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HomeMy WebLinkAboutAgenda Statement 1976/04/27 Item 13CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT ITEM N0. 13 FOR MEETING OF: 4/27/76 ITEM TITLE:Resolutior~G1~+2 -Supporting proposed amendments to the State EIR Guidelines SUBMITTED BY~ D. J. Peterson, Chairman, Environmental Review Committee ITEM EXPLANATION On February 26, 1976 the Environmental Control Commission recommended that the Council support the Association of Enviror~nental Professionals (AEP) proposed amendments to CEQA. The Council received the recommendation on March 23, 1976 and referred the matter to the Environmental Review Committee for a recommendation. Subsequently, the Secretary for Resources and the Director of the Office of Planning and Research of the State of California have proposed amendments to the State EIR Guidelines which would implement most of the AEP's proposals. The Environmental Review Committee has examined the Guideline amendments and found that they would generally streamline the environmental review process and cut down on the amount of paper work. The E.R.C. recommended support of the amendments with several exceptions as outlined in the attached report. tXHIBITS ATTACHED Agreement Resolution X Ordinance Plat Other X Environmental Document: Attached Submitted on STAFF RECOMMENDATION: Concur with Environmental Review Committee's recommendation. BOARD/ COMMISSION RECOMMENDATION: The Environmental Review Commiatee recomm n t a ~~}}e~,Cc}~ ncil support the EIR Guideline amendments with the exception of~~~a~ ~o~ii ~`i dfis outlined i n the attached report. by the Cii;~ Cc:.:~cil COUNCIL ACTION Cl1UiC~. `'d? ~~t;~., ~;z.1.:~OZ'113.2. Dated ~~-a 7'_,~ 5-75) / 3 Apri 1 21,, 1976 ~~ To: The Honorable Mayor and City Council Via: City Manager From: Environmental Review Committee, D. J. Peterson, Chairman Subject: Recommendation regarding proposed amendments to the State EIR Guidelines A. At a press conference held on March 17, 1976 by the Secretary for Resources and the Director of the State Office of Planning and Research, it was announced that hearings will be held May 4th and 7th on proposed revisions to the State EIR Guidelines (Cal. Admin. Code). These amendments are the result of in-depth studies conducted by both the Resources Agency and the Office of Planning and Research. Among the major amendments are the following: 1. A project proponent will not be permitted to contract directly with a consultant for the preparation of draft EIR's, rather, all payments to the consultant must be channeled through the lead agency and the draft EIR, when completed, must be submitted to the lead agency by the consultant. 2. The concept of the phased EIR is validated by the Guidelines. 3. The concept of an EIR focusing on only those issues which have a potential for significant effect is included in the amendments. 4. One provision clearly states that it is not necessary that a Registered Professional prepare EIR's, however, they may be required to prepare technical data. 5. The initial study (IS) process is given much more detailed attention; the content of an initial study is specified and a special format is appended to the Guidelines. 6. Examples of activities which may have a significant effect have been expanded and given more detail. 7. The content of negative declatations (ND's) has been expanded to include such information as mitigation measures which have been incorporated in the project to avoid potential significant impacts. An initial study can therefore be used as a tool to encourage the project proponent to modify his project or incorporate mitigation measures to avoid the preparation of an EIR. 8. It is noted that EIR's should be prepared when there is serious public controversy concerning the environmental effects of the project. 9. It is specified that EIR's not be prepared when the project's potential impacts are so indefinite and unpredictable that it could not be deter- mined if the project could have an adverse effect. 10. Specific methods for giving public notice of the availability of draft EIR's is provided. Honorable Mayor and City Council Proposed amendments to State EIR Guidelines page 2 11. A written statement of Overriding Considerations when an agency proposes to approve a project with substantial environmental effects, is mandated by one provision of the amendments. 12. Guidelines for the preparation of the energy conservation element of an EIR are provided in an appendix to the Guidelines. B. Many of these amendments are identical to the amendments to CEQA as proposed by the Association of Environmental Professionals. The Council referred a proposed recommendation from the Environmental Control Commission supporting the AEP's CEQA amendments to staff and the Environmental Review Committee for a recommendation. Because the Guideline amendments are so similar to the AEP's proposal and the Secretary for Resources is holding hearings prior to adopting revisions, it is now more appropriate to comment on the Guide line revisions rather than AEP's recommended revisions to CEQA. C. The proposed revisions, if adopted, will result in a more efficient environ- mental review process. The inclusion of mitigation measures in ND's will probably cause more projects to be processed with a ND rather than an EIR. Allowing EIR's to discuss only areas with possible significant impact will reduce the volume of EIR's. Chula Vista has been processing EIR's in this method for several months now. Attached is a section by section summary of the proposed revisions. D. There are several sections which Council should consider opposing. They are as follows: 1. Notice of Determination. Once the decision-making authority takes action on a project for which an EIR was prepared, a notice of determination is filed with the County Clerk. This change would require all mitigation measures incorporated into a project to be listed in the notice. The purpose of the notice of determination is to begin the statute of limitations period for a legal challenge in an EIR. The proposed amendment would change the notice into a "mini-EIR" which is inappropriate. 2. Cumulative Effect. The Guidelines redefine cumulative effect to include impacts from more than one project. This interpretation will be difficult to administer although this is not as serious a problem as would result from the AEP proposed defini- tion which includes past, present, and future projects. 3. EIR Preparation. Two alternative methods of preparing EIR's were included in the amendments to stimulate discussion. The first alternative would simply require the agency to prepare the EIR on all projects either directly or by contract. This is the precise wording from CEQA and would mean that the City would either prepare EIR's itself or by contract with costs paid by the applicant in either case. No draft EIR could be submitted by the proponent. The second proposal would allow the project proponent to have a draft EIR Honorable Mayor and City Council Proposed amendments to State ETR Guidelines page 3 submitted to the agency, however, this would be allowed only subject to various stringent requirements, including having all costs channeled through the agency to the consultant preparing the document. Discussions with the Finance Department indicate that the second alternative would require a rather complicated accounting system and the first alternative is preferable on the basis of staff time to handle the funds. The Environmental Review Committee therefore recommended the first alternative. E. RECOMMENDATION Adopt a resolution supporting the proposed State EIR Guideline revisions with the following qualifications: 1. The definition of cumulative effect (15023.5) and the content of a Notice of Determination (15085 h) should not be revised. 2. The second alternative for the preparation of an EIR (15061 b) should not be implemented. The first alternative is much more simple and satisfactory. PROPOSED REVISIONS TO STATE EIR GUIDELINES The following is a list of all the substantial changes proposed by the Office of Planning & Research and the Secretary of Resources, and a brief explanation of the purpose of the amendment. 15011.5 Additional Policies This is a list of the major policies the courts have found to be implicit in CEQA 15013 Time of Preparation Environmental documents would have to be prepared as soon as "feasible" vs, as soon as "possible". Agencies will have to encourage private project proponents to incorporate environmental considerations in project formulation. Environmental documents will have to be included in the regular project reports. 15023.5 Cumulative Impacts This definition is expanded to include small changes from a number of projects. 15037 (c) Project Greater distinction between a "project" and the "discretionary approval" is provided. 15040 Significant Effect This section is expanded to list the feature which if affected by a project, could have significant effect. 15060 General Rule An explanation of the limitation of the applicability of CEQA is provided. 15061 (b) EIR Preparation: Alternative 1 The draft EIR would have to be prepared by the agency either directly or by contract. 15061(b) EIR Preparation: Alternative 2 The draft EIR could be submitted by the applicant only if it were not prepared by the applicant or a consultant hired directly by the applicant and the following conditions are met: 1. The draft EIR is prepared by a consultant. 2. Payments•are channeled through the agency. 3. The agency provides guidence on the contents of the draft EIR. 4. The draft EIR is submitted directly to the agency. 15065 (b) Lead Agency Definitions of City's role in prezoning/annexation is provided. Guidence for a responsible agency when a lead agency does not comply with CEQA is provided. 15068.5 General Plan EIR & Subsequent Projects After the preparation of a General Plan EIR subsequent EIR's need only to refer to the General Plan EIR acid limit the analysis to areas not specific enough in the General Plan EIR. 15069 Multiple Projects 15069.5 References to phased projects are eliminated from this section. Phased EIR On long range "capital" projects involving several - discretionary approvals from genernmental agencies, --- the preparation of an EIR may be phased as she project definition becomes more specific. 15069.6 Lead Agency established by Statute 15070 (d) LAFCO Grandfather These amendments do not pertain to the City. 15075 Use of Registered Professional's in Preparation of EIR's The use of Registered Professionals is not required in - the preparation of EIR's. Any professional report used in the preparation of an EIR must be cited. 15080 Initial Study This section of the guidelines is proposed to be greatly expanded. The major sections are as follows: 1. The purposes of an Initial Study 2. The contents of an Initial Study 3. The uses for which an Initial Study may be used. 4. A specific "suggested" format for the submission of information. These revisions plus the appendices H & I are the heart of the directions proposed in these amendments. Special attention should be given them. 15081 (c) Examples of Significance Examples of changes which may have a significant effect are proposed to be expanded and placed in an appendix. 15083 (b) Negative Declaration A Negative Declaration will now include mitigation measures. 15084 Decision to Prepare an EIR Circumstances under which an EIR must be prepared has been given more detail. The specific example of public controversy requiring the preparation of an EIR has been included. 15085(d) Public Review Specific methods of providing public notice are included. The include: 1. Newspaper publication 2. Posting of project site 3. Direct mailing 4. PubJ.ic service announcements 15085 (h) Notice of Determination A notice of determination for a project for which an EIR has been prepared will now include a statement of the mitigation measures adopted by the agency. 15088 Statement of Overriding Considerations This statement would be mandatory and include reasons to support the approval action. 15116 Class 16 Exemptions Transfer of ownership to create a park, Note: various do not effect the City and are not discussed herein. 15117 Class 17 Open Space This Class would exempt the acceptance of open space easements. 15119-20 LAFCO Exemptions These amendments are regarding exemption in the processing of annexations. There is no chance in the current interpretation of the guidelines. 15140 EIR Contents A brief summary of the proposed action and its consequences would be required. Appendices are authorized and may be in separate volumes on file but available for public review. All documents used in the preparation of an EIR must be referenced. An interdisciplinary team preparation of EIR's is mandated. When an Initial Study has been used to focus an EIR, the IS shall be attached to the E_TR. 15143 (c) Mitigation This section of an EIR must distinguish between those mitigation measures which are included in the project and those which are not but which could be. 15143 (d) Alternatives An economic consideration in determining the feasibility of a project has been included. 15149 P,eference Documents may be incorporated by reference if they are briefly summarized and otherwise available for public review. 15150 Standards EIR must be adequate and complete, not perfect. Appendix F Energy Conservation Appendix G Significant Effects Appendix H Environmental Information Form ('YS application) Appendix ~I Environmental Checklist Form (Evaluation Form)