Stores, offices, and restaurants, if designed
for an occupant load of 20 persons or less, if
not in conjunction with the demolition of
two or more such structures
(4) Accessory (appurtenant) structures including
garages, carports, patios, swimming pools,
and fences.
(m) Department of Water Resources Exemptions- does
not apply to the City of Chula Vista;
(n) Conversion of a single family residence to office
use;
(o) The conversion of existing commercial units in one
structure from single to condominium type
ownership;
(p) Interior or internal modifications to established and
discrete azeas which aze fully developed within the
larger environment of pazks 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 pazking meters along existing streets.
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%;
12-
13-46
(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 negligible 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
the undergrounding.
Class 3:
New construction or conversion of small structures or the
location of 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 section are the
maximum allowable on any legal parcel or to be associated
with a project within atwo-year period. Examples of this
exemption include but aze not limited to:
(a) Single-family residences not in conjunction
with the building of tow or more such units. In
urbanized azeas, up to three single-family
residences may be constructed under this
exemption.
(b) Apartments, duplexes and similaz structures
designed for not more than 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
with the building of two or more such
structures.
(c) Stores, motels, offices, restaurants and similar
structures, small commercial structures not
involving 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 structures. In urbanized areas, the
exemption also applies to commercial buildings
on sites zoned for such use, if designed for an
-13-
13-47
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 an/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 that grading shall not be exempt in a
waterway, in any wetland, in any officially
designated (by Federal, State, or local governmental
action) scenic area, or in officially mapped azeas of
severe geologic hazard,
(b) New gardening and landscaping,
(c) Filling of eazth 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
azeas offish production facilities which result in
improvement of habitat for fish and wildlife
resources or greater fish productions,
(e) Minor temporazy uses of land having negligible or
no permanent effects of 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,
(g) The creation of bicycle lanes on existing rights-of-
way,
14-
13-48
(h) Removal of dead, damaged or disease trees or
limbs,
(i) The renewal of any lease, license or permit to use
land where the use involves negligible or no
permanent effects on the environment.
Class 5:
Minor alterations in land use limitations in areas with less
than 20% slope which do not result in any changes in land
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,
(b) The issuance of minor encroachment permits,
(c)
(d) Revision to acreage in accordance with the
Subdivision Map Act,
(e) Conveyance of minor miscellaneous easements,
excluding street, alley or walkway easements,
Minor modifications 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,
Minor conditional use permits which do not result
in any significant change in land use or intensity.
Class 6:
Information collection, date collections, research
experimental management and resource evaluation
activities which do not result in a serious or major
disturbance to an environmental resource. These maybe
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, 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, offices or their representatives, which
do not result in serious or major disturbances to
environmental resource.
Class 7:
-15-
13-49
Regulatory actions for protection of natural
resources.
Class 8:
Actions by regulatory agencies for the protection of the
environment.
These classes (7&8) do not apply to 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.
Class 10:
Loans. This class is not applicable to the City of
Chula Vista.
Class 11:
Accessory structures. Construction or 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, barbecues,
(d) Placement of seasonal or temporazy use items such as life
guazd towers, mobile food units, portable restrooms, and
similar items in generally the same locations from time to
time'iri publicly owned parks
(e) Subdivision directional signs and tract signs as approved by
the Zoning Administrator (CVMC 19.60.470 &480)
Class 12:
Surplus government property. Sales of surplus government
property except for pazcels of land located in an area of statewide
interest or potential azea of concern as identified in the Governor's
Environmental Goals and Policy Report prepazed pursuant to
Government Code Section 65041 et. ceq. However if the surplus
property to be sold is located in those azeas identified in the
Govemor's Environmental Goals and Policy Report, its sale is
exempt if:
(a) The property does not have significant values for the
wildlife habitat or other environmental purposes, and,
16-
13-50
Any of the following conditions exist:
The property is of such size or shape that it is incapable of
independent development or use, or,
The property to be sold would qualify for an exemption
under any other class of categorical exemption in Article 8
of the Cal. Admin. Code, or,
The use of the property and adjacent property has not
changed since the time of purchase by the public agency.
Class 13:
Acquisition of lands for wildlife conservation purposes. The
acquisition of lands for fish and wildlife conservation purposes,
including, preservation offish 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 natural condition.
Class 14:
Minor additions to existing schools within existing school grounds
where the addition does not increase original student capacity by
more than 25% or ten classrooms, whichever is less. The addition
to portable classrooms is included in this exemption.
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 zoning, no
vaziances or exceptions are required, all services and access to the
proposed parcels to local standards aze available, the parcel was
not involved in a division of a larger parcel within the previous two
years, and the parcel does not have a slope greater than 20%.
Class 16:
Transfer of ownership of land in order to create pazks. The
acquisition of parkland where the land is in a natural condition or
contains historic sites or azchaeological sites and either:
The management plan for the pazk has not been prepazed, or
The management plan proposes to keep the area in a natural
condition or preserve the historic or archaeological site. CEQA
will apply when a management plan is proposed that will change
the area from its natural condition or significantly change the
historic or azchaeological sites.
Class 17:
-17-
13-51
Open space contracts or easements. The establishment of
agricultural preserves, the making and reviewing of open space
contracts under the Williamson Act, or the acceptance of an open
space easements. The cancellation of such preserves, contracts or
easements is not included.
Class 18:
Designation of wilderness areas. The designation of wilderness
azeas under the California Wilderness System.
Class 19:
Annexation of existing facilities and lots for exempt facilities:
(a) Annexations 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 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 pazcels of the minimum size
for facilities exempted by Class 3, New Construction of small
structures.
(c)
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
aze not limited to:
(a) Establishment of a subsidiary district,
Consolidation of two or more districts having identical powers,
(b) Merger with a city of district lying entirely within the
boundaries of the city.
(c)
Class 21:
Enforcement actions by regulatory agencies
Actions by regulatory agencies to enforce or revoke a lease,
permit, license, certificate, or other entitlement for use issued,
adopted or prescribed by the regulatory agency or law, general
rule, standazd, or objective, administered or adopted by the
regulatory agency. Such actions include, but are not limited to the
following:
The direct referral of a violation of lease, permit, ]icense,
certificate, or entitlement for use or of a general rule, standard, or
18-
13-52
objective to the Attorney General, District Attorney, or City
Attorney as appropriate for judicial enforcement.
The adoption of an administrative decision or order enforcing or
revoking the lease, permit, license, certificate or entitlement for use
or enforcing the general rule, standard, or objective.
Construction activities undertaken by the public agency taking the
enforcement or revocation action are not included in this
exemption.
Class 22:
Educational or training programs involving no physical changes.
Adoption, alteration, or termination of educational or training
programs which involve no physical alteration in the area affected
or which involve physical changes only in the interior of existing
schools or which involve physical changes only in the interior of
existing schools or training structures. Examples include, but are
not limited to:
Development of or changes in curriculum or training methods.
Changes in the grade structure in a school which does not result in
changes in student transportation.
Class 23:
Normal operations of facilities for public gatherings. Normal
operations of existing facilities for public gatherings for which the
facilities were designed, where there is a past history of the facility
being used for the same kind of purpose. Facilities included within
the exemption include, but aze not limited to racetracks, stadiums,
convention centers, auditoriums, amphitheatres, planetariums,
swimming pools, and amusement parks.
Class 24:
Regulation of work conditions. Actions taken by regulatory
agencies including the Industrial Welfaze Commission as
authorized by statute, to regulate any of the following:
Employee wages,
Hours of work, or
Working conditions where there will be no demonstrable physical
changes outside the place of work.
Class 25:Transfers of ownership of interests in land to preserve
open space. Examples include but aze not limited to:
(a) Acquisition of areas to preserve the existing natural conditions,
(b) Acquisition of areas to allow continued agricultural use of the
areas,
(c) Acquisition to allow restoration of natural conditions,
19-
13-53
(d) Acquisition to prevent encroachment of development into flood
plains.
Class 26:
Acquisition of housing for housing assistance programs. Actions
by a redevelopment agency, housing authority, or other public
agency to implement an adopted Housing Assistance Plan by
acquiring an interest in housing units. The housing units may be
either in existence or possessing all required permits for
construction when the agency makes its final decision to acquire
the units.
Class 27:
Leasing of new facilities.
Leasing of a newly constructed or previously 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:
Shall be in conformance with the existing State plans and policies
and with general, community, and specific plans for which an EIR
or Negative Declaration has been prepared.
Shall be substantially the same as that originally proposed at the
time the building permit was issued.
Shall not result in a traffic increase of greater than 10% of front
access road capacity, and
Shall include the provision of adequate employee and visitor
pazking facilities.
Examples of Class 27 include but are not limited to:
Leasing of administrative offices in newly constructed office
space,
Leasing of client service offices in newly constructed retail space,
Leasing of administrative and/or client service offices in newly
constructed industrial parks.
-20-
13-54
Section 5 INITIAL STUDY OF PROJECT TO DETERMINE IF AN EIR IS
REQUIRED
5.1 Initial Review ofNon-Exempt Projects
When a project is found by the project applicant, the ERC or a decision making
authority, to be subject to the requirements of CEQA and not exempt from the
provision of these procedures, the project applicant shall submit or cause to be
submitted, an application for an IS.
This application shall be on a form as prescribed by the ERC, it may include other
technical reports, documents or depictions necessary for a determination of
significance to be made and shall be submitted in a quantity as specified by the
ERC. The applications shall be accompanied by the filing fee specified in the
Master Fee Schedule.
The ERC shall review the documents to assure that the application is complete
and adequate to evaluate the project.
When the application is found to be complete and adequate, the ERC shall mail a
Notice of Initial Study to contiguous property owners, or if the project is not site
specific, publish the notice in a paper of general circulation. The owners of
contiguous property shall be those shown on the latest equalized assessment roll.
If the ERC finds that the proposed project is of such magnitude, potential
controversy or if a particulaz property owner's interests may be affected, the
geographical areas to be given notice maybe expanded to include other property
owners, individuals or groups.
This notice shall be mailed or published at least 10 days prior to any action by the
ERC. A copy of the Notice of IS shall also be mailed to any responsible agency
or agency having jurisdiction by law, All comments on the IS must be made to
the ERC in writing.
Upon completion of 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 environment, and
the ERC may recommend an ND to the decision making authority
on the project for its consideration and final determination.
5.1.2 If all potential impacts have been mitigated to a level of
insignificance because the necessary mitigation measures have
been added to the project or an alternate project substituted, the
ERC may recommend a mitigated ND to the decision making
authority on the project for its consideration and final
-21-
13-55
determination. The project applicant must revise the project plans
to implement the mitigation measure or provide an enforceable
commitment implementing the mitigation measures prior to a
finding of insignificance.
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 require that an
EIR be prepared to evaluate the project and its consequences, or;
5.1.4 More information is necessazy and the 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 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 important examples of the
major periods of California history orpre-history.
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 question whether any actions could arguably have
significant impact in regazd 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 prepazation of an EIR.
An EIR should be prepared when there is serious public
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 EIR Required-Appeal Procedure
-22-
13-56
If the ERC requires that an EIR be prepared based on findings specified in
Section 5.2, the applicant may, within ten (10) days of the date of the
mailing of the notification of the finding, appeal to the Planning
Commission by written notice of appeal filed with the Planning
Department in triplicate along with the fee specified in the master fee
schedule. The appeal shall specify the argument against the finding of the
ERC and specify. the reasons why there is no possibility that any aspect of
the project in question could cause a substantial adverse change in the
environment.
Upon hearing of the appeal the Planning Commission may, by resolution,
affirm, reverse, or modify, in whole or in part, the determination of the
ERC. A majority of the total membership of the Commission shall be
necessary to change or modify the decision of the ERC.
The decision of the Planning Commission may be appealed to the City
Council in the same manner as set forth in this section for appeals to the
Planning Department.
5.4 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 significant
effect on the environment; where a copy of the IS documenting reasons
supporting the findings may be reviewed, and mitigation measures, if any,
included in the project to avoid potentially significant effects.
5.5 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 bylaw and the project applicant, shall receive a
written copy of the ND.
5.6 Notice of Proposed Findings
If the decision-making authority is to hold a public heazing on the
proposed project, the notice of said hearing shall include a statement of the
proposed finding of no significant environmental impact and shall state
that the ND and IS are available for public review at the Planning
Department.
-23-
13-57
If the decision making authority is not required to hold a public heazing 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:
5.6.1 If the project involves a discretionary act on a specified
parcel of land, notice shall be given by posting of a notice on
and/or adjacent to the project site or by mailing a notice to adjacent
property owners as specified in Section 5.1.
5.6.2 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.
5.7 Adoption of ND
The ND shall be presented to the decision making authority on the project,
a minimum often (10) days after it is recommended by the ERC and
notice is given.
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 relative to said proposed
findings must be received by the decision making authority within ten (10)
days after the notice is given of the ND.
If no written comments are received, the decision making authority may
consider the ND after the comment period. If written comments are
received, a minimum of four (4) additional days may be allowed prior to
consideration of the ND 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 adoptthe ND and it shall become final. No
further environmental review shall be required, except as otherwise
provided in 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 ND and the project.
5.8 Filin
After an ND or EIR has become final and a determination has been made
to approve or conditionally approve the project, the ERC shall file a
-24-
13-58
Notice of Determination with the County Clerk or Secretary for
Resources. If the project has been denied, CEQA does not apply and no
Notice of Determination shall be filed.
5.9 Changes in Proiect/Subsequent Environmental Review
Once the environmental review process has been completed, no further
review is required unless one of the following conditions exists:
5.9.1 Subsequent changes aze proposed in the project which will require
important revisions of the EIR or ND/IS due to the involvement of
new significant environmental impacts not considered in the
previous EIR or ND/IS on the project, or
5.9.2 Substantial changes have occurred with respect to the
circumstances under which the project is undertaken which will
require important revisions in the EIR or ND/IS due to the
involvement of new significant environmental impacts not covered
in a previous EIR or adopted ND, or
5.9.3 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 ND/IS, significant effects previously examined will
be substantially more severe than shown in the EIR or
ND/IS, mitigation 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 altematives which
were not previously considered in the EIR or ND/IS would
substantially lessen one or more significant effects on the
envrronment.
5,10 The ERC shall review 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 be
prepared.
The project proponent shall submit to the ERC a description of the
revisions or changes, any necessazy technical reports, plans, graphics or
any other material necessary to evaluate the project along with the fee
established in the Master Fee Schedule. The ERC shall determine the
necessary number of copies.
-25-
13-59
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, the
ERC may recommend that the previously prepazed EIR be certified as the
final EIR on the subject project.
-26-
13-60
Section 6 PREPARATION AND PROCESSING OF EIR's
6.1 General Requirements
If it has been determined that a project may have a significant
environmental impact, the project applicant 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 consultants
providing environmental analysis of the project.
The ERC shall be responsible for providing independent evaluation and
analysis of the environmental document and for consulting with any
person or organization which may be concerned with the environmental
effects of the project and any responsible agency, trustee agency or any
agency with jurisdiction by law.
6.2 List of Qualified Consultants
The ERC shall prepare a list of consultants who aze qualified to prepare
EIR's on private projects. The list shall include firms which have
established that they have met the standazds formulated by the ERC. The
ERC may also prepare a list of sub-consultants qualified to prepare
specific sections or elements of an EIR or 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 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 met.
6.3 Types of EIR's
63.1 Focused EIR
After conducting an IS, the ERC shall identify those azeas of
concern which could involve significant environmental impacts,
either individually or cumulatively. These issues shall be
discussed in the EIR. Any other issues which clearly would not
result in a significant impact need not be discussed unless there is a
possibility of public controversy on that issue.
6.3.2 EIR's Involving Lame Scale Protects or Proiect in
Environmentally Sensitive Areas
When the ERC finds that a project is of such a magnitude
or is in an area of environmental sensitivities, a constraints
inventory of environmental resources and hazards shall be
-27-
13-61
prepared prior to the submission of any application for the
project. This inventory shall be prepared by the
environmental consultant selected by the ERC to prepaze
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 necessazy guidelines, outlines and procedures necessary
to implement the preparation of these inventories.
6.3.3 Other Twes of EIR's
The provisions for master/supplemental, (tiering) and
program EIR's in the State CEQA Guidelines (Section
15069), have been previously incorporated into these
procedures.
6.4 Notice of Prenazation
Upon the decision to prepare an EIR, and when the necessazy fees
have been paid, a Notice of Prepazation shall be distributed to all
responsible agencies and agencies with jurisdiction by law
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 or cause to be prepazed, an
EIR and candidate CEQA findings by one of the following
methods:
6.5.1 If the ERC finds that the information available in the
IS application, technical support documents or other
sources, is adequate, the ERC may prepaze the EIR and
candidate CEQA findings with the assistance of other city
departments. The ERC shall inform the project proponent
of the estimated time and information required for the
preparation of the EIR is acceptable to the project
proponent, the ERC may prepaze the EIR and candidate
CEQA findings.
6.5.2 If the proponent does not desire the ERC to prepaze
the EIR, or if the ERC cannot prepaze the EIR because of a
required expertise, or the number of EIR/IS's in process,
the EIR and candidate CEQA findings shall be prepazed by
an environmental consultant selected by the ERC and
agreed to by the project applicant in accordance with the
following procedures:
.2g_
13-62
The project applicant shall review the list of
qualified consultants as provided in Section 6.2 and
provide the ERC with a list of any consultants
which may have a conflict with the applicant or are
otherwise not acceptable. The applicant shall also
provide a written statement of reasons supporting
the position.
The ERC shall within 10 days of the request to initiate the
preparation of the EIR and candidate CEQA findings and
the payment for the filing fee, distribute requests for
Proposals (RFP) to at least three of the consultants on the
list who are acceptable to the project proponent. All
proposals from the consultants must be received by the
ERC within 15 days of the date of the RFP.
If only one proposal is received by the ERC and the proposal is acceptable to the project
proponent and the ERC, the ERC shall prepaze an agreement for the preparation of the
EIR and CEQA findings. 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 signed by the ERC.
If more than one proposal is submitted, they shall be graded by the ERC in accordance
with a rating sheet developed by the ERC. The proposal with the highest rating shall be
invited by the ERC to enter into an agreement with the ERC and the project proponent to
prepare the draft and final EIR and candidate CEQA findings.
Once the agreement 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 signed by the ERC.
6.6 Public Proiects
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 prepaze a preliminary of the draft EIR either
directly or by contract. When complete, the preliminary draft EIR
shall be submitted to the ERC who shall carry out the analysis and
consultation functions as noted below.
6.7 Processing the EIR
The ERC, upon receipt of the preliminary draft EIR from the
consultant or City department, shall perform an independent
evaluation and analysis of the document. The ERC shall consult
-29-
13-63
with any responsible agency, having an interest in, special
expertise in or is otherwise concerned with the environmental
effects of the proposed project.
As soon as the draft EIR is completed it shall be issued as the
City's draft EIR on the project. Once issued by the ERC, a Notice
of Completion shall be filed with the Secretary for Resources of
the State of California and notice given as provided in Section
19.12.070 of the Chula Vista Municipal Code.
6.8 Public Review of the Drafr EIR
After issuance by the ERC, copies of the draft EIR shall be
distributed to the Resource 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 EIR by the ERC. Unless a specific date is
otherwise established by the most superior body which has final
decision making authority ("Approving Body") as to the project,
the review period shall terminate with the closing of a public
hearing. Unless either the Planning Commission or the City
Council has specified a date certain, the ERC may specify a longer
review period for full public participation, input and evaluation.
During the review period, the ERC shall consult with any agency
having jurisdiction by law and persons or groups having special
interest. With the exception of testimony at the public heazing, all
input on the drafr EIR shall be in written form. The Resources
Conservation Commission may review the draft EIR and may
prepare a recommendation for the Approving Body and forward it
to the ERC.
6.9 Final EIR. ,
The Planning Commission shall hold a public hearing to take
testimony on the adequacy of the draft EIR unless the City Council
is the Approving Body for a given project and has otherwise
assumed authority to hold the public hearing. The City Council
shall have the right to assume the public heazing duty for any
project for which they are the Approving Body at any time prior to
closure of the public heazing by the Planning Commission. The
body which holds the hearing shall be herein referred to as
"Hearing Body". For any project for which the City Council is the
Approving Body and the Planning Commission is the Hearing
-30-
13-64
Body, the Planning Commission shall not conduct a public hearing
later than 60 days after the commencement of the public review
period or continue a public hearing on a prof ect to a date after 60
days after the commencement of the public review period without
the advance consent of the City Council. If no revisions to the
draft EIR are necessary and no significant input to the EIR is
made, the Hearing Body may certify the draft EIR as the final EIR
in the manner and according to the standards permitted by law,
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 ERC prior to the Hearing Body consideration
of the final EIR. The Hearing Body shall review the
recommendation of the consultant and the ERC, the final EIR, all
public input and review any comments from other agencies or city
departments on the EIR. If the Hearing Body finds the report has
been prepazed in accordance with the requirements of these
procedures and Cal. Admin. Code, CEQA of 1970, and all
applicable state laws, it shall by resolution, so certify and the EIR
shall become final.
The Hearing Body may also certify the EIR subject to revisions. If
the final EIR is found to have major inadequacies in light of the
above requirements, the Hearing Body may require that more
information be included in the final EIR. If the Hearing Body is
the Planning Commission, a request for more information in an
EIR maybe appealed to the City Council within 10 days of
Planning Commission action. Said appeals shall be made on forms
approved by the ERC and subject to the fee in the Master Fee
Schedule. Said appeal must be based upon the grounds that the
Planning Commission erred, acted in abuse of discretion, or
requested inappropriate or unnecessazy 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 State CEQA
guidelines and these procedures, or uphold a Planning Commission
request for more information.
6.10 Presentation to Decision Makers.
After certification of the EIR by the Heazing Body, or by another
Lead Agency, if the City of Chula Vista is a responsible agency,
the EIR shall be presented to the recommending and/or decision
making authority. The authority shall certify that the EIR has been
-31-
13-65
completed in compliance with CEQA and the Cal. Admin. Code
and that the authority has reviewed and considered the information
contained in the EIR prior to consideration of the project.
No decision making authority shall approve or carry out a project
for which an 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 effects thereof
as identified in the final EIR.
6.10.2 Such changes or alterations are within the
responsibility 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 if the city has concurrent
jurisdiction with another agency to deal with identified feasible mitigation measures or
alternatives.
6.11 Statement of Overriding, Considerations.
Ifthe-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 the final EIR.
6.12 Sunplemental EIR's.
In accordance with Section 5.8 of these procedures, a revised
project, a change in circumstances or new information shall be
-32-
13-66
reviewed by the ERC who shall determine if a supplemental EIR
or ND is to be prepared. Processing of the supplement shall be in
accordance with these procedures.
-33-
73-67
Section 7 EIR CONTENT
EIR's shall contain the elements specified in Article 9 of the CEQA Guidelines. The
ERC shall prepare any guidelines, outlines, procedures and/or other necessary
requirements to implement the CEQA 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 makes and the general public. If
any provision of these procedures or its application to any project or circumstance is held
invalid for any reason, such invalidity shall not affect any other provision or application
of this ordinance, or any of its provisions, which can be affected without the invalid
provision or application, and to this end the provision of this act are severable.
-34-
13-68
RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING REVISIONS TO THE
ENVIRONMENTAL REVIEW PROCEDURES OF THE
CITY OF CHULA VISTA
WHEREAS, the City Council adopted the Environmental Review Procedures of the City
of Chula Vista on February 19, 1974, in accordance with City law and the California
Environmental Quality Act (CEQA) and has amended the procedures from time to time to insure
compliance with CEQA and local environmental processes in accordance with Section 17.02.010
of the Chula Vista Municipal Code; and
WHEREAS, the Environmental Review Procedures establish the duties of the
Development Services Director relative to environmental issues, one of which to periodically
review the procedures and make recommendations to the City Council regarding any necessary
or desirable revisions; and
WHEREAS, in the Spring of 2009, a 25 member Development Services Oversight
Committee, comprised of developers, business owners, community organizations, engineers,
architects, and contractors was formed to work with staff in identifying areas where the
development review process could be made more efficient; and
WHEREAS, the Development Services Oversight Committee assisted staff in its periodic
review and revision of the Environmental Review Procedures and voted unanimously on
December 13, 2010 to recommend that the City Council adopt the proposed revisions to the
Environmental Review Procedures; and
WHEREAS, the Development Services Director has reviewed the proposed activity in
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, no environmental
review is necessary.
NOW, THEREFORE BE IT RESOLVED that the City Council repeal ~tl}e currently
adopted Environmental Review Procedures and replace them with the revis~'d procedures
attached hereto in Exhibit "A". i ,~'
Presented by
to
Gary Halbert, P.E, AICP Crle~i R. Goog
Assistant City Manager/Development Cil~(-y Attorney
Services Director
13-69