HomeMy WebLinkAbout09_029 CC ResolutionRESOLUTION NO. 09-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE CITY OF TEMECULA
ENVIRONMENTAL REVIEW PROCEDURES HANDBOOKS
FOR PRIVATE DEVELOPMENT PROJECTS AND CAPITAL
IMPROVEMENT PROJECTS (LR08-0005)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findings. The City Council of the City of Temecula does hereby
find, determine, and declare that:
A. The National Environmental Policy Act (NEPA) was enacted by Congress
in 1969 and all federal actions (and federally funded actions) must comply with the
provisions of NEPA for environmental compliance.
B. The California Environmental Quality Act (CEQA) was enacted by the
State legislature in 1970 to ensure a more thorough environmental analysis of
discretionary land use development and management decisions in California.
C. The City of Temecula in its statutory role as lead agency for both publicly
and privately initiated projects is responsible for complying with the provisions of both
NEPA and CEQA. In addition, the City in its role as responsible agency is mandated to
provide input to environmental documentation prepared by other agencies that could
have an adverse effect on the City's residents and/or environment.
D. It is in the best interest of the City to ensure compliance with NEPA and
CEQA is performed consistently and uniformly for all projects and a procedures
handbook would assist in this.
E. For projects requiring an Environmental Impact Report, an Environmental
Consultant may be hired by the City (paid for by a project applicant) to prepare the
necessary technical document. Qualified consultants are required to prepare this report.
Section 2. Environmental Findings.
A. Staff has determined that this Resolution to adopt the CEQA procedures
handbooks does not represent a "project" as defined by CEQA. Therefore, the City
Council hereby finds that this Resolution is exempt from the requirements of CEQA.
R:/Resos 2009/Resos 09-29
Section 3. Adoption of Handbooks.
t A. The City Council of the City of Temecula hereby adopts the City of
Temecula Environmental Review Procedures Handbook - CIP Projects, attached as
Exhibit A, and the City of Temecula Environmental Review Procedures Handbook -
Private Development Projects, attached as Exhibit B, to be used by staff and applicants
alike.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 10th day of March, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W./Jonds. MMC
[SEAL]
R:/Resos 2009/Resos 09-29
' STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-29 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 10th day of March, 2009, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
Washington, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
I
R:/Resos 2009/Resos 09-29 3
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CITY OF TEMECULA
ENVIRONMENTAL REVIEW PROCEDURES HANDBOOK
CIP Projects and City's Role as Responsible Agency
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CITY OF TEMECULA
ENVIRONMENTAL REVIEW PROCEDURES HANDBOOK
CIP Projects and City's Role as Responsible Agency
Table of Contents
pane
1. Introduction
1.1 Purpose of Handbook
1
1.2 Environmental Review Requirements
1
1
2. CEQA Review Procedures
2.1 City CEQA Review Procedures
5
2.2 CIP Projects
5
5
2.3 CEQA Requirements for In-House CIP Projects
2.4 Joint Agency Projects
7
10
2.5 Review of Other Agency Environmental Documents
10
3. Environmental Consultant Hiring Process
3.1 CIP Projects
11
11
3.2 Qualified Consultant List
3.3 RFP Process
11
11
3.4 Consultant Selection
12
Appendices
A. Environmental Review Process Flowchart A-1
B. Project information Checklist B-1
uryw 1annecula hnwrmmenbl ReviewProoedures Handbook -
dP ProJetls and Glys Rde as Reaponsible Agency
ESA/0208062
January 2009
CHAPTER I
Introduction
The City of Temecula Environmental Review Handbook has been developed to outline policies
and procedures for Capital Improvement Program (CIP) project environmental review within the
City of Temecula and to provide an overview of the environmental review process for City staff
and consultants. The handbook contains provisions for the implementation and administration
of the California Environmental Quality Act (CEQA), the National Environmental Policy Act
(NEPA) and related technical studies.
1.1 Purpose of Handbook
The handbook is organized into three (3) separate chapters, including: 1) Introduction /
Overview, 2) CEQA Review Procedures and 3) Environmental Consultant Hiring Process. In
addition, an appendix is included to provide additional resources. This Environmental Review
' Procedures Handbook has been adopted by resolution by the City Council and any future
revisions will be approved administratively by the Director of Planning in consultation with the
Public Works and Community Services Departments.
1.2 Environmental Review Requirements
State of California Requirements
The California Environmental Quality Act (CEQA) was enacted in 1970 as a system of checks
and balances for discretionary land-use development and management decisions in California.
Environmental review is characterized by an Initial Study process which results in one of three
possible types of CEQA documents: an Exemption, Negative Declaration (ND)/Mitigated
Negative Declaration (MND) or Environmental Impact Report (EIR). In cases where the
discretionary action is not exempt from CEQA, and the Initial Study concludes that the
discretionary action could have a potentially significant effect on the environment (where
mitigation could not reduce the impacts to below a level of significance), an EIR is required to
be prepared to analyze the potential environmental effects.
The City of Temecula in its statutory role as lead agency for both publicly and privately initiated
projects is responsible for complying with a variety of state and federal laws pertaining to the
protection of the environment. In addition, the City of Temecula in its other role as responsible
' agency is mandated to provide input to environmental documentation prepared by other agencies
that could have an adverse effect on the City's residents and/or environment. The primary
City of Temecub EnAmnmental Revbw Pn uras Handbook- ESA I D20BD82
GP Prgscb end Gtys Pale ae RMonsible Agency
January 2009
' environmental compliance law that the City must comply with is the California Environmental
Quality Act (CEQA). CEQA is promulgated in the California Public Resources Code, Division
13, Sections 21000 et seq. and the California Code of Regulations, Title 14, Chapter 3,
Sections 15000 et seq. Online CEQA guidance (statute, guidelines and CEQA case information)
is available at www.ceres.ca.gov/cega.
Federal Requirements
Federal agencies have environmental compliance and permit authority over certain activities
(including federal funding of local projects) on federal, state and local lands and over certain
resources which have been the subject of congressional legislation: (i.e., air and water quality,
wildlife, and navigable waters). The National Environmental Policy Act (NEPA) was enacted by
Congress in 1969 and all federal actions must comply with the provisions of NEPA (42 U.S.C
4321, et seq.) Federal actions include a variety of discretionary permits and funding. The U.S.
Environmental Protection Agency generally oversees the federal agencies environmental review
process and requirements, although each federal agency has developed customized guidelines
for the implementation of NEPA. The responsibility for implementing some federal regulatory
programs, such as those for air and water quality and toxics management, has been delegated to
specific state agencies, hi certain instances, local agencies are charged with federal
environmental compliance requirements, usually associated with federal agency funding of a
local public facility or related to a federal agency regulatory permit requirement. Typical
' examples of these kinds of projects include Federal Highway Administration (FHWA) funding
of state or local highway improvements, projects which require dredge or fill into waters of the
United States, and projects which may affect a federally listed endangered species.
City of Temecula Requirements
The City of Temecula General Plan states:
The California Environmental Quality Act (CEQA) was adopted by the State legislature
in response to a public mandate for more thorough environmental analysis of projects
that might affect the environment. Provisions of the law and environmental review
procedures are described in the CEQA Statutes and CEQA Guidelines. Implementation
of CEQA ensures that during the decision making stage of development, City ogicials
and the general public will be able to assess the environmental impacts associated with
private and public development projects.
The City of Temecula General Plan Land Use, Circulation, Housing, Open Space/Conservation,
Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design
and Economic Development Elements outline citywide goals, objectives and policies that
establish the physical and environmental blueprint for the City and form the basis for evaluation
of specific projects in a CEQA document.
City of Tamewla EmironmanW ReM" ProcW,,, Handbook- 2 ESA I C20E082
CIP Profamla and Citys Rob as Respona ble Agency January 2009
1. IMmlueenn
' The City of Temecula Municipal Code contains specific local requirements for a variety of land
uses that may be regulated through local land use permit requirements. In addition, the Old
Town Specific Plan contains a listing of historic resources and outlines a procedure for making
findings of historic significance.
The City of Temecula is a signatory to the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP), which has been prepared to conserve over 150,000 acres of
sensitive habitat within south western Riverside County, including incorporated cities. The
MSHCP was designed to streamline project review by minimizing federal and state resource
agency permitting requirements for projects that are not located in sensitive biological resources
areas (criteria cells) identified as containing sensitive habitat or species. All City of Temecula
discretionary projects must demonstrate conformance with the MSHCP and the CEQA
document must include this analysis.
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CIP PrgMe and ritya Role as Respmible Agency January 2009
CHAPTER 2
CEQA Review Procedures
The City of Temecula has developed citywide environmental review procedures to ensure that
all City departments comply with local, state and federal environmental review requirements in a
consistent and adequate manner. The protection of the environment is of the utmost importance
to the City and its residents and shall be considered in every land use and development project
decision, as promulgated by the City's General Plan and Municipal Code.
2.1 City CEQA Review Procedures
The City of Temecula acts as: 1) Lead Agency for privately initiated projects, 2) Applicant /
Lead agency for City sponsored projects, and 3) Responsible Agency for projects initiated by
other agencies that could have an effect on the City's residents or environment. The City, in its
' role as lead and/or responsible agency, is mandated to ensure that CEQA is adequately complied
with for all City discretionary actions, projects that are carried out within the City, and projects
that may directly or indirectly affect the City. The following City departments are involved in
the CEQA process for CIP projects:
Public Works Department - The Public Works Department is responsible for ensuring
that City of Temecula Public Works and Capital Improvement Projects comply with
CEQA and NEPA as required. Public Works staff will work with Planning Department
staff to coordinate required environmental review (see Appendix B). NEPA compliance
is only required when a project has a federal nexus, including federal funding or federal
permitting mandates. City of Temecula Public Works projects include local roadway
and drainage improvement projects, public facilities and interstate highway
improvements, as well as coordination with local water, sewer and dry utility
agencies/oompanies.
2. Planning Department - The Planning Department is the lead department for
environmental review and is responsible for coordinating with the Public Works and
Community Services Departments on CEQA documentation and CEQA expertise
relating to environmental issues including aesthetics, air quality, biological resources
(including MSHCP compliance), cultural resources, noise, hazardous materials and other
related issues.
' 3. Community Services Department - The Community Services Department is
responsible for ensuring that city parks & recreation facilities and other community
atyd Temrula EnM=,nenlel P VIOWPmoedurea Hergbedt- 5 ESA/D206062
CIPProjerb and alye Rob ee Reaporoible Agency Jamey 2009
2. City Department CEQA Review Pnooedvm
facility projects comply with CEQA/NEPA. The Community Services Department
works closely with both the Planning Department and the Public Works Department to
ensure CEQA/NEPA compliance for their projects. Community Services staff will work
with Planning Department staff to coordinate required environmental review (see
Appendix B).
2.2 CIP Projects
CIP projects generally fall into one of the following categories: 1) In-house (City) designed
projects, 2) consultant designed projects and 3) highway and flood control projects.
In-House City Designed Projects
For in-house (City) designed projects, once the project scope is conceptually defined through
preliminary design development, a memo is sent to the Planning Department with the scope or
the preliminary plans requesting review and determination of the level of document and required
studies, if any (See Appendix B).
The project manager (Public Works or Community Services staff) works with the Planning
Department to satisfy the project's CEQA documentation requirements. The environmental
review procedure outlined in Section 2.3 will be complied with for in-house public works design
' projects. CEQA documentation requirements (Exemption / ND / MND) will be completed by
City planning staff for most projects, unless an EIR is required, which would require hiring an
environmental consultant to complete the CEQA document and any required studies during the
design process. In-house city designed projects may also involve other environmental permitting
requirements, including state or federal resource agency jurisdictional permitting or biological or
cultural resource monitoring during construction operations, as defined by the approved
mitigation monitoring program.
City Projects Designed by Consultants
Public Works/Community Services projects designed by consultants are procured through the
Request for Proposal (RFP) process (initiated by the lead department) and typically have both
engineering design and environmental services packaged together. If environmental services are
requested, the lead department will involve the Planning Department in the RFP process to
ensure that environmental issues are addressed as part of the design phase of the project. The
selected environmental consultant will prepare all environmental documentation as outlined in
Section 2.3. The lead department is responsible for coordinating with the Planning Department
to ensure that the appropriate type of CEQA document is prepared and processed for the project.
The Planning Department is available to assist with CEQA documentation as required.
Normally, the selected engineering design and environmental consultant have worked together
historically on numerous projects and they would already have established relationships and
protocols for coordination and data transfer. This close teaming relationship assists with
GAY Of Temepola Emironnentel RWOW ROCO&M Handbook- 6 ESA I D208092
CIP PmOa arW Cat's Role as Responsible Agency JMAN 2009
ty Departrnent CECA Review Procedures
1 minimizing inefficiencies and ensures that environmental impacts are eliminated or minimized
through project design modifications during the design process.
Highway and Flood Control Projects with State or Federal
Involvement
Under State of California guidelines, the State Department of Transportation (Caltrans) takes the
lead in the preparation of the highway project CEQA and NEPA (federally funded) documents.
The Public Works Department will hire an environmental consultant to work closely with
Caltrans environmental staff to prepare the proper environmental documents (similar to the
consultant designed projects, except that the City's Planning Department has a minimum role in
this process, since the State takes the lead). The Public Works Department manages the
environmental consultant and Caltrans manages the environmental process. Typical highway
projects that would fall into this type of process include interchanges, bridges over state/federal
highways and state/federal facility widening.
Flood control projects may involve partnering with regional, state and /or federal agencies to
design, permit or fund facilities. Similar to the Caltrans environmental process, the Public Works
Department will retain the environmental consultants and the state or federal agency will oversee
the process. An exception to this process may occur when projects are regional in nature and
benefit an area larger than the City of Temecula. In these cases, the City then becomes a
responsible agency and provides input to the lead agency for the environmental documents.
2.3 CEQA Requirements for In-House CIP Projects
Review for Exemption
During the initial review of project materials, the Planning Department will review the project
description to determine whether the project is eligible for an exemption under the CEQA
Guidelines. Certain classes and types of projects have been determined to be exempt from
CEQA under normal circumstances. If a project is determined to be exempt, then a Notice of
Determination / Notice of Exemption is filed with the County Clerk within five (5) days
following project approval and no further CEQA documentation is required. The Planning
Department will prepare the Notice of Exemption (NOE) and return the completed NOE to the
lead department (Pubic Works or Community Services) to file it and associated fees with the
County Clerk.
Initial Study / CEQA Document Determination
If it is determined that the project is not exempt from CEQA, an Initial Study will be prepared,
pursuant to CEQA Guidelines, to assist in determining the appropriate CEQA document for the
project, Technical studies may be required prior to completion of the Initial Study to assist with
' determining the appropriate CEQA documentation. If technical studies are required, the Public
Works Department will hire the appropriate consultants. The Initial Study checklist must be
City Of Temecula Environmental PwAaw Procedures Handbook- 7 ESN / D208082
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2. CMy DepereneM CEQA Review Procedures
' completely filled out with adequate supporting information provided to determine if any
potentially significant impact could result from implementation of the proposed project and if
any project design features or mitigation measures are available to reduce the potential project
impacts to less than significant levels. The Initial Study will consider all available information.
The Initial Study is the basis for all project related CEQA documentation requirements and
determines whether the appropriate CEQA document will be a Negative Declaration, Mitigated
Negative Declaration, or an Environmental Impact Report.
The Planning Department will complete the Initial Study checklist and based on the supporting
analysis determine that either: 1) the project could not have a significant effect on the
environment and a Negative Declaration (ND) will be prepared, 2) the project may have a
significant effect on the environment and mitigation measures have been identified to reduce the
impacts to less than significant levels and a Mitigated Negative Declaration (MND) will be
prepared, or 3) the project may have a significant effect on the environment and an
Environmental Impact Report (EIR) is required. If the Initial Study determines that an EIR is
required, the City will issue a Request for Proposal (RFP) for preparation of the EIR, pursuant to
the requirements contained in Chapter 3.
MSHCP Conformance
Riverside County adopted the Western Riverside County Multi-Specifies Habitat Conservation
' Plan (MSHCP) on June 17, 2003. The City of Temecula is a signatory to the MSHCP, and
therefore development projects conducted within the city are required to comply with the
MSHCP. Section 6.0 of the MSHCP identifies the local implementation measures, including
city and county obligations. The first step of MSHCP review is to detennine whether the project
site is located within a criteria cell and/or is subject to special studies analysis. This information
can be found on the Riverside County Integrated Plan (RCIP) conservation summary report
generator website at www.wrc-rca.org.
For all discretionary projects, the City must make a consistency determination in accordance
with Section 4.0 of the MSHCP. A project located outside of a criteria area does not mean that
MSHCP compliance is not necessary. All discretionary projects are subject to the
Riparian/Riverine, Vernal Pool and Fairy Shrimp policies (refer to Sections 6.1.1 - 6.1.4, 6.3.1,
and 6.4 of the MSHCP). If a project is located within an identified species survey area, then a
habitat suitability assessment must be conducted. This biological report must make a clear
determination as to whether or not suitable habitat is present. If a project is located within a
criteria cell, it must comply with the Reserve Assembly requirements. Once the city reviews the
MSHCP biological report and has made the MSHCP consistency determinations, planning staff
will send the consistency determination letter with supporting technical studies to the Western
Riverside County Regional Conservation Authority (RCA). If a project is located within a
criteria cell, a Joint Project Review (JPR) application will also be required. If the JPR determines
that a project is located within an area identified for conservation, the city will be asked to revise
the project to accommodate the conservation or proceed to the Habitat Acquisition and
' Negotiation Strategy (HANS) process.
Oty of Tenwxxa Envl m tsl ReNaw Procedwea Hardboa- S ESA 10208082
CIP Pr *j and Glys Role as Resport lbl Agency Jam ary 2009
Cily Department CEQA ReOm Proceeums
Negative Declaration / Mitigated Negative Declaration
Should the Initial Study (including required technical studies) determine that the proposed
project would result in no unavoidable adverse significant effects, the Planning Department will
prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND), along with all
applicable notices, postings and fees. Within 45 days of determining that a Negative Declaration
is required, Planning staff will complete the required Notice of Intent to Adopt the Negative
Declaration or Mitigated Negative Declaration. Negative Declarations require a minimum 20 or
30 day public review period, depending on the project scope. The City is responsible for all
required CEQA notices. The Planning Department will prepare the Notice of Intent (NOI) and
file it with the county clerk. The Planning Department will prepare the Notice of Determination
(NOD) and return the completed NOD to the lead department (Pubic Works or Community
Services) to file it and associated fees, with the County Clerk.
Environmental Impact Report
If the Initial Study determines that the project could result in a potentially significant effect on
the environment, an Environmental Impact Report (EIR) will be prepared for the project, and the
Public Works or Planning Department will select a consultant to prepare the EIR. The Planning
Department will prepare requisite CEQA notices for CIP projects, and return the completed
notices to the lead department (Pubic Works or Community Services) to file, along with
' associated fees, with the County Clerk.
Mitigation Monitoring & Reporting Program
Mitigation Monitoring Programs must be adopted by the final decision making body for all
Mitigated Negative Declarations and EIRs to ensure that identified mitigation measures are
implemented as required. Pursuant to the Public Resources Code and the CEQA Guidelines, a
public agency is required to adopt a monitoring and reporting program for assessing and
ensuring compliance with any required mitigation measures applied to a proposed development.
As stated in the Public Resources Code:
the public agency shall adopt a program for monitoring or reporting on the revisions
which it has required in the project and the measures it has imposed to mitigate or avoid
significant environmental effects. "
CEQA provides general guidelines for implementing mitigation monitoring programs and
indicates that specific reporting and/or monitoring requirements, to be enforced during project
implementation, shall be defined prior to final project approval. The public agency may delegate
reporting or monitoring responsibilities to another public agency or a private entity which
accepts delegations. The City, as the applicant, will have the responsibility for implementing the
mitigation measures, and for monitoring and reporting the implementation of the mitigation
measures.
Gly of Tamaula Enyb ,mental ROAM Pnmdwee Handbook- 9 ESA / D206082
OP Propcia and CYlya Roe as Re nsibie Agency January 2009
2. City Department CEOA Review Procedures
2.4 Joint Agency Projects
Joint agency projects occur relatively infrequently and typically require partnering with other
local, state and/or federal agencies for the design, construction and operation of a project within
the City of Temecula. The City may participate in the funding of a regional transportation or
flood control facility and may function as a co-lead agency, depending on the circumstances of
the project.
2.5 Review of Other Agency Environmental
Documents
The City of Temecula, in its role as responsible agency, routinely reviews and comments on
CEQA and NEPA documents prepared by other lead agencies that could potentially result in an
adverse effect to City residents or the environment. These documents are typically prepared by
surrounding jurisdictions including Riverside County (TLMA, Transportation Department,
Facilities Management, and Flood Control & Water Conservation District), Riverside County
Transportation Commission, San Diego County, the City of Murrieta, Pechanga, Caltrans, etc.
The City of Temecula Planning Department will review all incoming notices for other agency
CEQA/NEPA documents and make a determination if the project could result in adverse effects
' to the City of Temecula and if the CEQA/NEPA document requires review and comment by the
City. As part of this review, the Planning Department will coordinate with the Pubic Works
Department for the review of the traffic and other technical studies. The Planning Department
will coordinate the City's comments and will solicit input from other City departments as
required. The Planning Department is responsible for ensuring that City comments are included
in the CEQA/NEPA document and if any additional follow-up (additional comments, meetings
and/or public hearing attendance) is required.
My drevre ha EnNrwm del Rnlew Prddedwes PY dbooe - 10 ESA i D2D8ad2
CIP RVieae AM Clye Role AS iieeponeible Agerwy JawerY WOO
CHAPTER 3
Environmental Consultant Processes
The City of Temecula hires environmental consultants to prepare CEQA-related technical
studies and Environmental Impact Reports (EIR) for CIP projects where the Initial Study
determines that potentially significant impacts could result with implementation of the proposed
project. The following procedures summarize the consultant hiring process for EIRs and
technical studies.
3.1 CIP Projects
The City of Temecula directly hires environmental consultants to prepare CEQA compliance
documents (Environmental Impact Reports and Negative Declarations) for OF projects where
the Initial Study determines that potentially significant impacts could result from implementation
of the proposed project. Depending on the type of project, either the Planning Department,
' Public Works Department, or Community Services Department will oversee this process. The
design and CEQA consultants are generally hired as a team under one contract. The City may
hire an environmental consultant to assist with preparation of Mitigated Negative Declarations
for projects that require specific technical studies or are more complex than a typical project
requiring a Negative Declaration.
3.2 Qualified Consultant Lists
The Planning and Public Works Departments maintain qualified Environmental Consultant lists.
The Planning Department list is established through a Request for Qualifications (RFQ) process
that is initiated every other year to ensure that the City receives the highest caliber consulting
services. For CIP projects, consultants may request to be added to the list at any time.
Placement on the City's qualified CEQA consultant lists does not guarantee any specific CEQA
work.
3.3 RFP Process
For projects designed in-house that may require an EIR or MND (as determined by Planning
staff), the City will select a limited number of environmental consultants from the qualified
consultant lists to receive a Request for Proposal (RFP). RFP's will be mailed to a select
number of consultants as determined by either a rotating list or a grouping of consultants
' determined to be highly qualified for a particular type of project. The RFP will clearly spell out
-
City ofTemeddeEmAtMmanlalRe.Maw Proeeduras Handbook- t1 ESA 10201=2
CIP Projects and City's Rd. ss Responsible Agenry
Jenw7200A
3. Environmental Consultant Hrirq Process
' the project description and the requested environmental consulting services required for the
proposed project and will specify a due date and the required number of copies of the proposal to
be submitted to the City. The RFP may also include other requirements as determined by the
City. Consultants may be disqualified from final selection, if the City determines that any
conflict of interest exists.
3.4 Consultant Selection
The City of Temecula will review all proposals submitted for a project CEQA document and
make a determination of the most qualified proposal that meets the needs of the City. The City
may elect to form a committee to review all submitted proposals and may conduct interviews of
the most qualified consultants to assist in the final consultant selection. The successful
consultant will be notified upon selection and will enter into contract negotiations with the City.
All consultant contracts must be approved by the appropriate City authority in accordance with
current City purchasing procedures.
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CIP Pmjeda and Gty a Rde as Raspo tue ApeM.y January 2009
APPENDICES
A. Environmental Process Flowchart
B. Project Information Checklist
i
My Of Temecula EmBrommental Review Procedures Handbook-
DIP Pmjects and Glya Role as Responsible Agency
ESA/0208082
January 2008
APPENDIX A
Environmental Process Flowchart
C
City of Temewla Em enlal Re+Uw Procedures Handbook- A-1 ESA/ 0108082
CIP Pmjecte and Cirys Role as Responsible Pgerwy
Jsnuary 2008
a City of Temecula Environmental Review Process
CAPITAL IMPROVEMENT PROGRAM PROJECTS
Exempt file NOE(PW)
D
NOE - Notice of Exemption
NOD - Notice of Determination
NOA - Notice of Availability
NOP - Notice of Preparation
NOC - Notice of Completion
EIR - Environmental Impact Report
NO - Negative Declaration
MND - MiligalM Negative Declaration
MMRP - Mitigation Monitoring Reporting Program
E
APPENDIX B
Project Information Checklist
J
Oty of Te Cds EW=ro W R&A. Procedures HaMbo - B-1 ESA 1 OW8082
CIP Projects eM CRY'S ROW M Responside Agency
JenWry 2009
Project Information Checklist
The Project Manager should include the following information when requesting a Planning
Department CEQA evaluation:
• Contact name / telephone number
• Due Date - Please allow a minimum of 3 weeks
• Plans - 11 x 17 or full size
• Detailed project description including: 1) type of project
(maintenancelnew construction), 2) lineal feet, 3) building size and 4) property size
• Aerial photograph illustrating location and limits of work
• Project schedule / duration of work
• Type of equipment to be used
• Is right-of-way acquisition required? If yes, provide details.
• Is a generator proposed? If yes, provide details
1
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CITY OF TEMECULA
ENVIRONMENTAL REVIEW PROCEDURES HANDBOOK
Private Development Projects
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Private Development Projects
Table of Contents
Paae
1. Introduction
1
1.1 Purpose of Handbook
1
1.2 Environmental Review Requirements
1
2. CEQA Review Procedures
5
2.1 City Department CEQA Review Procedures
5
2.2 Private Development Projects
6
3. Environmental Consultant Hiring Process
11
3.1 Private Development Projects
11
3.2 Qualified Consultant List
11
3.3 RFP Process
12
3.4 Consultant Selection
12
3.5 Project Initiation/Applicant Deposits
12
Appendix A: Environmental Review Process Flowchart A_1
My of Teorowle Enviramle tal Review Pr p ureaHarMbook-
PrWale Development "mas
ESA I D208082
January 2009
CHAPTER I
Introduction
The City of Temecula Environmental Review Handbook has been developed to outline policies
and procedures for private development project environmental review within the City of
Temecula and to provide an overview of the environmental review process for City staff, project
applicants and consultants. The handbook contains provisions for the implementation and
administration of the California Environmental Quality Act (CEQA), the National
Environmental Policy Act (NEPA) and related technical studies.
1.1 Purpose of Handbook
The handbook is organized into three (3) separate chapters, including: 1) Introduction /
Overview, 2) CEQA Review Procedures and 3) Environmental Consultant Hiring Process. In
addition, an appendix is included to provide a visual representation of the CEQA process. This
' Environmental Review Procedures Handbook has been approved by City Council resolution and
any future revisions will be approved administratively by the Director of Planning in
consultation with the Public Works and Community Services Departments.
1.2 Environmental Review Requirements
State of California Requirements
The California Environmental Quality Act (CF
,QA) was enacted in 1970 as a system of checks
and balances for discretionary land-use development and management decisions in California.
Environmental review is characterized by an Initial Study process which results in one of three
possible types of CEQA documents: an Exemption, Negative Declaration (ND)/Mitigated
Negative Declaration (MND), or Environmental Impact Report (EIR). In cases where the
discretionary action is not exempt from CEQA and the Initial Study concludes that the
discretionary action could have a potentially significant effect on the environment (where
mitigation could not reduce the impacts to below a level of significance), an EIR is required to
be prepared to analyze the potential environmental effects.
The City of Temecula in its statutory role as lead agency for both publicly and privately initiated
projects is responsible for complying with a variety of state and federal laws pertaining to the
protection of the environment. In addition, the City of Temecula in its other role as responsible
' agency is mandated to provide input to environmental documentation prepared by other agencies
that could have an adverse effect on the City's residents and/or environment. The primary
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' environmental compliance law that the City must comply with is the California Environmental
Quality Act (CEQA). CEQA is promulgated in the California Public Resources Code, Division
13, Sections 21000 et seq. and the California Code of Regulations, Title 14, Chapter 3,
Sections 15000 et seq. Online CEQA guidance (statute, guidelines and CEQA case information)
is available at www.ceres.ca.gov/cega.
Federal Requirements
Federal agencies have environmental compliance and permit authority over certain activities
(including federal funding of local projects) on federal, state and local lands and over certain
resources which have been the subject of congressional legislation: (i.e., air and water quality,
wildlife, and navigable waters). The National Environmental Policy Act (NEPA) was enacted by
Congress in 1969 and all federal actions must comply with the provisions of NEPA (42 U.S.C
4321, et seq.) Federal actions include a variety of discretionary permits and funding. The U.S.
Environmental Protection Agency generally oversees the federal agencies environmental review
process and requirements, although each federal agency has developed customized guidelines
for the implementation of NEPA. The responsibility for implementing some federal regulatory
programs, such as those for air and water quality and toxics management, has been delegated to
specific state agencies. In certain instances, local agencies are charged with federal
environmental compliance requirements, usually associated with federal agency funding of a
local public facility or related to a federal agency regulatory permit requirement. Typical
' examples of these kinds of projects include Federal Highway Administration (FHWA) funding
of state or local highway improvements, projects which require dredge or fill into waters of the
United States, and projects which may affect a federally listed endangered species.
City of Temecula Requirements
The City of Temecula General Plan states:
The California Environmental Quality Act (CEQA) was adopted by the State legislature
in response to a public mandate for more thorough environmental analysis of projects
that might affect the environment. Provisions of the law and environmental review
procedures are described in the CEQA Statutes and CEQA Guidelines. Implementation
of CEQA ensures that during the decision making stage of development, City officials
and the general public will be able to assess the environmental impacts associated with
private and public development projects.
The City of Temecula General Plan Land Use, Circulation, Housing, Open Space/Conservation,
Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design
and Economic Development Elements outline citywide goals, objectives and policies that
establish the physical and environmental blueprint for the City and form the basis for evaluation
of specific projects in a CEQA document.
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' The City of Temecula Municipal Code contains specific local requirements for a variety of land
uses that may be regulated through local land use permit requirements. In addition, the Old
Town Specific Plan contains a listing of historic resources and outlines a procedure for making
findings of historic significance.
The City of Temecula is a signatory to the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP), which has been prepared to conserve over 150,000 acres of
sensitive habitat within southwestern Riverside County, including incorporated cities. The
MSHCP was designed to streamline project review by minimizing federal and state resource
agency permitting requirements for projects that are not located in sensitive biological resources
areas (criteria cells) identified as containing sensitive habitat or species. All City of Temecula
discretionary projects must demonstrate conformance with the MSHCP and the CEQA
document must include this analysis.
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CHAPTER 2
CEQA Review Procedures
The City of Temecula has developed citywide environmental review procedures to ensure that
all City departments comply with local, state and federal environmental review requirements in a
consistent and adequate manner. The protection of the environment is of the utmost importance
to the City and its residents and shall be considered in every land use and development project
decision, as promulgated by the City's General Plan and Municipal Code.
2.1 City Department CEQA Review Procedures
The City of Temecula acts as: 1) Lead Agency for privately initiated projects, 2) Applicant /
Lead agency for City sponsored projects, and 3) Responsible Agency for projects initiated by
other agencies that could have an effect on the City's residents or environment. The City, in its
role as lead and/or responsible agency, is mandated to ensure that CEQA is adequately complied
' with for all City discretionary actions, projects that are carried out within the City, and projects
that may directly or indirectly affect the City. The following City departments are involved in
the CEQA process for pn ivate development projects:
Planning Department - The Planning Department is the lead department for
environmental review, responsible for ensuring that private development applications
comply with CEQA/NEPA, as required (NEPA compliance is only required when a
project has a federal nexus, including federal funding or federal permitting mandates.)
The Planning Department is responsible for coordinating environmental review and
document preparation.
2. Public Works Department - The Public Works Department is responsible for ensuring
that private development applications are in conformance with Public Works and Capital
Improvement Project requirements. For the CEQA process, the Public Works staff
assists the Planning Department in. the review of environmental technical studies to
ensure technical accuracy and consistency with City standards.
3. Community Services Department - The Community Services Department is
responsible for ensuring that private development projects comply with city parks &
recreation facilities and other community facility requirements.
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2. City Department CECA Review Procedures
' 2.2 Private Development Projects
Application Submittal Requirements
The Planning Department is responsible for the initial intake and processing of applications for
privately initiated development projects within the City of Temecula. Applications for private
development projects can include residential, commercial, industrial, mixed use, recreational,
institutional and other land uses. Applicants are required to submit a completed development
application and associated project materials, including any applicable project related information
to the Planning Department, along with required fees and deposits to initiate project review.
Project Technical Studies
Applicants are discouraeed from preparing or submitting technical studies for their projects prior
to consulting with City staff, as the City will determine the type and extent of studies required
for the project related environmental documentation. If technical studies are prepared and
submitted with application materials, the studies will be peer reviewed by the City to determine
if they can be utilized in the CEQA process. The City has the right to reject applicant submitted
technical studies and require that they be completed by a City-selected CEQA consultant, if
necessary. For complex projects it is recommended that applicants meet with the Planning
Department staff prior to project application submittal to ensure that all submittal requirements
' are understood to avoid delays associated with incomplete case filings.
Review for Exemption
During the initial review of project application materials, the Planning Department will review
the project application to determine whether the project is eligible for an exemption under the
CEQA Guidelines. Certain classes and types of projects have been determined to be exempt
from CEQA under normal circumstances. If a project is determined to be exempt, then a Notice
of Determination / Notice of Exemption is filed with the County Clerk within five (5) days
following project approval and no further CEQA documentation is required. The City is
responsible for all required CEQA notices, while the applicant is responsible for any required
filing fees.
Initial Study I CEQA Document Determination
Once the City determines that the project is not exempt from CEQA, an Initial Study will be
prepared, pursuant to CEQA Guidelines, to assist in determining the appropriate CEQA
document for the project. The City may request that the applicant provide technical studies prior
to completion of the Initial Study to assist with determining the appropriate CEQA
documentation. The applicant will be notified of the deposits required to fund the technical
studies, which will be prepared by a City-hired consultant. Planning Department staff will
complete the Initial Study following the determination that the application is accepted for filing
' and that all materials that will assist the City with Initial Study preparation have been submitted.
The Initial Study checklist must be completely filled out with adequate supporting information
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' provided to determine if any potentially significant impact could result from implementation of
the proposed project and if any project design features or mitigation measures are available to
reduce the potential project impacts to less than significant levels, The Initial Study will
consider all available information, including applicant submitted information during preparation
of the checklist and final determination. The Initial Study is the basis for all project related
CEQA documentation requirements and determines whether the appropriate CEQA document
will be a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact
Report.
The Planning Department will complete the Initial Study checklist and based on the supporting
analysis determine that either: 1) the project could not have a significant effect on the
environment and a Negative Declaration (ND) will be prepared, 2) the project may have a
significant effect on the environment and mitigation measures have been identified to reduce the
impacts to less than significant levels and a Mitigated Negative Declaration (MND) will be
prepared, or 3) the project may have a significant effect on the environment and an
Environmental Impact Report (EIR) is required. The applicant will be notified of the decision to
prepare a CEQA document. If the Initial Study detemmines that an EIR is required, the City will
issue a Request for Proposal (RFP) for preparation of the EIR, pursuant to the requirements
contained in Chapter 3.
' Coordination with City Departments
The Planning Department will coordinate with the Public Works Department and TCSD as
required for projects that may affect a City of Temecula public facility or may require
specialized technical input (traffic, hydrology, geotechnical, etc.).
MSHCP Conformance
Riverside County adopted the Western Riverside County Multi-Specifies Habitat Conservation
Plan (MSHCP) on June 17, 2003. The City of Temecula is a signatory to the MSHCP, and
therefore development projects conducted within the city are required to comply with the
MSHCP. Section 6.0 of the MSHCP identifies the local implementation measures, including
city and county obligations. The first step of MSHCP review is to determine whether the project
site is located within a criteria cell and/or is subject to special studies analysis. This information
can be found on the Riverside County Integrated Plan (RCIP) conservation summary report
generator website at www.wrc-rra.org.
For all discretionary projects, the city must make a consistency determination in accordance with
Section 4.0 of the MSHCP. A project located outside of a criteria area does not mean that
MSHCP compliance is not necessary. All discretionary projects are subject to the
Riparian/Riverine, Vernal Pool and Fairy Shrimp policies (refer to Sections 6.1.1 - 6.1.4, 6.3.1,
and 6.4 of the MSHCP). If a project is located within an identified species survey area, then a
' habitat suitability assessment must be conducted. This biological report must make a clear
determination as to whether or not suitable habitat is present. If a project is located within a
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' criteria cell, it must comply with the Reserve Assembly requirements. Once the city reviews the
MSHCP biological report and has made the MSHCP consistency determinations, planning staff
will send the consistency determination letter with supporting technical studies to the Western
Riverside County Regional Conservation Authority (RCA). If a project is located within a
criteria cell, a Joint Project Review QPR) application will also be required. If the JPR determines
that a project is located within an area identified for conservation, the city will be asked to revise
the project to accommodate the conservation or proceed to the Habitat Acquisition and
Negotiation Strategy (HANS) process.
Negative Declaration / Mitigated Negative Declaration
Should the Initial Study (including required technical studies) determine that the proposed
project would result in no unavoidable adverse significant affects, the Planning Department will
prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND), along with all
applicable notices, postings and fees. Within 45 days of determining that a Negative Declaration
is required, City staff will complete the required Notice of Intent to Adopt the Negative
Declaration or Mitigated Negative Declaration. Negative Declarations require a minimum 20 or
30 day public review period, depending on the project scope as provided in the CEQA
Guidelines. Negative Declarations must be completed within 180 days of an application being
deemed complete. The City is responsible for all required CEQA notices, while the applicant is
responsible for any required filing fees.
' Environmental Impact Report
If the Initial Study determines that the project could result in a potentially significant effect on
the environment, an Environmental Impact Report (EIR) will be prepared for the project, and the
Planning Department will select a consultant to prepare the EIR. (See Chapter 3 of this
document). Once the Consultant is selected, the City will prepare the Notice of Preparation for
the EIR and circulate it to applicable responsible and trustee agencies, as well as interested
members of the public. Planning Department staff will be responsible for managing the EIR
consultant, including serving as direct liaison between the applicant and the consultant. The City
is responsible for all required CEQA notices, while the applicant is responsible for any required
filing fees.
Mitigation Monitoring & Reporting Program
Mitigation Monitoring Programs must be adopted by the final decision making body for all
Mitigated Negative Declarations and EIRs to ensure that identified mitigation measures are
implemented as required. Pursuant to Section 21081.6 of the Public Resources Code and the
CEQA Guidelines Section 15097, a public agency is required to adopt a monitoring and
reporting program for assessing and ensuring compliance with any required mitigation measures
applied to a proposed development. As stated in Section 21000 the Public Resources Code:
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' the public agency shall adopt a program for monitoring or reporting on the revisions
which it has required in the project and the measures it has imposed to mitigate or avoid
significant environmental effects. "
CEQA provides general guidelines for implementing mitigation monitoring programs and
indicates that specific reporting and/or monitoring requirements, to be enforced during project
implementation, shall be defined prior to final project approval. The public agency may delegate
reporting or monitoring responsibilities to another public agency or a private entity which
accepts delegations. The lead agency, however, remains responsible for ensuring that
implementation of the mitigation measures occur in accordance with the program.
The applicant will have the responsibility for implementing the mitigation measures, and the
various City of Temecula departments will have the primary responsibility for monitoring and
reporting the implementation of the mitigation measures.
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CHAPTER 3
Environmental Consultant Hiring Process
The City of Temecula hires environmental consultants to prepare CEQA-related technical
studies and Environmental Impact Reports (EIR) for private development projects where the
Initial Study determines that potentially significant impacts could result with implementation of
the proposed project. The following procedures summarize the consultant hiring process for
EIRs and technical studies.
3.1 Private Development Projects
Applicants are discouraged from preparing or submitting technical studies for the project prior to
consulting with City staff as the City will determine the type and extent of studies required for
the project related environmental documentation. The environmental consultant will be directly
contracted with the City of Temecula and all environmental consultant interaction with the
' applicant and the applicant's team will be managed by the City. The City may hire an
environmental consultant to assist with preparation of Mitigated Negative Declarations for
projects that require specific technical studies or are more complex than a typical project
requiring a Negative Declaration, as well as for the preparation of an EIR.
3.2 Qualified Consultant Lists
The Planning Department maintains qualified Environmental Consultant lists which are
established through a Request for Qualifications (RFQ) process that is initiated every other year.
The Planning Department prepares and distributes a RFQ to consultants interested in providing
CEQA services to the City of Temecula. The RFQ will be made available to the general
consulting community and will be available via the City's web site. The City will review all
submitted Statement of Qualifications and determine if the consultant meets the City's minimum
qualification requirements, including but not limited to project understanding, technical
expertise, related project experience, team qualifications and competitive budget. The list of
qualified consultants shall be updated every two years (January 2009, 2011, etc.) to ensure that
the City receives the highest caliber consulting services. Placement on the City's qualified
CEQA consultant list does not guarantee any specific CEQA work.
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3. Environmental Consultsnt Hiring Process
3.3 RFP Process
When the Planning Department determines that an EIR, MND, or technical study is required for
a private development project, the City will select a limited number of environmental consultants
from the qualified consultant list to receive a Request for Proposal (RFP). RFD's will be mailed
to a select number of consultants as determined by either a rotating list or a grouping of
consultants determined to be highly qualified for a particular type of project. The RFP will
clearly spell out the project description and the requested environmental consulting services
required for the proposed project and will specify a due date and the required number of copies
of the proposal to be submitted to the City. The RFP may also include other requirements as
determined by the City. In addition, the RFP will clearly spell out the selection criteria and any
criterion weight. Consultants may be disqualified from final selection, if the City determines that
any conflict of interest exists.
3.4 Consultant Selection
The City of Temecula will review all proposals submitted for a project CEQA document and
make a determination of the most qualified proposal that meets the needs of the City. The City
may elect to form a committee to review all submitted proposals and may conduct interviews of
the most qualified consultants to assist in the final consultant selection. The successful
' consultant will be notified upon selection and will enter into contract negotiations with the City.
All consultant contracts must be approved by the appropriate City authority in accordance with
current city purchasing procedures.
3.5 Project Initiation/Applicant Deposits
For private development projects, the City shall collect the total amount of the contract plus a
City administrative fee for processing the environmental documents from the applicant. The
environmental consultant will be given notice to proceed when the funds have been received
from the applicant. City staff will provide updates to the project applicant regarding project
budget/available funds.
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APPENDIXA
Environmental Review Process Flowchart
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NOE - Notice of Exemption
NOD - Notice of Determination
NOA - Notice of Availability
NOP - Notice of Preparation
NOC - Notice of Completion
EIR - Environmental Impact Report
ND - Negative Declaration
MIND - Mitigated Negative Declaration
MMRP - Mitigation Monitoring Reporting Program
0