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HomeMy WebLinkAboutReso 1982-11086 RESOLUTION NO. 11086 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURE The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that those certain Environmental Review Procedures and Guidelines for the preparation of biological sur- veys, acoustical reports and traffic studies attached hereto as Exhibit "A' and incorporated herein by reference as if set forth in full, be, and the same arehereby adopted. Presented by Approved as to form by B ~ y, Director o~ George D. Lindberg, City Planning Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of November 19 82 , by the following vote, to-wit: AYES: Councilmen McCandliss, Scott, Cox, Malcolm, Moore NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ~of the City of Chulo Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTTON N0. ]1086 ,ond that the some has not been omendad or repealed. DATED (seal) City Clerk cc-sso/ - DRAFT REVISION ENVIRONMENTAL REVIEW PROCEDURES of the City of Chula Vista Adopted by the Chula Vista City Council Resolution No. Environmental Review Section Planning Department (714) 575-5101 CONTENTS Page Section 1 Introduction 1 Section 2 General Provisions 3 Section 3 Environmental Review Coordinator 6 Section 4 Projects Exempt from Environmental Review 8 Section 5 Initial Study of Projects to Determine if an EIR is Required 19 Section 6 Preparation and Processing of EIR's 24 Section 7 EIR Content 29 Section 8 Conflicts with Requirements of the State of California 29 Section 9 Severability 29 Section 1 INTRODUCTION 1.1 Purpose and Intent It is the intent of the Chula Vista City Council to establish procedures in accordance with the California Environmental Quality Act/~f X~/~X¢/~/¢~I~f~F~ to regulate the activities of the City of Chula Vista and private individuals and corporations which may ~/~/X~ have a significant effect upon the quality of the envi torment. 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 olicy and regulatory constraints. Based on this, the project should then ~ e ~ormu)ate~ in recognition o~ t~e environmental sensitivities, mitigating measures should be included in the project to lessen adverse impacts, ~ and alternatives to the project considered, including the possibility o"f'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 Policy Statements 1.2.1 It is the policy of the City of Chula Vista that every project that it carries out or approves shall avoid or mitigate all significant effects if 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 data base 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: California Environmental Quality Act - CEQA Title 14 California Administrative Code - CEQA Guidelines Environmental Constraints Inventory - ECX Environmental Impact Report (Draft or Final) ~ Environmental Impact Statement (Draft or Final) - EIS Environmental Review Coordinator ¢~l~lJ~ - ERC Initial Study - IS Mitigated Negative Declaration - MND National Environmental Policy Act of 1969 - NEPA Negative Declaration - ND Request for Proposal - RFP 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 ossible significant effect on the environment, the activity is not subject to the requirements set forth in CEQA, the ¢~7~/~1/¢~¢/~ State CEQA Guidelines or these procedures. These procedures also do not apply to projects which the city rejects or disapproves. 2.2 Incorporation of the State EX~ CEQA Guidelines The State EX~ 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 EX~ CEQA Guidelines to the specific operations of the City of Chul~sta, ~ are necessary to provide general background or incorporate specific guideline requirements pursuant to X~/~X~X~ EX~ CEQA Guideline Section 15050 (c). 2.3 Projects Requiring Preparation of an ND or EIR 2.3.1 Public Projects When a department of the City of Chula Vista plans to carry out a project which is not categorically exempt from review, the department shall apply for anIS which may result in the 7~/X~/~ preparation of an ND, or file a draft EIR with the Environmental Review Coordinator {ERC). All actions shall be in conformance with these procedures 2.3.2 Private Projects When a project is to be carried out by a non-governmental person, and it is subject to the approval, financial support or some other involvement by the City of Chula Vista, environmental documents shall be prepared directly by the City of Chula Vista or by contract with an approved consul tant. All costs incurred by the City or any environmental consultant hired by the ¢~IyXX~ ERC to perform environmental analysis or prepare an EIR, shall be pa~'T~by the project proponent. 2.3.3 Mul ti-Agency Projects When a project is to be considered by the City of Chula Vista and other public agencies, only one environmental document shall be prepared, and that document shall be prepared by the Lead Agency. 2.4 Statutory Exemptions 2.4.1 Emergency Projects The following emergency projects are 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 l, 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 is not considered to be all inclusive and decisions as to whether an action is ministerial are reserved and delegated to the ERC. (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. (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. 2o4.3 Non-Significant Actions Pursuant to Section 15060 of the $X~X~/EI~ CEQA Guidelines, the following actions will clearly have no sign~'~FF6ant 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. Section 3 ENVIRONMENTAL REVIEW ¢~MMII~ COORDINATOR ~¢~/¢f/~¢/~R¢/~/~1/~¢~/~/1~Y/~¢~J~¢f/~¢/~/~R¢I 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: 3.2/1 ~l~/~J~/~l~/~Conduct IS's and recommend to decision making bodies that an Nff be adopted unless the subject pro~ect may have a possible significant environmental effect, in accordance with the findings in Section 5.~ of these procedures. 3.2/2 Adopt environmental assessments/finding of no significant impact, Environmental Review Records and make recommendations to t'3~'~Ffty of Chula Vista and the Redevelopmerit Agency regarding the significance of environmental impacts as provided in NEPA and other Federal regulations. 3.2/3 Adopt and maintain a list of consultants qualified to prepare EIR's and EIS's. 3.2/4 Select and contract with consultants which are on the list of qualified consultants for the preparation of EIR's for the City. 3.2/5 Issue draft EIR's following independent analysis and review of preliminary drafts supplied by a consultant or city staff. 3.2/6 M¢t~/~¢~l~/~/~¢/t~eview revised projects for which EIR's or ND's have been prepared and determine if a supplemental environmental document must be prepared, or if there clearly will be no new adverse effects. 3.2/7 Adopt all forms, reporting formats, ~l~, factors and standards for reports, studies, surveys and technical documents necessary to implement CEQA, the State ~IR CEQA Guidelines and these procedures. 3.2/8 Adopt and maintain a map of the urbanized area of Chula Vista. - 6 - 3.2L9 Recommend to the appropriate decision making authorities the mitigation measures which are necessary to avoid significant environmental impacts. 3.2L10 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. 3.2Lll Periodically review the environmental review procedures and make recommendations to the City Council regarding any necessary or desirable revisions. ~l~Ll I~I~I~MI~I~I~R¢I~llI~¢~I~I~I~I~ 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 ¢~f~X~f ERC ~l advise the applicant on the procedures, requirements, time sc~ules 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 ¢~X~X~ ERC in order to determine applicable requirements and arrange mutual, satisfactory procedures for the interchange of information. Departments of the City of Chula Vista shall work with the ERC in generating and assembling information necessary for the ~J'~q~X~¢~I~YI~¢~I~¢~IEX~I~I~¢X~I~IX~I~ evalua~n of any City sponsored projects. 4.2 Review of Exempt Projects A proponent of a project, 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 ~/~/X~/~71~/H~f~ Department have qualified personnel available to screen projects. The ERC shall have final counter review authority on the applicability of the ~lowing actions which are exempt from review requirements: Actions not defined as projects Emergency projects Ministerial projects Categorical exemptions When a project is determined to be exempt from the requirements of CEQA, as provided in Section 4.1 through 4.3, the ¢~f~X~f ~RC may prepare a Notice of Exemption for filing with the County Clerk. 4.3 Categorical Exemptions In response to the mandate of the State of California, the City of Chula Vista, does hereby find that the following classes of projects listed in this section ~ will not have any possible significant effect on the environment, and they are declared to be categorically exempt from the requirements for the preparation of environmental documents. 4.3.1 Exceptions - 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 ll 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 hazardous or critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to ~ Federal, State or local agencies. The following areas are considered to involve environmental resources hazards or areas of critical concern: ~/~J~/~ a special flood hazard area on the Flood Hazard Boundary Map (H-Ol-ll), ~ a conservation 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 geolog'fc hazard on the Seismic Safety and Safety Element plan diagrams of the General Plan, ~ a designated historical site, ~)~ an area of potential archaeological or paleontological importance. 4.3.3 Exceptions - Cumulative Impact All exemptions for these classes are 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 h building under Class 1. T is 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 dr private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (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; -9- (c) Existing highways and streets, sidewalks, gutter, bicycle and pedestrian trails, and similar facilities, except where the activity will involve the removal of scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings; (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 resul ted from an envi ronment~l hazard such as earthquake, landslide or flood; (e) Additions to existing structures provided that addition will not result in an increase of more than: I1) 50% of the floor area of the structure before the addition or 2500 sq. ft., whichever is less, or 12) lO,O00 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. If) 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 & 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 except where the structures are of historical, archeological or architectural significance; (1) Single family residences not in conjunction with the demolition of two or more units, - 10 - (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 condomimium type ownership; (p) Interior or internal modifications to established and discrete areas v~ich are fully developed within the larger environment of parks or recreation centers where such internal or external modification is essentially a rearrangement rather than an additive function; (q) Installation of traffic signals, traffic signs, safety street lighting, pavement markings or raised medians for improving the flow characteristics or safety of existing streets; (r) Installation of parking meters along existing streets. Class 2: Replacement or reconstrucUon of existing structures and ~ies 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 501; (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose and ~apacity. (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 ~n 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 ~l~J~/X~X section are the maximum allowable on any legal parcel or to be associated with a project within a two year period. Example of this exemption include but are not limited to: (a) Single family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single family residences may be constructed under this exemption. (b) Apartments, duplexes and similar structures designed for not more than four dwelling units if not in conjunction with the building of two or more such structures. In urbanized areas, the exemption applies to single apartments, duplexes and similar small structures designed for not more than six dwelling units if not constructed in conjunction 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 such structures. In urbanized areas, the exemption also applies to commercial buildings on sites zoned for such use, if designed for an occupancy load of 30 persons or less, if not constructed in conjunction with the building of four or more such structures and if not involving the use of significant amounts of hazardous substances. (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. Class 4: Minor alterations to land. Minor public or private alterations ~n~'~"(h'~'condition of land, water and/or vegetation, which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (a) Grading on land with a slope of less than lO~ 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 areas of severe geologic hazard, (b) New gardening and landscaping, (c) Filling of earth into previously excavated land with material compatible with the natural features of the site, (d) Minor alterations in land, water and vegetation in existing officially designated wildlife management areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish productions, {e) Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (f) Minor trenching and backfilling where the surface is restored, (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable State and Federal regulatory agencies, (h) The creation of bicycle lanes on existing rights-of-way, (i) Removal of dead, damaged or diseased trees or limbs, (j) The renewal of any lease, license or permit to use land where the use involves negligible or no permanent effects on the environment. Class 5: Minor alterations in land use limitations in areas with less t~h'~'fi'lD% 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) Revision to acreage in accordance with the Subdivision Map Act, (d) Conveyance of minor miscellaneous easements, excluding street, alley or walkway easements, (e) Minor modifications to the conditions of previously approved tentative subdivision maps involving approved design features when no increase in the number of lots or parcels is proposed, (f) Minor conditional use permits which do not result in any significant change in land use or intensity. Class 6: Information collection, data collections, research experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information gathering purposes, or as part of a study 1 eading 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: 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 or~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 ~es 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 temporary use items such as life-guard towers, mobile food units, portable restrooms, and similar items in generally the same locations from time to time in publicly owned parks. (e) Subdivision directional signs and tract signs as approved by the Zoning Administrator (CVMC 19.60.470 & 480) Class 12: Surplus government property. Sales of surplus government' propS except for parcels of land located in an area of statewide interest or potential area of concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code Section 65041 et. ceq. However if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals & Policy Report, its sale is exempt if: (a) The property does not have significant values for the wildlife habitat or other environmental purposes, and, (b) Any of the following conditions exist: l) The property is of such size or shape that it is incapable of independent development or use, or, 2) The property to be sold would qualify for an exemption under any other class of categorical exemption in Article 8 of the Cal. Admin. Code, or, 3) The use of the property and adjacent property has not changed s~nce 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 of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code, Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. Class 14: Minor additions to existing schools within existing school grou"6~'d~'where the addition does not increase original student capacity by more than 25% or ten ~XV¢ 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 ~ial, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are 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 parks. The acqu~"i~T{ion of parkland where the land is in a natural condition or contains historic sites or archaeological sites and either: (a) The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological sites. Class 17: Open space contracts or easements. The establishment of ~ural preserves, the making and reviewing of open space contracts under the Williamson Act, or the acceptance of open space easements. The cancellation of such preserves, contracts or easements is not included. Class 18: Designation of wilderness areas. The designation of wilderness areas under the California Wilderness System. Class 19: Annexations of existing facilities and lots for exempt (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 parcels of the minimum size for facilities exempted by Class 3, New Construction of small structures. Class 20: Changes in organization of local agencies. Changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (a) Establishment of a subsidiary district, (b) Consolidation of two or more districts having identical powers, (c) Merger with a city of a district lying entirely within the boundaries of the city. Class 21: Enforcement actions by regulatory agencies (a) Actions by regulatory agencies to 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, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to the following: l) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate for judicial enforcement. 2) 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. {b) 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 c'h'~'~'ges. 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 training structures. Examples include, but are not limited to: (a) Development Df .or changes in curriculum or training methods. {b) 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 opens 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 this exemption include, but are not limited to racetracks, stadiums, convention centers, auditoriums, amphi theatres, 31anetariums, swin~ning pools, and amusement parks. Class 24: Regulation of work conditions. Actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: (a) Employee wages, (b) Hours of work, or (c) 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 are 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, (d) Acquisition to prevent encroachment of development into flood plains. Class 26: Acquisition of housing for housing assitance programs. Actions ~ a levelopment 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 new facilities. (a) 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 buil di ng was exempt from CEQA. To be exempt under this section, the proposed use of the facility: l) 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. 2) Shall be substantially the same as that originally proposed at the time the building permit was issued. 3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and 4) Shall include the provision of adequate employee and visitor parking facilities. (b) Examples of Class 27 include but are not limited to: l) Leasing of administrative offices in newly constructed office space, 2) Leasing of client service offices in newly constructed retail space, 3) Leasing of administrative and/or client service offices in newly constructed industrial parks. -18- Section 5 INITIAL STUDY OF PROJECT TO DETERMINE IF AN EIR IS REQUIRED 5.1 Initial Review of Non-Exempt Projects When a project is found by the project applicant, the ERC ¢~J~X~ 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 ~y~ 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 ~J~X~ shall review the documents to assure that the appl~tion is complete and adequate to evaluate the project. When the application is found to be complete and adequate, the ERC ¢~J~ shall mail a Notice of ~lJ¢/W~ the Initial Sl~D'~y to contiguous property owners, or if the project is no=E'site specific, publish the notice in a paper of general circulation. J~IX~¢I~t~IXY~I~I~I~I~I~I~X~. The owners of continguous property shall be those shown on the latest equalized assessment roll~ If the ERC ¢~X~ finds that the proposed project is of such _ magnitueF, potential controversy or if a particular property owner's interests may be affected, the geographical areas to be given notice may be expanded to include other property owners, individuals or groups. This notice shall be mailed or published at least lO days prior to ~ll¢/~/any action by the ERC. A copy of the Notice of IS P~XX~/M~J~/)/X~XXX~//~y shall al so be mailed to any respo~ible agency or agency having jurisdication by law. All comments on the IS must be made to the ERC in writing. Upon completion of the ~W~I~/~X~/~/X~ 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 I~W~/~/~X ND ~/~/~X to the decision making authority on the project for its consideration and final determination. 5.1.2 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 determination. The project app)icant must revise the project plans to implement the mitigation measure or provide an entorceable commitment implementing the mitigation measures prior to a finding of insignificant. 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 ~X be prepared to evaluate the project and its consequences, or; 5.1.4 More information is necessary and the ~7I¢/~¢~/~ IS shall be continued for submission of this additional information which may be in the form of a technical support document or other information. 5.2 Mandatory Findings of Significance A project shall be found to have a potential significant effect on the environment if: 5.2.1 The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate important examples of the major periods of California history or pre-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 regard to the factual issues as exemplified in the above examples or findings, then the testimony showing dispute regarding factual environmental issues shall constitute significant cause to require the preparation of an EIR. - 20 - 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. If the ERC requires that an EIR be prepared based on findings specified in Section 5.2, the applicant may, within ten (lO) days of the date of the mailing of the notification of the finding, appea~ to the P~anning Commission by written notice of appea~ 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 ~RC. 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 a 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 by law 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 hearing 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 HD and IS are available for public review at the Planning Department. If the decision making authority is not required to hold a public hearing on the proposed project, notice of the proposed findings of no significant environmental impact and the availability of the ND and IS shall be given by one of the following methods: 5.6.1 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 t~e project, a minimum of ten (lO) 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 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) addi riohal 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 adopt the ND and it shall become final. No further environmental review shall be required, except as otherwise provided in these procedures. IF ~1~ public hearing is to be held on the pr<~posed 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 Filing. After an ND or EIR has become final and a determination has been ma"~'d~'{o approve or conditionally approve the project, the ERC ¢~X~ shall file a 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 Project/Subsequent Environmental Review Once the environmental review process has been completed, no further review is required unless one of the following conditions exists: 5.9.1 Subsequent changes are 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 - 22 - 5.9.2 Substantial changes have occured 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 alternatives which were not previously considered in the EIR or ND/IS would substantially lessen one or more significant effects on the environment. 5.10 The ERC shall review ~/~/~7J~/~¢~/~ any ~f~X 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 ~M~I be prepared. The project proponent shall submit to the ERC ~JX/~/¢¢~¢~/~ a description of the revisions or changes, any necessary technical reports, plans, graphics or any other material necessary to evaluate the project along with the fee established in the Master Fee Schedule. The ERC shall determine the necessary number of copies. 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 recon~nend that the previously prepared EIR be certified as the final EIR on the subject project. ~/E~¢/~/~/~/~7~/~¢~/~ ~X~IX~I~I~XTI~I~I~~I~I~X~¢I~I~Y 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 ap licant shall also deposit with the city an amount necessary to reimburse a~l city consultants providing environmental analysis of the project. The ERC ¢~f~J~ shall be responsible for providing independent evalu'~ion and analysis of the environmental document f~/~H~/ER~ 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 Consul tants. The ERC E~~I/R~J~ ~t~t~X~ shall prepare a list of consuites who are qualified to prepare EIR's on private projects. The list shall include firms which have established that they have met the standards formulated by the ERC E~X~/~/~m~V~- 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 consul tant. Finns currently on the list need only provide information on standards which they previously have not ~X~X~/X~¢Y met. 6.3 Types of EIR's 6.3.1 Focused EIR After conducting an IS, the ERC shall identify those areas 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 Large Scale Projects or Project 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 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 prepare the EIR on the project and shall serve as the - 24 - data base for the preparation of the EIR and the design of the project. Technical reports submitted by the project applicant may be utilized by the City's consultant after an independent evaluation and verification of facts. The ERC shall prepare the necessary guidelines, outlines and procedures necessary to implement the preparation of these inventories. 6.3.3 Other Types of EIR's The provisions for master/supplemental, (tiering) and program EIR's in the State EXR CEQA Guidelines (Section 15069), have been previously incorporated into these procedures. 6.4 Notice of Preparation. 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 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 prepared, 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 ¢¢~l~tiiX~l may prepare the EIR and candidate CEQA findings w~'i't'h the assistance of other city departments. The ERC ¢¢~I~X~ shall inform the project proponent of the estimated time and information required for the EIR. If this procedure and the estimated time required for the preparation of the EIR is acceptable to the project proponent, the ERC ¢~X~X~ may ~X} prepare the EIR and candidate CEQA fin~i)'f~gs. 6.5.2 If the proponent does not desire the ERC ¢~l~)~$~/t~Xl~)~ to prepare the EIR, or if the ERC ¢~)'14i~ cannot prepare the EIR because of a required expertise, or the number of EIR/IS's in process, the EIR and candidate CEQA findings shall be prepared by an environmental consultant selected by the ERC and agreed to by the project applicant/in accordance with the following procedures: 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 ¢~l~l~Xti~(~l shall within lO days of the request to initiate the preparation of the EIR and candidate CEQA findings and the payment of the filing fee, distribute requests for Proposal s (RFP) to at least three of the consultants on the list of consultants/who are acce~able to the project proponent. All proposals from the consultants mus~ be received by the ERC ¢¢~I~X~ within 15 days of the date of the RFP. - 25 - If only one proposal is received by the ERC ¢~d~ and the proposal is acceptable to the project proponent an"d'the ERC ¢~fd~, the ERC ¢~dX~X~ shall prepare an agreement for the p~eparation of the EIR and CEQA findings ~/~f¢~d/~Y/~/gg~. 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 ~d~f~X~/~d/~$d~W~ signed by the ERC. If more than one proposal is submitted, they shall be graded by the ERC in accordance with a rating sheet developed by the ERC. The proposal with the highest rating shall be invited by the ERC ¢~X~X~ to enter into an agreement with the ERC and the project proponent to prepare the draft and final EIR and candidate CEQA findings. Once the agreement is signed by the project proponent and the consultant (contractor) and agreed to reimbursement for the consultant has been deposited with the city, the agreement shall be signed by the X~/XM~/¢~$~/~ the ERC. 6.6 Public Projects. When a department or agency of the City of Chuta Vista is proposing to carry out a project which may significantly effect the environment, it shall prepare a preliminary of the draft EIR either directly or by contract. When complete, the preliminary draft EIR shall be submitted to the ERC ¢~I~X~ v/no shall carry out the analysis and consultation~ctions as noted below. 6.7 Processing the EIR. The ERC ¢~d~X~, 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 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 l/.~/Eg¢/f~/~XX~/~d/$~ as the City~ft 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 ~X~ and notice given as provided in Section lg.12.070 of the Chula Vista Municipal Code. 6.8 Public Review of the Draft EIR. After issuance by the ERC, copies of the draft EIR shall be distributed to the Resources Conservation Commission, affected agencies and department heads, others with jurisdiction by law, and all responsible agencies when the City of Chula Vista is functioning as the Lead Agency, and copies shall be deposited with the Chula Vista Public Library for check out. A minimum 30 day period for agency and public review shall commence with the issuance of the draft EIR by the ERC. The review period shall terminate - 26 - with the closing of a public hearing held by the Planning Commission to provide input on the draft EIR. 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 la~d persons or groups having special interest. With the exception of testimony at the Planning Commission public hearing, all input on the draft EIR shall be in written form. The Resources Conservation Commission may review the draft EIR and may prepare a recommendation for the Planning Commission 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. If no revisions to the draft EIR are necessary and no significant input to the EIR is made, the Planning Commission may certify ~ the draft EIR as the final EIR along with the CEQA find~ng~'~ter 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 ¢~X~ prior to the Planning Commission consideration of the ~al EIR. The Planning Commission shall review the recommendation of the consultant and the ERC ¢~X~, the final EIR, all public input and review any comments'l'~om other agencies or city departments on the EIR. If the Planning Commission finds the report has been prepared 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 Planning Commission may also certify ~X the EIR subject to revisions. If the final EIR is ~have major inadequacies in light of the above requirements, the Planning Commission may require that more information be included in the final EIR. A request for more information in an EIR may be appealed to the City Council within lO 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 unnecessary submission of information. All appeals shall state specific objections to the action by the Planning Commission and provide such information as necessary to substantiate the appeal. The City Council may certify that the final EIR was prepared in accordance with CEQA, the ¢~l//~)~t~//¢~ 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 Planning Commission, 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 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. If the decision making authority decides to approve a project for which significant environmental consequences have been identified in the EIR, the authority shall issue a statement identifyi ng the other interests on which approval i s 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 Supplemental EIR's. In accordance with Section 5.8 of these procedures, a revised project, a change i n circumstances or new information shall be reviewed by the' ERC who W~I¢~ shall determine if a supplemental EIR or ND is to be prepared."l~rocessing of the supplement shall be in accordance with these procedures. - 28 - Section 7 EIR CONTENT EIR's shall contain the elements specified in Article 9 of the CEQA ~X~X~ EI~ Guidelines. The ERC shall prepare any guidelines, outlines, ~ocedures and/or other necessary requirements to implement the CEQA ~X~X~/EI~ 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 SEVEP. ABILITY The provisions of the Environmental Review Procedures, or any of its provisions, are to be liberally construed to the end that all adverse environmental consequences of a proposed project are fully disclosed to public decision makers and the general public. 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. WPC Ol13P -- DL BIOLOGICAL SURVEY GUIDELINES I. GOALS Goals of the biological survey and report and, indirectly, these guidelines are as follows: A. To promote an efficient presentation of information for adequate and effective environmental review in meeting the requirements of CEQA. B. To increase the efficiency of the environmental review process, to prevent unnecessary time delays, to standardize surveys and reports, and to define the minimum information necessary. C. To provide the project applicant sufficient information in a timely manner to permit appropriate planning decisions prior to finalizing project designs. D. To identify rare, endangered, or sensitive species and habitats. E. To ensure that information collected in past reports can have some utility in evaluating future projects in similar circumstances. These guidelines are meant to guide the content of biology technical reports and will be used to determine their acceptability. II. TYPES OF SURVEYS No two project sites are identical in terms of the biological resources present, the degree of disturbance, the proximity to other developed areas, and the type of project proposed. For these reasons, two types of biological surveys are suggested. This allows the field investigator and reviewing agency sufficient flexibility while still meeting the requirements of CEQA. A. BASIC SURVEY Projects involving or permitting modification of land in a natural or near natural state, and all areas containing sensitive habitats or sensitive species, shall be investigated as follows: 1. Time in the field shall be proportional to the size of the project and biological heterogeneity and the significance of sensitive habitats present. 2. Completeness of the biological inventory will be based on a "diminishing returns" criterion. 3. Data collected should be quantified where possible. - 2 - 4. Small mammal trapping should be conducted where appropriate and will be required in situations where the presence of Stephens' kangaroo rat (Dipodomys stephensi, a rare species) is suspected. 5. It is highly recommended that field surveys be performed when the most critical resources can be best evaluated. 6. The most. recent generally acceptable nomenclature shall be used to indicate plant and animal names to avoid confusion (see Attachment III or more recent literature). 7. Other procedures, as listed below in Specialized Surveys. B. SPECIALIZED SURVEYS Projects involving minimal habitat alteration, or agricultural areas presently or recently under cultivation, or areas essentially devoid of native vegetation, in so far as they involve no critical habitats,' shall be investigated as follows: l. The emphasis of the survey shall be towards a directed search for rare, endangered, or otherwtse sensitive species. 2. A statement explaining the physical/biological basis for the lack of expected resources shall be included. III. REPORT FORM AND CONTENT The biological survey report shall be presented in the following format. This format applies to both basic and specialized surveys. For specialized surveys, the format can be presented in a correspondence form, but each point shall be addressed. A. COVER PAGE Include a signature block of the principal investigators and the name of the project. B. SUMMARY OF FINDINGS Briefly state the results of the survey, sensitive species present, and the impacts anticipated with any feastble measures to reduce or eliminate ltkely tmpacts. C. INTRODUCTION Briefly descrtbe the proposed project, its size and location (including a vicinity map of appropriate scale to show nearby roads or other features). -3- D. METHODS AND SURVEY LIMITATIONS Briefly discuss the survey techniques used; the rationale for the use of the given survey method; dates, times, and conditions during the survey; limitations of the survey {e.g. that proportion of the property directly surveyed or seasonal variability or results); and a map showing locations of transects, sample points and the areas actually listed. E. PHYSICAL CHARACTERISTICS Describe the physical characteristics of the property from a biological perspective, including slope, and aspect (exposure), topographic characteristics, water resources, soil and rock types, rock out-crops, existing land uses, and adjacent land uses. F. RESULTS 1. Mapping of Information. All maps submitted with the biology report must be of a scale sufficient to show the location of the resources identified and their relationship to aspects of the .project likely to adversely affect the resources. Elevations and north direction must be indicated on all maps. In addition, at least one copy of a full scale project map (Tentative Map, Tentative Parce, .ap. Specie, .se Petit, va .ce must be submitted, showing the resources identified ~r characteristics including lot lines, roadst grading, open space easements, etc. For projects which have simple schematic project maps, the resource maps s'~F6~ld be of sufficient size to demonstrate the resources present and indicate topographic relationships. 2. Botany. Describe the existing plant communities, as well as disturbed areas, an"X~'~')ist the dominant (indicator) species of each vegetation community type. Include a vegetatiDn map (at least one copy submitted must be on a project plan map) showing relationship to development proposa.)~"The amount of each plant community or habitat type present on the property should be indicated in acres {or hectares); include quantitative and transect data when appropriate. Include in the report (in an appendix, if appropriate) a complete listing of all plant species observed, including scientific and, where available, common names. Indicate in which community or habitat each species was found and which species are not native to the area. 3. Zoo]. Provide a list of all vertebrate species observed or detected, either in the text of the report or in an appendix. Both common and scientific names should be utilized. "Regional Lists" are not acceptable; listing of particular ~xpected species may be appropriate but should be justified (migratory, estivating, nocturnal species, etc.). Include in the list or text the method used to identify the species (i.e., direct sighting, scats, calls).. Indicate the numbers of individuals detected or estimated. Note indications of breeding activity {i.e., nests, dens) on the property. [Occurrence of the species should be -4- related to the vegetative community or wildlife habitat types on the property when possible.] Relative amounts of each wildlife habitat type should be indicated (may be same as plant communities). Discuss invertebrates in special situations (i.e., rare, threatened or endangered butterfly species, unusual species concentrations, pest species, and marine habitats). If a species is reported on the property which is considered rare or unusual in occurrence in the region, verify its identification with a species diagnostic description in the appendix. Indicate locations of (on at least one copy of a project map) and d~scuss areas exhibiting concentrations or a higher diversity of wildlife or wildlife signs, and discuss possible reasons for these activities (including amphibian breeding areas,. deer feeding and raptor hunting areas, etc.). Such areas may reflect physical attributes of the property such as dunes, rock out-crops, streams, ponds, stands of trees, etc. which should be mapped. 4. Rare and/or Endanigred or Sensitive Species. The report shall contain a separate discussion o any species occurring on or using areas directly or indirectly affected by the project, which are recognized by a government agency or 'conservation or scientific group or the investigator as - being depleted, potentially depleted, declining, rare, locally endemic, endangered, or threatened, and/or any species nominated or on a' state or federal rare, endangered, or threatened species list (see Attachment IV). For each such species indicate the number of individuals Observed, on or immediately off-site (the total population thought to be present) and their exact locations(s) on at least.one copy of a project plan map. The survey report shall contain a discussion of those rare, endangered, and threatened plant species known to occur within an approximate five-mile radius of the project. The choice of species discussed shall be based on the California Native Plant Society list (Powell 1974) or more recent data. Discuss the suitability of the habitat on the property for each such species and the probability of the property being utilized yl~"them, particularly if the survey was done when said plants would not be identifiable, Discuss here the known growth requirements of said species, including required soil types, exposure, elevation, availability of water, etc., as well as when the species is identifiable. Confirm the identification of rare, endangered, or threatened plant species, by a species-diagnostic photograph or by a written description. For each such species identified, a Plant Verification Form must be completed and included in the final Technical Report (Attachment 1). If the survey was performed when rare, endangered, or threatened wildlife were not present but are known to or are likely to use the project site, discuss the probable population levels and uses of such species _ on the property. -5- Identification of rare, threatened, or endangered animal species shall be confirmed by a written species-diagnostic description, or a species-diagnostic photograph. 5. Sensitive Habitats. Describe and map (on at least one copy of the project map) any habitat recognized by a government agency or conservation or scientific group, or the investigator, as being depleted, rare and/or endangered or otherwise sensitive (Attachment II). For each such habitat, present data indicating its size, exact location, and the degree of its disturbance. A1 so indicate the relative value of the habitat on site and its regional significance. Discuss any stream beds on the project site which would be modified and subject to the State Fish and Game code, section 1600 - 1603. Describe the existing conditions, the project impacts and any measures to reduce the impacts. Discuss impacts to any formally identified Critical Habitats of Endangered or Threatened species. G. EVALUATION OF RESOURCES Discuss the biologic and conservation value of the important resources on the project site, compared to the perceived or known status of the resources adjacent to the project, in the region or within the range of distribution of the resource. Species abundance, composition, diversity, reproduction, and other indicators of "biologic quality" on the property should be compared to similar habitats elsewhere. Evaluate the physical or biological features used by wildlife on the property and their relative importance. Indicate the physical and biological relationship of the property to surrounding or contiguous habitats. If the proposed project will disrupt the integrity or continuity of an important habitat, this should be discussed (i.e., disruption of an extensive riparian woodland, etc.). Evaluate the effects that detected pests or nuisance species may have on future project users or adjacent residents. If the survey was made when many organisms were dormant or were seasonally absent, because of migration or for 'other reasons, evaluate the likely value of the site during the period of optimum use. All conclusions in this and the following sections should be supported by data or reference to other publications. H. ANTICIPATED PROJECT I~ACTS As a minimum evaluation, the following considerations 'shall be presented or discussed: - 6 - 1. Indicate the percentage (or acreage) of plant communities and habitats to be removed or modified by the proposed development or reasonably anticipated to be removed. Discuss likely subsequent impacts for phased and staged devel opmont, even though not a part of the project under consideration. 2. Indicate quantitatively the anticipated loss of sensitive plant and animal populations or individualS. Also define, if possible, the local and regional $ignifiqance of this loss. 3. Identify other direct impacts that would result from project implementation. 4. Discuss and evaluate indirect impacts anticipated on- and off-site as a result of project implementation. 5. Discuss cumulative biological impacts including known or perceived losses for the region. I. ALTERNATIVES OR HETHODS TO REDUCE BIOLOGICAL I~4PACTS Discuss in detail any feasible mitigation measures which would reduce anticipated significant impacts to an insignificant level including, as necessary, design alternatives. Indicate which mitigating measures are being proposed by the applicant and which are not. If a formal project plan has not been established, then recommendations and planning considerations should be provided in this section. Specific design of reco~mnended mitigations should be indicated on at least one copy of the project map. Feasibility of the mitigating actions should be discussed. O. CERTIFICATION Provide the names and qualifications of those participating in the field work and in the report preparation. K. QUALIFICATIONS Persons preparing or responsible for biological technical reports should have the following qualifications: 1. Shou1 d have sufficient formal educational background in appropriate areas of study to understand local floral and faunal relationship. 2. Should have sufficient local field experience in identification of floral or fauna, particularly rare, endangered, and threatened species with some knowledge of their local and range-wide population status and trends. 3. Should have sufficient experience in habitat evaluation and predicting and quantifying environmental impacts. 4. Other qualifications as may be promulgated. - 1 - ATTACHMENT 1 RARE AND ENDANGERED PLANT VERIFICATION FORM 1. Scientific name of plant 2. Date ohs. Listing authority and status 3. Data collector Determined by 4. County State USGS Map* 5. Elev. (ft or m.) Lat. Long. 6. Township/range to nearest 1'/4 Sect. 7. Descrioe location from existing roads, structures, etc. 8. Slope (deg. or %), direction exposed 9. Soil type Geologic formation 10. Soil conoition 11. Estimated number and area covered by rare plants 12. Condition of plants: Flowering Fruiting Other 13. List dominant associated plants in decreasing order 14. If specimen collecteO, number and where deposited 15. Additional conm,ents 16. Project name and number (if any) and jurisdiction 17. show location on portion of USGMS Map and attach. -B- ATTACHMENT II BILOGICALLY SENSITIVE HABITATS IN SAN DIEGO COUNTY ) A. Fresh, brackish, and salt water marshes B. Estuary, lagoon, lake, or other body of standing water C. Riparian woodlands D. Oak and/or conifer woodlands (including juniper and cypress and Torrey Pines) E. Mountain meadows F. Known nesting, breeding, feeding and/or resting areas of rare, endangered, and threatened species G. Native grasslands H. Vernal pools I. Coastal strand - J. Grabbo-derived soil types and coastal marine sandstone derived oil types (which are known to support numerous 'rare plant species) K. Mountain peaks L. Coastal mixed chaparral occurring between Carlsbad and La Jolla M. Recognized Critical Habitats of endangered or threatened species as defined by the Endangered Species Act of 1973 N. Environmental resources of state-wide critical concern O. Other associates and types which, in the opinion of the field investigator, constitute a sensitive habitat -9- ATTACHMENT III ACCEPTABLE NAMING AUTHORITIES Vegetation Communities Barbour, M.G. and O. Mayor (eds.) 1977 Terrestial vegetation of California. Wiley Interscience, New York. lO02pp. Holland, V.L. 1977 Major plant communities of California. In: Native Plants, a viable option. S3n~p. Proc., Edited by R. Walters, [McLeod, A.G. Myer, D. Rible, R.O. Baker, and L. Farwell. Calif. Native Plant Soc., Spec. Publ. No. 3. Kuchler, A.W. 1977. The map of natural vegetation of California., pp.909-938, In: Terrestrial vegetation of California. Edited by M.G. Barbour and ~Mayor. John Wiley and Sons, New York. Munz, P.A. and D.D. Keck 1959 A. California flora. Univ. Calif. Press, Berkeley. 1681 pp. Munz, P.A. and D.D. Keck lg4g California plant communities. E1Aliso 2(1): 87-105 Munz, P.A. and D.D. Keck 1949 California plant communities. A suppliment. E1Aliso 2: 199-202. Thorne, R.F. 1976 The vascular plant communities of California., pp.l-31. In: Plant communities of Souther California. Symp. Proc. held May 4, 1~J74 at Fullerton, Calif. Edited by J. Latting~ Calif. Native Plant Soc., Spec. Publ. No. 2 Plants Munz, P.A. 1974 A flora of Southern California. Univ. Calif. Press, Berkeley, 1086 pp. Fishes American Fisheries Society 1960 A list of common and scientific names of fishes from the United States and Canada. Amer. Fish Soc., Spec. Publ. No. 2, 102 pp. Miller, D.j. and R.N. Lea 1972 Guide to the coastal marine fishes of California. Calif. Dept. Fish and Game Fish Bull. 157: 1-235. Moyle, P.B. 1977 Inl and fishes of Call fornia. Unlv. Call f. Press, Berkeley. -lO- Herptiles Stebbins, R.C. 1954 Amphibians and reptiles of Western North America. McGraw-Hill, New York. 536 pp. Zweifel, R.G. (ed.) Catalog of American amphibians and reptiles. Soc for Study of Amphib. and Rept. Periodic Series. Birds American Orntthologist's Union 1957 Checklist of North American birds. Fifth Edition. A.O.U., 691 pp. Eisenmann, E. 1976 Thirty-third supplement to the American Ornithologists' Union checklist of North American birds. Auk 93(4): 875-879. · 1973 Corrections and additions to the "Thirty-second supplement to the '~hecklist of North American Birds" Auk 90(4): 887. 1973 Thirty-second supplement to the American Ornithologists' Union '~hecklist of North American Birds. Auk 90(2): 411-419. Mammal s Bond, S.I. 1977 An annotated list of mammals of San Diego County, California. San Diego Soc. Nat. Htst., Trans. 18(14): 230-247 Hall, E.R. and K.R. Kelson 1959 Hammal s of North America. Ronald Press, New York. Jones, J.K., Jr., D.C. Carter, and H.H. Genoways 1975 Revised checklist of North American mammals north of Mexico. Texas Tech. Univ., Occ. Pap. No. 28:1-14, -ll - ATTACHMENT IV REFERENCES FOR SENSITIVE SPECIES (CITED FOR INFORr~ATIONAL PURPOSES ONLY) Botany Greenwalt, L.A. 1976 Proposed list of endangered and threatened plant species. Federal Regist. 41(117): 24524-24572. Powell, W.R. (ed.) 1974 Inventory of rare and endangered vascular plants of California. Calif. Native Plant Soc. Spec. Publ. No. l, 65pp. Smith, Cole & Sa~er 1980. Smith, lgB1. Ripley, D.S. 1974 Report on endangered and threatened plant species of the United States. Smithson. Instut., Report to Congress of the U.S., Dec. 1974 U.S.D.I. 1975 Threatened or endangered fauna or flora: Review of status of vascular plants and determination of "critical habitat". Fed. Regist. 40(127): 27828-27924. Invertebrates Greenwalt, L.A. 1975 United States butterflies: Review of status. Fed. Regist. 40(55): 126gl. Amphibians and Reptiles Ashton, R.E. (Comm. Chrm.) 1976 Endangered and threatened amphibians and reptiles in the United States. Soc. Study Amphib. and Reptiles, Herpet. Circular No. 5. Bury, R.B. 1971 Status report on Call fornia's threatened amphibians and reptiles. Calif, Dept, Fish and Game, Inland Fisheries Admin. Report No. 72-2: 31pp. Stewart, d. 1971 Rate, endangered, and depleted amphibians and reptiles in California. Herpetology 5(2): 2g-35. Birds Arbtb, R. 1977 The blue 11st for 1978 Amer. BIrds 31(6): 1087-1096. Tare 1980 Blue list for 1981. General Toptcs California Dept. Ftsh and Game 1976. At the crossroads 1976: A report on Callfornla's endangered and rare Ffsh and Wfldltfe Sacramento, 1 01 pp. Hood, L. (ed.) 1975 Znventory of California natural areas. Vol. 1. Callf. Nat. Areas. Coord. Counctl, Sonoma. WPC O091P SA:dl Acoustical Report Guidelines These guidelines are designed to help those who prepare acoustical reports for projects, which may result in or be subject to noise impacts in excess allowed by the City of Chula Vista Performance Standards or Noise Element of the General Plan. Because there are so many different combinations of noise sources and receivers (people impacted by those sources), it is virtually impossible to develop guidelines that cover all situations. Nevertheless, the guidelines should help bring some consistency to the way noise information is presented in environmental documents and offer suggested formats to contain basic information. 1. Goals Goals of the Acoustical Analysis Report and, indirectly, these guidelines are as follows: A. To promote an efficient presentation of information for adequate and effective envi tonmental review in meeting the requirements of CEQA. B. To increase the efficiency of the environmental review process, to prevent unnecessary time delays, to standardize surveys and reports, and to define the minimum information necessary. C. To provide the project applicant sufficient information in a timely manner to permit appropriate planning decisions prior to finalizing project designs. D. To identify areas of potential noise impacts and to develop necessary mitigation programs. E. To ensure that information collected in past projects can be used in evaluating future projects in similar circumstances. 2. Report Format and Content Types of acoustical reports and data presented may vary according to the types of projects involved. The following format is suggested for the typical acoustical report, which involves noise evaluation and development of a noise mitigation program. For some projects, involving only a lot split or similar application (tentative parcel maps, zoning permits, etc.), where precise noise mitigation program cannot be developed at the present stage of project design, some points listed below may be omitted. A. Cover Page Include a signature block of the principal investigators and the name of the project, including the initial study number. B. Summary of Findings Briefly state the results of the acoustical analysis, the acoustical conditions present and forecasted, the impacts anticipated, any feasible measures to reduce or eliminate these impacts, the compatibility of the project with the Noise Element of the City of Chula Vista General Plan, the performance standards {municipal code section 19.66.070} and any other applicable noise laws or ordinances. C. Introduction Briefly describe the proposed project, its size and location. Two scale maps should be included: One'showing the existing conditions in the project area.with'adjacent land uses, receptors, and noise sources identified, and the second map showing the future conditions (use a time span of no less than 15 years, unless the project's life span iS less) with the proposed project and proposed land uses, receptors, and noise sources identified. Physical characteristics of the property and vicinity must also be discussed (topographic characteristics, vegetation, commercial, residential or industrial uses, and other specific data related to noise impacts). D. Methods of Evaluation and Equipment This section or part should contain a description of the methods used for an acoustical analysis and evaluation of existing and forecasted acoustical conditions. Include reference to noise prediction models used (e.g., FHWA-RD-77-108, etc.). If corrections to a standard model are made or empirical modeling is used, discuss the procedure in detail. Identify the noise measurement equipment used for field testing by manufacturer, model, and serial number. Sources of information about existing and forecasted surface traffic characteristics, road design, airport noise contours, commercial or industrial activities, etc., shall be reported. E. Description of the Existing Noise Environment For a quantitative description of the existing noise environment, a noise survey should be carried out and the details included in the report. The survey is toestablish the existing ambient noise level and may then be used to evaluate compliance of the proposed project with applicable City standards. 1) The noise survey should encompass the proposed project area and must include any noise sensitive receptors, both near and far. The rationale for the selection of noise survey sites should be included in the report. 2) The survey should cover the time periods when the noise environment would be affected by the proposed project. 3) The survey should encompass enough data to be representative of the existing normal noise environment. The existing noise environment should be evaluated and the results should be summarized by providing a noise contour map or table showing the location of equal noise levels in 5 dB CNEL (or Ldn) steps, extending down to CNEL (Ldn) equal 60 dB. F. Future Acoustical Conditions The future noise environment for selected project alternatives shall be discussed. The scope of the analysis and the metrics used will depend upon the type of project (the project may result in noise impacts to surrounding noise sensitive areas, or noise sensitive areas wiTin the project may be impacted by noise from surrounding land uses), but as a minimum the following informa~T6~ must be given: l) Discussion of the type of noise sources and their proximity to potentially impacted areas. 2) Operations/activity data: a) Average daily level of activities (traffic volume, flights per day, etc.) b) Distribution of activities over day and night time periods, days of the week, and seasonal variations. c) Composition of noise sources (% of heavy trucks, machinery type, aircraft fleet mix, etc.). d) Any unusual characteristics of the sources (impulsivehess, tonality, etc.). 3. Future noise levels with and without the project shall be calculated and the results should be summarized by providing noise contour maps or tables showing the location of equal noise levels in 5 dB CNEL (or Ldn) steps, extending down to CNEL (Ldn) = 60 dB. -3- G. Impact Quantify anticipated changes in the noise environment by comparing information about the noise environment with and without the project. Evaluate the changes in light of applicable city standards. Identify direct impacts that would result from project · implementation. Discuss and evaluate indirect impacts anticipated on and off site as a result from project implementation. H. Mitigation Measures Discuss in detail any feasible mitigation measures which would reduce anticipated significant noise impacts to insignificant levels, and where practical, design alternatives. The effectiveness of the proposed noise mitigation measures shall be substantiated by corresponding acoustical calculations and/or field tests. If it is known, indicate which mitigating measures are being proposed by the applicant and which are not. Specific design of recommended mitigations should be indicated on at least one copy of the project map. Discuss any noise impacts that cannot be mitigated, and why mitigation is not feasible. Clearly identify the locations and number of people affected when mitigationis not feasible. I. Qualifications Persons preparing or responsible for acoustical technical reports should have the following qualifications: l) Sufficient formal educational background in appropriate technical areas of study (acoustical engineering, physics, etc.) to understand specific problems, related to noise reduction and control. 2) Sufficient local experience in identification of the noise sources, evaluation of noise impacts and an understanding of the City of Chula Vista noise regulations. WPC O090P DL ENVIRONMENTAL IMPACT REPORT Traffic Impact Section The traffic section of the EIR must discuss, but not be limited to the following topics: 1. Statement of the existing street system, traffic control devices and transit routes in vicinity of proposed development. 2. Trip Generation and Distribution - if specific land uses are not available, a range of trips generated is acceptable. a. trips generated in 24 hour period and during the peak hours (s) [identify hours(s)] b. inbound/outbound split (to development) during peak hours(s) c. trip distribution by direction (on existing and planned circulation system) d. a diagram is usually helpful to summarize traffic volumes 3o Traffic Impact on circulation system a. existing traffic volumes [24 hour and peakhours(s)'] on adjacent streets and at nearby intersections by direction b. capacity analysis of street and intersections. Compare the existing and future traffic volumes against the capacity. c. level of service of existing street and/or intersection d. level of service of street and/or intersection using future traffic data 4. Mitigating Measures a. any planned improvements to circulation system not related to project (by City, County, State, etc.) b. planned improvements to be accomplished in conjunction with the project (e.g. street widening, driveways, traffic control devices, etc.) c. potential for non-automobile use - transit, bicycles, etc. d. other NOTE: All data and procedures must be referenced, and all assumptions must be stated. October 21, 1982 To Mayor and City Council: 1. The Economic Development Committee of the Chula Vista Chamber of Commerce reviewed the proposed revisions to the Envi~nmental Review Procedures that will streamline the process and the Committee supports the suggested changes. In addition the Chamber of Commerce wishes to thank and compliment the City on its efforts to keep this process as short and as efficient as possible. 2. The Chamber of Commerce has two concerns that are not addressed in the current revisions: A. There should be more direct involvement of the project applicant in the selection of the consultant preparing an E.I.R. since the project applicant is underwriting the cost. This could be done by permitting the project applicant to eliminate unacceptable consultants prior to sending out the Requests. for Proposal. Another way this could.be handled would be by permitting the project applicant to select the consultant from those who have submitted proposals acceptable to the City. B. There should be a process when other parties receive benefit from an E.I.R. paid for by another applicant a reimbursement process would be available similar to a reimbursement agree- ment for a sewer or water line. ~hase, Chairman Economic Development Committee BC/lb ~ -"TEN CO ~,,~_,_,t c( LF'[CIL MEETING C .i~L.~ Fourth Ave.