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Res 83-084RESOLUTION NO. 83-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, the City Council of the City of Poway recognizes the need to protect the community's natural and human environment; and WHEREAS, the California Environmental Quality Act has been passed as a method for local jurisdictions to identify significant, adverse environmental concerns; and WHEREAS, local jurisdictions are mandated to implement or adopt the California Environmental Quality Act Guidelines; and WHEREAS, the City of Poway has prepared Procedures to Implement the California Environmental Quality Act Guidelines in accordance with Section 15022 of the Guidelines. NOW, THEREFORE, the City Council of the City of Poway does resolve as follows: The City Council has reviewed the Procedures to Implement the California Environmental Quality Act and has determined that they are in conformance with the goals and objectives of the City General Plan; The Procedures to Implement the California Environmental Quality Act, attached as Exhibits, supercedes the City of Poway Environmental Handbook; 3. The Procedures to Implement the California Environmental Quality Act shall be used as guidelines for environmental review. PASSED, ADOPTED, AND APPROVED by the City council of the City of Poway, State of California, at a regular meeting thereof this 22nd day of November, 1983. ATTEST: ~jor~e K. ~ahlste'n,'City Cler~ CITY OF POWAY PROCEDURES TO IMP[-RMENT THE CALIFORNIA ENVIRONMENTAL 0UALITY ACT (CEOA) CITY OF POWAY DEPARTMENT OF PLANNING SERVICES NOVEMBER 1983 CITY OF PO~AY PROJECT STAFF BARRY K. HOGAN, DIRECTOR OF PLANNING SERVICES STEPHEN G. MCCUTCHAN, ASSOCIATE PLANNER PROJECT DIRECIOR SUSAN K. TEBO, ASSISTANT PLANNER PROJECT MANAGER AND PRINCIPAL AUTHOR JOAN SIGNORI, AIIMINISTRATIVE O.k-~RK II kl)RD PROCESSOR ILENE STORY, AI~INISTRATIVE O.k~K I kORD PROCESSOR TABI.i~. OF CONTENTS PP~FACE Rk~ATIONSHIP 20 THE CITY GENERAL PLAN SECTION ]: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: SECTION 8: ALri~ORITYAND SCOPE DEFINITIONS APPLICATION PROCEDURES EXEMPTION PROCESS INITIAL STUDY PROCEDURES NEGATIVE DECLARATION PROCEDURE ENVIROb~MENTAL IMPACT REPORT PROCEDURE NOTICES OF DETERMINATION PAGE 4 13 SECTION 9: MASTER EIR RELATIONSHIP TO ~ CI1'~ ~ PLAN ~he City of P~ay comprises an area that ha~ m~y natural resources such as the creeks and channels, r~yons, grassland areas, ~nd mountains. ~heae areas provide the City with rich, aesthetic visual resources that add to the City's rural character and support a signifi~mnt amount of pl~t and animal wildlife. ~he City General Plan includes goals, objectives, and policies to promote the protection and m~ag~nent of these resources principally within CHAPTER 3: RESOURCE MANAG~M~N~f. However, each General Plan chapter includes references to natural resource m~nagement. ~he purpose of these City Procedures to Implement the California Fnviru~ental Quality Act (CH~A) is to insure proper analysis, review, and mitigation of significant City resources consistent with both the State legislation and City policies. ]herefore, in the course of the review procedure initiated within these guidelines it is important to consider General Plan policies in determining potential impacts and mitigation measures. SECTION' !: --AUTHORITY AND SCOPE ,5. Authority ~hese procedures are adopted pursuant to the California Environmental Quality Act of 1970, specifically Division 13, Section 2~032 of the Public Resources Code, hereinafter referred to as "CEQA." They are consistent with, and intended to supplement, the Guidelines for Implementation of the California F~vironmental Quality Act of ~ 970 as ~mended August 1, ] 983 by the Secretary of the Resources Agency (Division 6, Title 14, Section 15000 et. seq. of the California Administrative Code) hereinafter referred to as the "~uidelines." Said Guidelines are hereby incorporated by reference herein, and a copy of said Guidelines is on file in the Depa~L,,,ent of Planning Services. procedures shall apply' to the City of Pc~ay and all depaztments and districts governed by the City Council of the City of Poway. Ravision ~he Director of Planning Services may, f~om time to time, promulgate revisions to these procedures when he determines (1) that such revisions are necessitated by amendments to CEQA or the Guidelines, (2) that such revisions are consistent with the policies, goals, and objectives of the City of Pc~ay as enunciated by the City Council, and (3) that such revisions are essentially technical and conforming in their nature and, thus, do not require processing through normal amendatory proceedings of the City. All other revisions of these procedures shall be approved by Resolution of the City Council. Proposed revisions shall be forwarded 'to the City Council in the form of an Agenda Report for their consideration. Time Periods Envir~,,,,ental Impact Reports and Negative Declarations required for projects subject to CEQA shall be prepared purm~nt to the time periods set forth in Appendix A, incorporated herein by reference. Ministerial Projects A ministerial project involves a gove~,,,ental decision involving little or no personal judgment by the public official as to the wisdom or manner of caL£ying out the project. ~he public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective m~.~urements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be ca~ied out. e~,,,ples of ministerial permits include the issuance of business registrations, dog licenses, and final subdivision m~ps. Ministerial Projects--Section 15268 is supplemented as follows: ~he following City actions are hereby deemed to be ministerial in nature: a. Ismmnce of building and construction related permits. b. Ism~nce of tmminess registrations. c. Approval of final subdivision m~ps. d. AppLo~al of individual utility service connections and disconnections. e. Development review for projects consistent with the General Plan, previous approvals, and where an EIR or Negative Declaration b~.~ been prepared during an earlier stage of the approval, except where previous project approvals have indicated a need for specific environmental review at the site plan level. f. Tmndscape plan checking. g. Corrections to approved tract and parcel romps. h. Sign permits. SECTION ~: DEF'JwITIONS ~l~e following definitions are intended to clarify and supplement, but not to replace or negate the definitions contained in Article 20 of the Guidelines. In the event of inconsistency, the Guideline definitions shall control. City City m~ns the City of P~ay acting by and through its officers and depaL tments. City Council City Council means the City Council of the City of Poway. County Clerk County Clerk is the County Clerk of the County of San Diego. Ail filings and other duties of the County Clerk as set forth in these procedures shall be performed by the Clerk of the San Diego Board of Supervisors. Decision-Making Body Any person or group of people within the City of Poway permitted by law to approve or disapprove the project at issue. Director Director means Director of Planning Services of the City of P~ay or his designee. SEC"~ION- 3: APPLICATION 3ol o 3.2. 3o3o 3.5. Applicability /hese application procedures apply to all projects, except ministerial as defined by Guidelines Section 15268 and supplemented by Section 1.5 of these procedures. Preliminary CM~A Evaluation Prior to the departmental processing of a project, a determination re,st be made that the project is subject to the provisions of CEQA. The City of P~ay requires that the appli~mnt prepare a Preliminary Uniform Application to provide staff with initial information to cc~plete the CEQA status review. Staff will respond to the applicant within ten working days of submittal with a determination of status. Application P~quirements A. Minim~Requirements. A preliminaryUniformApplication form c~pleted by the applicant shall constitute application under CEQA for all discretionary prejects. Be Additional Information. Additional information may be requested by the Director to aid in the envirc~..ental evaluation process. The requested information should be submitted as soon as possible after the information is requested. Until the requested information is submitted, the determination process will cease. Determinin8 if Applications are C~?lete In accordance with Guidelines Section 15060 the Director shall, within 30 calendar days of Final application submittal, review the document and determine if it is properly completed, and whether all supple- mental doctmmmntation, if any, has been provided. Ae Where the Director determines the application incomplete, he shall, within 30 days, notify the applicant in writing specifying the areas which were found inc~,,plete and what information is needed to cu.plete the application. Be Where the Director finds the submittal c~plete, the applicant shall be informed in writing. Notification of a cu.plete application is also required for applications where additional information had been requested under Section 3.3.B., or where the application was previously found inc~.plete. C. Projects shall be deemed received for filing on the date which an application is received as accepted as c~,¥1ete by the Director. 4 SECTION 4: ~4PTION PROCESS Activities which have been found by the California Secretary for Resources not to have a significant effect on the environment are coL¥~only called ex~,~tions. ~he pre-established categories of ex~nptions preclude the lead agency from reviewing the project for environmental review. 4.1. ~he following activities h~ve been determined to be exempt from the provisions of CEQA as found in the following Guidelines sections: A. Categorical Ex~.ptions - Article 19 and ex~ption classes of Appendix B. B. Ongoing Projects - Section 15261. C. Emergency Projects - Section 15269 and the recomnendation of the Director of Public Services. D. Feasibility and Planning Studies - Section ]5262. E. Projects which are disapproved - Section 15270. F. Early activities related to thermal power plants - Section 15271. G. Rates, Tolls, Fares, and Charges - Section ]5273. H. Responses to Revenue Shortfalls - Section ]5274. I. Ministerial Projects - Section ]5268. 4.2. Completing the Exemption Form After finding a project ex~¥t, the City Clerk shall co,¥1ete the Environmental Ex~¥tion form. 4.3. Public Notice ~e City Clerk shall forward the ex~ption fora to the County Clerk. SECTION 5: INITIAL STUDY PROCEDURES An Initial Study is a preliminary analysis prepared by the lead agency to (1) detemine whether an EIR or a negative declaration should be prepared or (2) to identify the significant environmental effects to be analyzed in an EIR. %he Initial Study also enables the applicant or lead agency to modify a project, mitigating adverse impacts prior to the preparation of an EIR, thereby enabling the project to qualify for a negative declaration. Application of the Initial Study %his section applies to projects subject to CEQA for which the City of Poway is the lead agency and for which adequate environmental docunents in cuupliance with CEQA have not previously been c~,pleted. Exhibit C, the Environmental Assessment form, shall be completed by the applicant and submitted subsequent to the application being detemined c~¥1ete by the Director. Exhibit C will constitute the applicant's project description as required in Guidelines Section 15063(f). B. The Director shall cuuplete Exhibit D, the Environmental Checklist form, constituting the City's review of the project. 5.2. Consultation At the earliest stages of the Initial Study, the Director shall consult with all responsible and trustee agencies, as required by Section 15063(g) and Section 15086(2) of the Guidelines· For most projects, this consultation can be satisfied by a telephone call to the appropriate member of the agency's staff. %he coL~,uents of the responsible agency shall be reflected in the Initial Study· 5.3. Evaluating Projects A. %he Planning Services staff shall evaluate projects for their effect on the environment. For projects with previous enviroL.nental documents, the analysis shall focus upon the criteria contained in Guidelines Section ]5]62, 1518], or ]5168 as appropriate. For projects with no previous environmental documents, or documents found to be inadequate under 5.3.A.1 above, the analysis shall focus on the identification of significant effects according to Guidelines Section 15064 and 15065. B. Upon cunpletion of the Initial Study, the Director shall transmit his recu~lnendation to the City Council. The City Council, on the basis of the environmental analysis, and other data contained in the Initial Study, shall make one of the following preliminary determinations no later than 45 days after accepting an application as complete, and proceed with the appropriate processing: %hat the proposed project could not have a significant effect on the environment. e That, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case as a result of mitigation measures added to the project. That, pursuant to Guidelines Section 15162, 1518], and ]5168, an environmental document bm~ previously been prepared and no additional document need be prepared. 0 That, pursuant to Section 15~62, 15~81, and 15~68 of the Guidelines, an EIR has already been prepared and only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the modified situation. 5. That the proposed project may have a significant effect on the environment. SECTION 6: ~TIVEDECLARATION PROCEDURE A Negative Declaration is a written statement by the lead agency briefly describing the reasons that a proposed project, that is not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an EIR. The decision to prepare a Negative Declaration is a result of the initial study demonstrating that there is no substantial evidence that the project may have a significant effect on the environment. The Initial Study also may identify potentially significant effects, but revisions in the project plans or proposals made or agreed to by the applicant prior to the negative declaration being released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur° 6ol o 6.2° 6,3, Preparation of the Negative Declaration This section applies to all projects for which a Negative Declaration is prepared purs,~mnt to Section 5 of these procedures and Guidelines Section ]5070. Public Review and Notice After preparation of the Negative Declaration, public notice of the docunent shall be advertised in a newspaper of general circulation ten (] 0) days prior the scheduled public hearing. Such notice shall contain the following: A. A brief description of the project, including its location. A statement that a Negative Declaration has been prepared for the project and is available for public inspection and comnent, giving the place or person to contact for such inspection or Coiiiil~lt, C. ~he date on which the period for public review and co..~ent expires. The Director shall also send notice to any person or organization that has previously requested such notice per Guidelines Section 15072(a) (1). The Director shall maintain the Negative Declaration and Initial Study available for public inspection and c~ent for the period of public review. He shall encourage any person desiring to comment to do so in writing; but in the event such person declines to do so, he shall himself s~,,.arize such person's co~ents in writing. He shall maintain written c~,,~ents together with his own reco.,~ended responses to such co~m~ents, if any, and forward them to the decision-making body with the Negative Declaration. The Director shall also ensure that copies of the Negative Declaration are submitted to State and Regional Clearinghouses when so required by Section ]5073(c). Public H~arings If the project is one for which a public hearing is required prior to any action being taken to approve or disapprove the project, such hearing shall include the issues of whether the project could have a significant effect on the enviro~.~ent and the adequacy of mitigation measures to avoid any such effect. Even if a public hearing is not so required, the decision-making body may elect to hold a public hearing on such issues if it determines that it would facilitate the purposes of CEQA and the Guidelines to do so. 6.4. Findings by the Decision-Making Body After the public hearing, if any, and prior to taking action to approve or disapprove the project, the decision-making body may take any of the following actions: Finding no significant impacts to the environment as a result of the proposed project, a Negative Declaration for the project shall be issued. Finding that additional mitigation measures must be added to the project in order to support a Negative Declaration; in which case further action on the project shall be continued until such time as the project is revised to include such mitigation measures. Finding that the project could have a significant effect on the enviro~ent, notwithstanding any mitigation measures; in which case further action on the project shall be continued until such time as an EIR is prepared. ~KCTIO8 7: KNq/IRO~ IlqPAC'T R~PORT PROGEDIIRE An Enviro~.~ental Impact Report (EIR) is a detailed statement prepared under CEQA describing and analyzing the significant enviro~,,~ental effects of a project and discussing ways to mitigate or avoid the effects. An EIR is prepared for a project if the lead agency determines that there is substantial evidence that any aspect of the project, either individually or cunulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial. 7.1 o Determination that an EIR is Required After reviewing the Initial Study and the rec~,endation of the Director, the City Council may determine that an EIR is required. If this determination is made, a public hearing shall be scheduled to obtain public c~m,ent prior to preparation of the EIR and to define the scope and content of the environmental docunent. A notice of "Intent to Prepare an EIR" shall be placed in a newspaper of general circulation, and such notification shall be sent to property owners within a 500 foot radius of the project site prior to the public hearing. 7.2. Notice of Preparation Tmmediately after the City Council decision that an enviroL~ental impact report is required for a project, the Director shall send to each responsible agency by certified m~il as per Section 15082(3), a Notice of Preparation stating that an EIR will be prepared. 7.3. Selection of a Consultant After determination of the scope and content of the EIR, the Director shall prepare a "Request-for-Proposal" (RFP) cn the project to be sent to qualified environmental consultants. /he consultant is selected by the City and will be under contract directly to the City to prepare the EIR. Neither the appli~mnt nor consultants affiliated with the applic~nt m~y be selected to prepare the report. Once the consultant's proposals are received, the proposals are reviewed and a final selection is made by the Director. /he Director shall m~ntain a list of qualified envi£~,mental consultants. Enviro~emtal consultants receiving RFP's shall be chosen based upon the Director's determination of the ability of the consultants on the list to perform the work required in a cost-efficient and timely manner. /he Director shall utilize direct past experience with the consultant, a review of recent work perform directly by the consultant, and the opinions of other unbiased professional planners to ascertain whether a consultant is qualified to receive a RFP. /he selection of a consultant does not constitute a contract to retain the consultant in and of itself. A contract between the City and the consultant shall be prepared as instructed in Section 7.4. 7.4. Contract and Cu~pensation A contract shall be prepared by the Director centaining the scope of work for the EIR and the terms of the agreement. contract shall be signed by the City Mmnager of the City of Poway or his designee, attested by the Director, end signed by a representative of the consultant having the vested authority to execute contracts. 1he applicant shall deposit with the Director the amount agreed upon between the City and consultant and a City fee equal to 20% of the actual cost of the EIR, up to a mmxim%~ of $2,000.00 within ten working days of receipt of notice that an EIR is required. Failure by the appli~mnt to deposit the amount within 45 days shall be considered an aband~ent of the project by the appliomnt, and the project should be formally withdrawn by the Director. l0 7,5. 7,6, Payments to the consultant selected shall be delineated in the contract. Compensation to the consultant should be paid as specific work phases are coL~¥1eted. If requested, a retainer of no more than 20% of the total amount may be paid to the consultant at the time the contract is executed. EIR Content and Format Ail EIR docunents prepared for the City shall be in compliance with Article 9 of the Guidelines. However, in the absence of direction in the Guidelines regarding format in particular, the following criteria shall be followed: Ae ~he Executive S~ary should be prepared in a matrix format illustrating subject headings, existing conditions, potential impacts, and mitigation measures in a clear format. ~he discussions of the existing setting, potential impacts, and mitigation measures shall be discussed together under each subject heading (i.e. Biological Resources, Trend Use, Flooding). C. Graphics should be clear and concise, be drawn to a round figure scale (i.e. l" -- 2,000'), and include a north arrow. D. Discussions of flooding and drainage should utilize figures representing 100-year flows. Discussions of public services and utilities should include water, sewer, solid waste, police, fire, schools, recreation, medical, telephone, natural gas, electric, and cable television. F. Ail documents prepared in support of the EIR shall be incorporated into a separate-bound Technical Appendix. Distribution and Review Upon completion of a Draft EIR, the Director shall take the following actions: A. Send a Notice of Completion to the Secretary of Resources. B. Deliver a Copy of the Draft EIR to the City Clerk's Office and the Poway Public Library. C. Notify any individuals or organizations whohave previously requested Notice of Om~pletien of the Draft EIR. 7o7o 7.8. Publish the Notice of Completion in a newspaper of general circulation. Such notice shall briefly describe the project, including its location, and shall state that a Draft EIR has been prepared and is available for public inspection and conment, giving the place or person to contact for such inspection and c~ent. The notice shall also give the date of expiration of the period for public review. Notice shall also be sent to property owners within a 500 foot radius ofthe project site prior to the required public hearing. Forward copies of the Draft EIR for review and co~,,~ent to other public agencies having jurisdiction by law, to persons having special expertise with respect to any environmental impact involved, and to the State Clearinghouse where appropriate as provided in Guidelines Section 15206. Completion of Final EIR All cu~ents on the Draft EIR shall be submitted to the Director and forwarded to the consultant who will be responsible for responding to these cot~uents. Ail cumtents and responses will become an addendun to the Draft EIR. Action by the Decision-Making Body Prior to taking any action to approve or disapprove a project, the decision-making body shall certify that it has reviewed and considered the information contained in the EIR and that it approves the responses to public com~ents set forth in the EIR. Prior to taking any action to approve or disapprove the project, the decision- making body may remand the Final EIR to the Director for revision or supplementation if it determines that the Final EIR, as submitted, fails to comply with the requirements of CEQA and the Guidelines or if the decision-making body disapproves of the responses to public cu~,~ents set forth in the EIR. No project shall be approved by the decision-making body until one of the following written findings is made: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects thereof as identified in the Final EIR. Such changes or altematives are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. 12 Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The findings shall be supported by substantial evidence in the record. In addition, where the decision of the decision-making body allows the occurence of significant effects identified in the Final EIR without mitigation, the decision-making body must state in writing the reasons to support its action based on the Final EIR and other information in the record. %he Statement of Overriding Considerations should be included in the record of the project approval and should be mentioned in the Notice of Determination for the project. SECTION 8: NOTICES OF DEI'ERI4INATION 8.2, 8.3. At~lication This part applies to all projects for which an EIR or Negative Declaration is c~L~pletedand for whichthe City of Poway is lead agency and which are approved by the decision-making body. Filing of Notice The City Clerk shall file a notice of determination with the County Clerk after the approval of any project by the decision-making body. Whenever a State agency also has approval authority over the project, the City Clerk shall also file a Notice of Determination with the Secretary for Resources. Effect of Filing The filing of the Notice of Determination co~¥1etes the formal environmental review process and starts a 30-day statute of limitations on legal challenges to the approval under CEQA. 13 SECTION-9:--MAaTE~'ETR 9.] o 9.2. 9,3. 9.4. Application /he Final EIR of the Comprehensive Plan (certified September 20, 1983 by City Council Resolution 83-067) shall be considered as a Master EIR under the provisions of Guidelines Section 15169. /he Master EIR shall be used to review all projects and, furthermore, may be used as the basis for subsequent EIR docunents where appropriate. Preparation of Initial Studies /he Master EIR should be referenced in the preparation of initial studies. Sections of the Master EIR may be incorporated by reference cu the Initial Study fora to elaborate where necessary. Supplemental Specific Studies Where the Master EIR addresses a project proposal in general sense and specific information is considered necessary to adequately address impacts and recu,,,end mitigation measures, the use of supplemental specific studies is ~ncouzmged. ' /he studies should be used in lieu of an additional EIR wherever possible. /he studies should be filed with the Master EIR for future reference. Rmsidential Projects Consistent with the City General Plan and Zonin~ Development Code mo In conformance with Guidelines Section 15.183, the Director shall limit the review of residential projects consistent with the City General Plan and Zoning Development Code to effects which: - are peculiar to the project or the parcel on which the project is located, alth(~gh the effect may occur on or off the project site, and - were not analyzed as significant effects in the prior EIR on the P~ay Comprehensive Plan. Where significant effects are found consistent with the above Section 9.4.A, the use of a Supplement EIR to the P~ay Comprehensive Plan Final EIR (certified by City Council on September 20, 1983 by R~solution No. 83-067) shall be encouraged. /he following criteria consistent with Guidelines Section 15163 shall be considered when preparing the Supplement EIR: 14 (1) The Supplement EIR need contain only the information necessary to make the Pc~ay Comprehensive Plan Final EIR for the project proposed as determined by the City Council; (2) (3) The Supplement EIR shall be given the same kind of notice and public review as referred to in Section 7.6.; and The Supplement EIR may be circulated by itself without recirculating the P~way Comprehensive Plan Final EIR. 15 A. TIME PERIODS B. CATEGORICAL EXEMPTIONS APPEND ICF_.,S A. NOTICE OF COMPASS FORM B. NOTICE OF EXEMPTION C. EIYVIRO~ INFORMATION FORM D. ENVIRONMENTAL CHECKLIST E. NOTICE OF NEGATIVE DECLARATION F. NOTICE OF PREPARATION G. a. NOTICE OF COI~R~LETION (STATE) b. NOTICE OF COMPLETION (~) H. NOTICE OF DETERMINATION APPENDICES APPENDIX A TIME PERIODS The time periods set forth in the appendix apply to the completion of environmental impact reports and negative declarations on private projects for which the City of Poway has approval authority as the lead agency for the project. 1he maxims set forth herein are subject to reasonable extension by the Planning Services Director in the event that unforeseen circunstances justify the additional time, and the project applicant consents to the extensions. A. Application for Cui,pleteness: The completeness of an application shall be determined within 30 days from receipt of the application. B. Initial Study: An initial study shall be c~L¥1eted within 45 days after accepting an application as c~plete. Preparation of Negative Declaration: A negative declaration shall be completed and ready for approval within 105 days from the date when the lead agency accepted the application as complete. Notice of Intent to Prepare a Draft EIR: Upon c~pletion of an initial study and prior to the preparation of a draft EIR, the Planning Services Director shall send to each responsible agency, by certified mail, a notice of preparation stating that an environmental impact report will be prepared. A 45-day response period to the notice of preparation is herein established. E. Completion and Certification of EIR: /he final EIR shall be completed and certified within one year after the date when the application was accepted as cuuplete. F. Public Review: l) The period for public inspection and cu~ent on negative declarations shall be ten (~ 0) days, beginning with the date following publication of the notice of preparation of the negative declarat ion. 2) The period for public review of draft EIR's shall be 45 days, beginning with the date following publication of the notice of preparation of the draft EIR. If a public hearing is set for the Draft EIR and the date set for such hearing is beyond the 45 day public review period, the period of public review is thereby extended to include such hearing date; provided, however, hearings shall not be scheduled or continued so as to exceed a maximum period of 90 days from the date following publication of the notice of preparation of the draft EIR. APPENDIX B CATEGORICALI-Y F.~fPT ACTIVITES In accordance with the G~idelines, the following classes of projects have been determined not to have a significant effect on the environment and shall, therefore, be exa~',pt from the provisions of CEQA: Ao Activities to be undertaken by private persons or organizations or other public agencies subject to the approval of the City of Poway which may be eligible for categorical ex~¥tion under one or more of the following categories: Class Class Class Class Class Class Class Class Class Class 1 - Existing Facilities (Section 15301) 2 - Replacement or Reconstructien (Section 15302) 3 - New Construction or Conversion of Small Structures (Section 15303) 4 - Minor Alterations to Land (Section 15304) 5 - Minor Alterations in ~mnd Use Limitations (Section 15305) 9 - Inspections (Section 15309) 11 - Accessory Structures (Section 15311) 14 - Minor Additions to Schools (Section 15314) 23 - Normal0perations of Facilities for Public Gatherings (Section 15323) 27 - Leasing New Facilities (Section 15327) Public works and other construction activities to be undertaken by or on behalf of the City of Poway may be eligible for categorical exemption under one or more of the following categories: Class 1 - Class 2 - Class 3 - Class 4 - Class 1] - Existing Facilities (Section 15301) Replacement or Reconstruction (Section 15302) New Construction or Conversion of Small Structures (Section 15303) Minor Alterations to T~nd (Section 15304) Accessory Structures (Section ]5311) Activities by the City of Powaypertaining to the acquisition or disposition of interests in real property by the City may be eligible for categorical exemption under one or more of the following categories: Class l0 - Loans (Section 15310) Class 12 - Surplus Gove£~m~ent Property Sales (Section 15312) Class 13 - Acquisition of Imnds for Wildlife Conservation Purposes (Section 15313) Class ] 6 - Transfer of Ownership of Land in Order to Create Parks (Section 15316) Class 17 - Open Space Contracts or Easements (Section 15317) Class 26 - Acquisition of Housing for Housing Assistance Programs (Section ] 5326) D. Activities by the City of P(~ay undertaken for the purposes of promoting or protecting environmental quality may be eligible for categorical exemption under ene or more of the following categories: Class 6 - Information Collection (Section 15306) Class 7 - Actions by Regulatory Agencies for Protection of Natural Resources (Section 15307) Class 8 - Actions By Regulatory Agencies for Protection of the Environment (Section 15308) Class 13 - Acquisition of lmnds for Wildlife Conservation Purposes (Section 15313) Class 16 - Transfer of Ownership in Lands in Order to Create Parks Class 17 - Open Space Contracts or Easements (Section 153] 7) Class ]8- Designation of Wilderness Areas (Section ]5318) Class 25 - Transfers of Ownership of Interest in Land to Preserve Open Space (Section ]5325) E. Jurisdictional changes involving action by the City of Pc~ay or other public agencies may be eligible for categorical exemption under one or more of the following categories: Class 19 - Annexations of Existing Facilities and Lots for Ex..pt Facilities (Section 15319) Class 20 - Changes in Organization of Local Agencies (Sectiom 15320) Class 22 - Educational or Training Programs Involving No Physical Changes (Section ] 5322) F. Activities undertaken by the City of Poway involving the ascertainment of facts for purposes of determining c~liance with regulatory standards or for general background information may be categorically exempt under one or more of the following categories: Ge Class 6 - Information Collection (Section 15306) Class 9 - Inspections (Section 15309) Class 24 - Regulations of Working Conditions (Section 15324) Activities undertaken by the City of Poway to enforce or revoke a lease, permit, license, certificate, or enforcement of a law, general rule, standard or objective, administered or adopted by the City may be categorically exe~pt under the follc~ring category: Class 21 - Enforcement Actions by Regulatory Agencies (Section 15321) H. Activities undertaken by the City of Poway involving installation of emergy-related equipment at existing facilities: Class 28 - Small Hydroelectric Projects at Existing Facilities (Section 15328) Class 29 - Cogeneration Projects at Existing Facilities (Section 15329) E~HIBITS LINDA ORAVEC, Mayor BRUCE TARZY, Deputy Mayor CARL KRUSE, Councilmember BOB EMERY, Councilmember MARY SHEPARDSON, Councilmember CITY OF POWAY E~HIBIT A Date: File No. Dear Applicant: The City of Poway Planning Services Depar~ent has received your applica- tion for a and has determined your submittal as complete. The following additional material is requested in order to proceed with your application: A tentative City Council date has been set for to hear the item. If you have any questions regarding this notice, please contact at 748-6600 or 695-1400. Sincerely, Barry K. Hogan Director of Planning Services City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 785, Po~va¥, California q2064 · {619) 748-6600, {610) 605-1400 LINDA ORAVEC, Mayor BRUCE TARZY, Deputy Mayor CARL KRUSE, Councilmember BOB EMERY, Councilmember MARY SHEPARDSON, Councilmember ITY OF POWAY E~HIBI? B NOTICE OF EXD4FrION County Clerk P. O. Box 128 San Diego, CA 92112 Project Title Project Location/Address Project Description Pursuant to the procedures of the City of Poway, implementing the California Environmental Quality A~t of 1970, the above-referenced project is exempt from the requirements for the submittal of an environmental impact report or the preparation of a negative declaration. Determination of Ex~nption is as follows: ~nisterial (Section 15073) Declared Emergency (Section 15071(a)) Emergency Project (Section 15071(b.c)) Categorical Ex~nption, Class Reason ~eny Project is Exempt: Contact Person: Phone: (619) 748-6600 Approved By: Date: City Hall Located at 13325 Civic Center Drive / Mailing Address: P.O. Box 785, Powa¥, California 92064 · {619) 74.8-6600, (619) 6t~5-1400 E~IIBIT C ENVIRONNENTAL INFORNATION FORH (To Be Completed By Applicant) Date Filed General Information 1. Name and address of developer or project sponsor: me Address of project: Assessor's Block and Lot Number: Name, address, and telephone number of person to be contacted concerning this project: me Indicate nunber of ~he permit application for the project to which ~his form pertains: List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state, and federal agencies: 6. Existing zoning district: 7. Proposed use of site (Project for which this form is filed): Project Description 8. Site size. 9. Square footage. 10. Number of floors of construction. Amount of off-street parking provided. 12. Attach plans. 13. Proposed scheduling. 14. Associated project. 15. Anticipated incremental development. 16. If residential, include the number of units, schedule of unit size, range of sale prices or rents, and type of household size expected. ]7. If co~ercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. ]8. If industrial, indicate type, estimated ~ployment per shift, and loading facilities. ]9. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and c~,,m~nity benefits to be derived from the project. 20. If the project involves a variance, conditional use, or rezoning applica- tion, state this and indicate clearly why the application is required. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). Yes No 2]. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. 22. Change in scenic views or vistas from existing residential areas or public lands or roads. 23. Change in pattern, scale, or character of general area of proj- ect. 24. Significant amounts of solid waste or litter. 25. Change in dust, ash, smoke, fumes, or odors in vicinity. 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage pattems. 27. Substantial change in existing noise or vibration levels in the vicinity. 28. Site on filled land or on slope of l0 percent or more. 29. Use of disposal of potentially hazardous materials, such as toxic substances, fl~,ables, or explosives. 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 3]. Substantial increase fossil fuel consu~,~tion (electricity, oil, natural gas, etc.). 32. Relationship to a larger project or series of projects. Environmental Setting 33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted. 34. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, cumiiercial, etc.), intensity of land use (single-family, multi-family, shops, depa~lient stores, etc.), and scale of development (height, frontage, setbacks, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature For EXNIB IT D CITY OF POWAY PART II - INITIAL STUDY ENV IRONMF. NTAL CHECKLIST F~I~ DA~: I. ENVIRONMENTAL IMPACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets.) Soils and Geology. Will the proposal have significant impacts in: a. Unstable ground conditions or in changes in geologic relationships? b. Disruptions, displacements, c~,¥action, or burial of the soil? c. Change in topography or ground surface contour intervals? d. ~he destruction, covering, or modification of any unique geologic or physical features? Any potential increase in wind or water erosion of soils, affecting either on- or off- site conditions? f. Onanges in erosion, siltation, or deposition? ge Exposure of people or property to geologic hazards such as earthq, mkes, landslides, mud- slides, ground failure, or similar hazards? Hydrology. Will the proposal have significant impacts in: ae Changes in currents, or the course in direction of flowing streams, rivers, or ephemeral stream channels? bo Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood war ers ? d. Change in the amount of surface water in any body of water? e. Discharge into surface waters, or any altera- tion of surface water quality? f. Alteration of groundwater characteristics? ge Change in the quantity of groundwaters, either through direct additions or with- drawals, or through interference with an aquifer? Quality? Quantity? h. ~he reduction in the amount of water other- wise available for public water supplies? i. Exposure of people or property to water- related hazards such as flooding or seiches? Air Quality. Will the proposal have significant impacts in: ae Constant or periodic air emissions from mobile or indirect sources? Stationary sources? be Deterioration of ambient air quality and/or interference with the attainment of appli- cable air quality standards? Alteration of local or regional climatic conditions, affecting air movement moisture or t~perature? YES MAYBE NO Flora. Will the proposal have significant results in: Change in the chmracteristics of species, including diversity, distribution, or number of any species of plants? b. Reduction of the numbers ofanyunique, rare, or endangered species of plants? c. Introduction of new or disruptive species of plants into anarea? d. Reduction in the potential for agricultural production? YES MAYBE NO Fauna. Will the proposal have significant results in: Change in the characteristics of species, including diversity, distribution, or numbers of any species of animals? b. Reduction of the numbers of any unique, rare, or endangered species of animals? Ce Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration or removal of existing fish or wildlife habitat? Population. [Will the proposal] have significant results in: [Will the proposal] alter the location, distri- bution, density, diversity, or growth rate of the human population of an area? b. [Will the proposal] affect existing housing, or create a demand for additional housing? Ye e 0 Socio-Economic Factors. Will the proposal have significant results i~: Change in local or regional socio-economic characteristics, including economic or c~Lt~ercial diversity, tax rate, and property values? be Will project costs be equitably distributed among project beneficiaries, i.e., buyers, taxpayers, or project users? T~nd Use and Plannin8 Considerations. Will the proposal have significant results in: ao A substantial alteration of the present or planned land use of an area? A conflict with any designations, objectives, policies, or adopted plans of any governmental entities? An impact upon the quality or quantity of existing cons~lytive or non-consumptive recreational opportunities? Transportation. Will the proposal have significant results in: a. Generation of substantial additional vehicular movement? b. Effects on existing streets, or demand for new street construction? Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transpor- tation systems? Alterations to present pattems of circula- tion or movement of people and/or goods? Alterations to or effects on present and potential water-bome, rail, mass transit, or air traffic? g. Increases in traffic hazards to motor vehicles, bicyclists, or pedestrians? 10. 11. 12. Cultural Resources. Will the proposal have significant impacts in: Se A disturbance to the integrity of archaeo- logical, paleontological, and/or historical res ources ? H~alth, Safety, and Nuisance Factors. Will the proposal have significant results in: a. Creation of any health bmzard or potential health hazard? b. Exposure of people to potential health hazards? c. A risk of explosion or release of hazardous substances in the event of an accident? de An increase in the nunber of individuals or species of vector or pathenogenic organisms or the exposure of people to such organisms? e. Increase in existing noise levels? f. Exposure of people to potentially dangerous noise levels? g. %he creation of objectionable odors? h. An increase in light or glare? Aesthetics. Will the proposal have significant results in: a. ~l~e obstruction or degradation of any scenic vista or view? b. %he creation of an aesthetically offensive site? c. A conflict with the objective of designated or potential scenic corridors? YES bt~YBE NO 13. Utilities and Public Services. Will the proposal have siginificant need for new systems, or alter- ations to the following: a. Electric power? b. Natural or packaged gas? c. CoL~nications systems? d. Water supply? e. Wastewater facilities? f. Flood control structures? g. Solid waste facilities? h. Fire protection? i. Police protection? j. Schools? k. Parks or other recreational facilities? 1. Maintenance of public facilities, including roads and flood control facilities? m. Other gove~ental services? 14. Energy and Scarce Resources. Will the proposal have significant impacts in: a. Use of substantial or excessive fuel or energy? b. Substantial increase in demand upon existing sources of energy? c. An increase in the demand for development of new sources of enerKy? do eo YES MAYBE NO An increase or perpetuation of the consumption of non-renewable forms of energy, when feasible renewable sources of energy are available? Substantial depletion of any nonrenewable or scarce natural resource? YES MAYBE NO 15. Mandatory Findings of Significance. ae Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal c~anity, reduce the n~nber or restrict the range of a rare or endangered p]mnt or animal, or eliminate important ex~ples of the major periods of Califomia history or prehistory? be Does the project have the potential to achieve short-tern, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is ene which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumulatively considerable? (Ctmulatively considerable means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, and probable future proj- ects.) do Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? II. DISCUSSION OF ENVIRONMENTAL EVALUATION (i.e., of affirmative answers to the above questions plus a discussion of proposed mitigation measures.) III. DETERMINATION On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECIARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: Signature Title EX~IIB IT E CITY OF POWAY DRAFT NEGATIVE DECLARATION %he Department of Planning Services has evaluated the following project(s) for environmental impacts and is reconmending adoption of a Negative Declaration to the City Council: Brief description and location of project(s): 0 Be 0 A copy of the Initial Study ~mn be reviewed in the Department of Planning Services of the City of Poway located in the City offices at 13202 Poway Road, Pc~ay, California 92064. Written c~m~ents concerning the Initial Study can be filed with the Department of Planning Services of the City of Poway. 2his draft Negative Declaration is subject to the implementation of mitigating measures (if any) as listed in the Initial Study. %his draft Negative Declaration will be considered by the City Council at its meeting of Barry K. Hogan Director of Planning Services EXHiBiT F C~TY OF PO~¥ NOTICE OF PR~ARATION Project Title Project Location/Address Project Description ~his is to advise that the City of Poway will be Lead Agency and will pre- pare an Environmental Impact Report for the project identified above. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the Envirormental Impact Report prepared by our agency when considering your permit or other approval for the project. Ne project description, location, and the probable environmental effects are contained in the attached materials. A copy of the Initial Study is, is not attached. D~e to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 45 days after receipt of this notice. Please send your response the City of Poway, Post Office Box 785, Poway, Califomia 92064. We will need the name for a contact person in your agency. Contact Person: Phone: (619) 748-6600 Approved By: Title: Date: project Tttle: [iCHI Lead Agency:. 3a. Street Address: 3c. County: PRGJE~-r LOCATION 4. County: 4b.(optlonal) Assessor's Parcel No. 3d. Ztp:. 56. Cross 6. Wlthtn 2 miles of: a. State Fbey No. b. Atr~orts 7. OOCLe~E~ TYPE 8. LOCAL ACTION TYPE _ C£C)~ - O! General Plan Update O! .~P 02 Nm, Elemeet Og Early Cons 03 General Plan Amendment 03 Neg Dec 04 Naster Plan 04 Oraft EIR 05 Annexation OS Supplmnent/ OS Sp~tftc Plan Subsequent EZR (if so, prior SCH t 07 Redevelopment ,) 08 Rezone NEPA Og Land Otvtston l'J;~-bdtvtslon, Parcel Map, 08 Notice of Intent Tract Map, etc.) 07 Envtr. Assessment/ I0 Use Pern~lt FONS I 1! Cancel Ag Preserve 08 Oraft 12 Other OT~EN 09 ~[n¢ormation Only g. TOTAL ACRES: Ftnal Document II O~her 3. Contact Person: 3b. Ctty: 3e. Phone: 4a. City/Cmm~Jnlty:. 4c. Section .T~p. R~nge For Rural, 5b' Nearest Coemunity:. c. Waterways. 10. DE'VELOI:MENT TYPE' 01 Residential: Units Acres 02.~ftce: Sq. Ft. Acres E~Noloyees 03 Shopping/Co.nettle1: Sq. Ft. Acres .~_.~plo~ 04 Industrial: Sq.Ft. Acres ~loyees OS Sewer: MGD 06 gatee: ~ 07 ~Transaortattom OS Mineral Extrecttan: Mineral og Power Generation: Wattag~ T~e: 10 Other: 11. P~ECT ISSUES OISCUSSED IN O(~JJ4ENT Ol Aesthetic/Visual 08 Geologic/Seismic 15 .__Sewer Capacity Z2' Water 'S~ply 02 Agricultural Land Og Jobs/Housing Balance X6 Sotl Erosion 23 Wetland/Riparian 03 Air Quality 10 Minerals 17 Solid Waste 24 Wildlife 04 Archaeological/Historical 11 Noise 18 ___.Toxic/Hazardous '~5 Growth Inducing OS Coastal 12 Public Services 19 TraCftc/Ctrculatlon gE Incc~n~attble Landuse OS Fire Hazard 13 ScHools ZO Vegetation 27 Cumulative Effecta 07 Flooding/Drainage ~4 Se;ttc Syste~ 21 Water Qualtty 28 Other 12. FUNDING(approx.) Fe~leral $ State $ Total $ 13. PRESE,~rT LANO USE ANO ZONING: I4. PROJECT DESCRIPTION: 1S. SIGNATURE OF LEAD AGENCY REPRESENTATIVE: Date NOTE: Clearinghouse will assign identification numbers for all new p~ojects. If a SCN Number &1ready exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. FOP74 REVISED 1/83 - REPLACES CAIS9 MARK OISI'RIBLq'ION ON REVERSE ~Resources Agency Air Resources Board ~Conservati~n Fish and Game Coastal Commission Caltrans District ~Caltrans - Planning Caltrans - Aeronautics ~California Highway Patrol ~Boating and Waterways ~Forestry State Water Resources Control Board - Headquarters ~Regional Water Quality Control Board, Region ~Division of Water Rights (SWRCB) Division of Water Quality (SWRCB) ~Department of Water Resources Reclamation Board Solid Waste Management Board Colorado River Board __CTRPA (CalTRPA) ~TRPA (Tahoe RPA) ~Bay Conservation & Dev't Co.,m Parks and Recreation Office of Historic Preservation ~Native American Heritage Comm State Lands Comm Public Utilities Comm ~Energy Comm .~. Food and Agriculture Health Services Statewide Health Planning {hospitals) ~Housing and Community Dev't Corrections General Services Office of Local Assistance Public W6rks Board ~Office of Appropriate Technology (OPR) Local Government Unit {OPR) Santa Monica Mountains Conservancy Other FOR SCH USE ONLY Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Catalog Number Proponent Consultant Contact Address Phone Notes: 21 EX~IB IT Gb NOTICE OF COMPLETION CITY OF POWAY Responsible Agency: Division: Name of Project Proponent: Address of Project Propcnent: Project Title: Project Location: Project Description (Nature, Purpose, and Beneficiaries): Time Period Provided for Review: Address Where Copy of Draft EIR is Available: Contact Person: Telephone: Dated: by: THIS DRAFT ENVIRONMENTAL IMPACT REPORT IS NOW AVAILABI.F- FOR PUBLIC COMMENT FOR A PERIOD OF 30 DAYS. k~'~IBIT H CITY OF POWAY NOTICE OF DETERMINATION 22 TO: Secretary for Resources FROM: 1416 Ninth Street, Room 1311 Sacramento, CA 95814 or County Clerk County of San Diego City of Poway P. O. Box 785 Poway, CA 92064 SUB3ECT: Filing of Notice of Determination in c~upliancewith Section 21108 or 21152 of the Public Resources Code. Project Title State Clearinghouse Number Contact Person Telephene No. (If submitted to Clearinghouse) Project Location Project Description This is to advise that the City of Poway approved/did not approve the above-described project and has made the follc~ing determination: 1. /he project will have a significant effect on the environment. /he project will not have a significant effect on the environment. __ An Environmental Impact Report was prepared for this project. A Negative Declaration was prepared for this project (copy attached). A statement of overriding considerations was adopted for this project. A statement of overriding considerations was not adopted for this project. Mitigation measures were made a condition of the approval of the project. Mitigation measures were not made a condition of the approval of the project. Date Received for Filing Signature Title